[House Report 116-438]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-438
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2) TO AUTHORIZE FUNDS FOR
FEDERAL-AID HIGHWAYS, HIGHWAY SAFETY PROGRAMS, AND TRANSIT PROGRAMS,
AND FOR OTHER PURPOSES
_______
June 29, 2020.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Morelle, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1028]
The Committee on Rules, having had under consideration
House Resolution 1028, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2, the
Moving Forward Act, under a structured rule. The resolution
provides two hours of general debate on the bill equally
divided and controlled by the chair and ranking minority member
of the Committee on Transportation and Infrastructure. The
resolution waives all points of order against consideration of
the bill. The resolution provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 116-54, modified by the amendment printed in
Part A of this report, shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. Section 2 of the resolution provides that following
general debate, it shall be in order for the chair of the
Committee on Transportation and Infrastructure or his designee
to offer an amendment en bloc consisting of the further
amendments printed in part B of this report. The amendment en
bloc shall be considered as read, shall be debatable for one
hour equally divided and controlled by the chair and ranking
minority member of the Committee on Transportation and
Infrastructure or their respective designees, shall not be
subject to amendment, and shall not be subject to a demand for
division of the question. Section 3 of the resolution provides
that after consideration of the amendment en bloc described in
section 2, it shall be in order for the chair of the Committee
on Transportation and Infrastructure or his designee to offer
an amendment en bloc consisting of the further amendments
printed in part C of this report. The amendment en bloc shall
be considered as read, shall be debatable for 30 minutes
equally divided and controlled by the chair and ranking
minority member of the Committee on Transportation and
Infrastructure or their respective designees, shall not be
subject to amendment, and shall not be subject to a demand for
division of the question. Section 4 of the resolution provides
that after consideration of the amendment en bloc described in
section 3, it shall be in order for the chair of the Committee
on Transportation and Infrastructure or his designee to offer
an amendment en bloc consisting of the further amendments
printed in part D of this report. The amendment en bloc shall
be considered as read, shall be debatable for 30 minutes
equally divided and controlled by the chair and ranking
minority member of the Committee on Transportation and
Infrastructure or their respective designees, shall not be
subject to amendment, and shall not be subject to a demand for
division of the question. Section 5 of the resolution provides
that after consideration of the amendment en bloc described in
section 4, it shall be in order for the chair of the Committee
on Transportation and Infrastructure or his designee to offer
an amendment en bloc consisting of the further amendments
printed in part E of this report. The amendment en bloc shall
be considered as read, shall be debatable for one hour equally
divided and controlled by the chair and ranking minority member
of the Committee on Transportation and Infrastructure or their
respective designees, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
Section 6 of the resolution provides that after consideration
of the amendment en bloc described in section 5, it shall be in
order for the chair of the Committee on Transportation and
Infrastructure or his designee to offer an amendment en bloc
consisting of the further amendments printed in part F of this
report. The amendment en bloc shall be considered as read,
shall be debatable for 30 minutes equally divided and
controlled by the chair and ranking minority member of the
Committee on Transportation and Infrastructure or their
respective designees, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
Section 7 of the resolution provides that after consideration
of the amendment en bloc described in section 6, it shall be in
order for the ranking minority member of the Committee on
Transportation and Infrastructure or his designee to offer an
amendment en bloc consisting of the further amendments printed
in part G of this report. The amendment en bloc shall be
considered as read, shall be debatable for 30 minutes equally
divided and controlled by the chair and ranking minority member
of the Committee on Transportation and Infrastructure or their
respective designees, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
Section 8 of the resolution provides that after consideration
of the amendment en bloc described in section 7, each further
amendment printed in part H of this report shall be considered
only in the order printed in the report, may be offered only by
a Member designated in the report, shall be considered as read,
shall be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question. Section 9 of the
resolution provides that prior to the offering of an amendment
en bloc pursuant to sections 2 through 7, the chair of the
Committee on Transportation and Infrastructure or his designee
may designate amendments that shall not be considered as part
of the amendment en bloc. The resolution provides that any
amendment designated pursuant to section 9 shall be in order
after consideration of the further amendments printed in part H
if offered by a Member designated in this report, shall be
debatable for 10 minutes equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment,
and shall not be subject to a demand for division of the
question. The resolution waives all points of order against
amendments en bloc described in sections 2 through 7 and the
further amendments described in sections 8 and 9. The
resolution provides one motion to recommit with or without
instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 2 includes waivers of the following:
Clause 3(d) of rule XIII, which requires the
inclusion of a committee cost estimate in a committee
report. A CBO cost estimate on H.R. 2 was not available
at the time the Committee on Transportation and
Infrastructure filed its report.
Clause 3(e) of rule XIII, which requires the
inclusion of a comparative print for a bill proposing
to repeal or amend a statute.
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Section 306 of the Congressional Budget Act,
which prohibits consideration of legislation within the
jurisdiction of the Committee on the Budget unless
referred to or reported by the Budget Committee.
The waiver of all points of order against provisions in
H.R. 2, as amended, includes waivers of the following:
Clause 4 of rule XXI, which prohibits
reporting a bill carrying an appropriation from a
committee not having jurisdiction to report an
appropriation.
Clause 5(a) of rule XXI, which prohibits a
bill carrying a tax or tariff measure from being
reported by a committee not having jurisdiction to
report tax or tariff measures.
Although the resolution waives all points of order against
the amendments en bloc described in sections 2 through 7 of the
resolution, the further amendments described in section 8, and
the further amendments described in section 9, the Committee is
not aware of any points of order. The waiver is prophylactic in
nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 325
Motion by Mr. Cole to report an open rule. Defeated: 4-7
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... ............ Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 326
Motion by Mr. Cole to amend the rule to H.R. 2 to make in
order amendment #150, offered by Rep. Garcia (CA), which
reauthorizes Subtitle J of Title 3 of Public Law 114-322
through Fiscal Year 2028. Defeated: 4-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... ............ Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 327
Motion by Mr. Cole to amend the rule to H.R. 2 to make in
order amendment #168, offered by Rep. Calvert (CA), which
eliminates certain restrictions on constructing additional
lanes and capacity on the National Highway System. Defeated: 4-
7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... ............ Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 328
Motion by Mr. Woodall to amend the rule to H.R. 2 to make
in order amendment #192, offered by Rep. Davis (IL), which
streamlines and consolidates the federal permitting process.
Defeated: 4-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... ............ Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 329
Motion by Mr. Burgess to amend the rule to H.R. 2 to make
in order amendment #380, offered by Rep. Burgess (TX), which
raises the threshold of covered projects under NEPA to $1
billion and allows projects with marginal environmental impact
to be excluded from NEPA review. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 330
Motion by Mrs. Lesko to amend the rule to H.R. 2 to make in
order amendment #355, offered by Rep. Lesko (AZ), which ensures
that states who issue driver licenses to illegal aliens do not
receive federal highway funding. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 331
Motion by Mrs. Lesko to amend the rule to H.R. 2 to make in
order amendment #356, offered by Rep. Lesko (AZ), which repeals
the excise tax on heavy trucks and trailers through 2021.
Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 332
Motion by Mr. Morelle to report the rule. Adopted: 8-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Ms. Matsui...................................... Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT TO H.R. 2 IN PART A CONSIDERED AS ADOPTED
1. DeFazio (OR): Adds a credit providing for an additional
subsidy for green energy projects that conform to certain labor
standards and adds required labor standards for projects
financed with certain tax-preference bonds. Directs the
Transportation Security Administration (TSA) to convert all
covered employees and positions within TSA to the personnel
management provisions of title 5, U.S.C., thereby ensuring that
TSA employees are provided the same rights and civil service
protections afforded most other Federal workers. Authorizes
$3.396 billion for VA construction and maintenance and applies
the existing government-wide three percent goal for
participation by service-disabled veteran owned small
businesses to the minor construction and non-recurring
maintenance allocations. Adds trailers to the list of vehicles
that may be purchased with the funds authorized. Adds Davis
Bacon requirements to the Housing Trust Fund, Capital Magnet
Fund, and Flood Mitigation Assistance funding in the bill.
Raises the cap on the Reforestation Trust Fund to $60,000,000
per year to address United States Forest Service replanting
needs. Makes certain changes to public outreach procedures for
abandoned coal mine reclamation at the request of the states
and restates existing law for Department of Energy technical
assistance to states for reclaiming orphaned wells. Requires
the Secretary of Transportation to enter into an agreement with
the National Academies of Sciences to develop a long-term
research agenda for the surface transportation system that
would address integrating advanced technologies and innovation
and requires the Secretary to establish a program for long-
term, high-risk research. Provides authority to the Secretary
to establish a program for the demonstration of advanced
transportation technologies for local transportation
organizations and transit agencies serving populations of
200,000 or less and reauthorizes a previously existing advisory
council to facilitate receiving outside expertise. Amends
Division G to insert Davis-Bacon requirements and clarifies
prioritization of funding for broadband deployment policies,
among other technical changes. Amends Division O, Agriculture
Infrastructure Improvements, by doubling the current statutory
deposit limit for the Reforestation Trust Fund, enabling
additional reforestation activities on National Forest System
lands, including tree planting, seeding, fertilization, and
timber stand improvement. Deposits in the account are derived
from tariffs on imported wood products. Requires that the
National Lifeline Verifier be hooked up to SNAP's National
Accuracy Clearinghouse.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART B MADE IN ORDER EN BLOC
1. Adams (NC), Sewell (AL), Cooper (TN), Khanna (CA):
Changes ``minority institutions'' (20 U.S.C. 1067k) to
``historically black colleges and universities and other
minority-serving institutions'' (20 U.S.C. 1067q) and raises
the minimum number of grants to those institutions from two to
four.
2. Aguilar (CA), Rouda (CA): Amends the Gridlock Reduction
Grant Program to ensures eligibility for transportation
authorities that are non-traditional local governments or MPOs,
yet are legally responsible for delivering transportation
improvements.
3. Aguilar (CA), Takano (CA): Includes language to ``reduce
the environmental impacts of freight movement on the National
Highway Freight Network, including local pollution'' as a goal
of the National Highway Freight Program. This language is
intended to clarify that air pollution caused from vehicles
idling at railway crossings is considered to be ``local
pollution''.
4. Brindisi (NY): Ensures that hybrid electric buses that
make meaningful reductions to direct carbon emissions have a
90% cost share in the bus formula and bus competitive grant
programs.
5. Cicilline (RI): Creates a Task Force to assess existing
standards and test methods for the use of innovative materials
in infrastructure, identify key barriers in the standards area
that inhibit broader market adoption, and develop new methods
and protocols, as necessary, to better evaluate innovative
materials.
6. Crist (FL): Includes consultation with HHS in updating
the national safety plan to include responses to pandemics and
other public health crises.
7. Crist (FL): Ensures that CDC guidelines are taken into
account in adding infectious diseases to the required issues
that must be addressed in safety plans.
8. Cunningham (SC): Requires the vulnerability assessment
done by Metropolitan Planning Organizations to include a review
of how accessible health care and public health facilities are
in an emergency situation and what improvements may be made to
adequately facilitate safe passage and ensures that projects
that reduce risks of disruption to critical infrastructure are
given priority for Section 1202 funding.
9. Escobar (TX): Directs the Department of Transportation
to conduct a study on the infrastructure state of colonias,
including surface, transit, water, and broadband infrastructure
of such colonias.
10. Escobar (TX): Creates a new $10 million grant program
for colonias to maintain a state of good repair for surface
infrastructure in these communities.
11. Eshoo (CA), Matsui (CA), Costa (CA), Cisneros (CA):
Adds charging speed and minimization of future upgrade costs as
considerations for electric vehicle charging infrastructure
grants.
12. Finkenauer (IA): Authorizes additional appropriations
for the Rebuild Rural grant program in FY23 and FY24.
13. Garcia, Jesus (IL), Schakowsky (IL): Requires that a
study on how autonomous vehicles will impact transportation
include secondary impacts on air quality and climate as well as
energy consumption.
14. Jayapal (WA), Brownley (CA): Adds requirements to
Section 1621 to study workforce, training and equity
considerations as related to job creation that would result
from federal investments in climate-resilient transportation
infrastructure.
15. Jayapal (WA), Blumenauer (OR), Huffman (CA): Ensures
that the national surface transportation system funding pilot
promotes personal privacy for participants by (1) adding a
consumer advocate to the advisory board to implement the
program, (2) ensuring that the public awareness campaign to
carry out the pilot includes information related to personal
privacy and (3) adding that the report to Congress should
include an analysis of how privacy for volunteer participants
was maintained.
16. Keating (MA): Adds projects replacing, reconstructing
or rehabilitating a high commuter corridor as a consideration
for awarding a grant under H.R. 2. It also clarifies that the
U.S. Army Corps of Engineers and the Bureau of Reclamation and
Bureau of Land Management are eligible entities to receive
funds.
17. Keating (MA): Clarifies federal land transportation
facilities as ``highways, bridges, or other transportation
facilities'' for which the maintenance responsibility is vested
in the Federal Government.
18. Lamb (PA): Directs the Secretary to carry out a study
on the operational and safety performance of small commercial
vehicles used in interstate commerce.
19. Larsen, Rick (WA), Payne, Jr. (NJ): Directs GAO to
study the capital investment needs of U.S. public ferries and
whether federal funding programs are meeting those needs. The
report would also examine the feasibility of including public
ferries in DOT's Conditions and Performance Report (C&P) and
provide recommendations to Congress.
20. Levin, Andy (MI), Ocasio-Cortez (NY): Amends the EV
Charging, Natural Gas Fueling, Propane Fueling and Hydrogen
Fueling Infrastructure Grants by (1) Including environmental
and environmental justice organizations on the list of relevant
stakeholders; (2) Strengthening environmental justice
protections and plans for renewable or zero emissions energy
sources for charging and fueling infrastructure in the list of
considerations for grant eligibility; (3) Directing the DOT to
conduct a study on options for financing the placement of a
national network of publicly available EV charging
infrastructure along the National Highway System, and; (4)
Directing the DOT to conduct a study to determine the maximum
distance allowable between publicly available EV charging
infrastructure such that a driver can drive across the National
Highway System without running out of charging power.
21. Lewis (GA): Authorizes the use of surface
transportation funds to build noise barriers for older
residential communities along major roads.
22. Luria (VA): Incentivizes localities to build or expand
transit to low-income areas or areas that do not have adequate
access to public transportation.
23. Meng (NY): Requires a report on accessibility to public
transportation for pregnant women.
24. Meng (NY): Requires as part of the National Transit
Frontline Workforce Training Center training methods that would
cater to the needs of diverse participants.
25. Meng (NY): Requires the race and ethnicity of officers
who stop motor vehicles on highways, as well as the race/
ethnicity of the driver.
26. Moore (WI): Requires the Office of Tribal Affairs to
have and implement regular and meaningful consultation and
collaboration with Tribes and Tribal officials as required by
Executive Order 13175.
27. Morelle (NY): Requires Secretary of Transportation to
create best practices for application of National National
Environmental Policy Act of 1969 to federally funded bus
shelters to assist recipients of Federal funds in receiving
exclusions permitted by law.
28. Murphy, Stephanie (FL), Soto (FL), Demings (FL):
Directs USDOT to take action to improve the risk-based
stewardship and oversight of recipients of Federal funds.
29. Napolitano (CA): Strikes Section 1604, the Balance
Exchanges for Infrastructure Program title, from the bill.
30. Norcross (NJ): Amends Sec. 1614(B)(2) by adding labor
organizations as a listed member of the working group on
construction resources.
31. Omar (MN): Requires a report on barriers to public
transportation faced by residents of Areas of Concentrated
Poverty.
32. Peters (CA), Smith, Adam (WA), Jayapal (WA), Levin,
Mike (CA): Ensures that projects submitted to the FTA Capital
Investment Grants program can use ridership data collected
before the COVID-19 outbreak and projections based on that
data, if requested.
33. Porter (CA), Speier (CA), DeLauro (CT), Brownley (CA),
Schakowsky (IL), Pressley (MA): Improves the health and safety
of women drivers by identifying the impact that vehicle sizing,
design, and safety measures have on women.
34. Ruiz (CA): Requires NHTSA to study the safety
implications of equipping school buses with air conditioning to
prevent heat-related illness and over-heating among students.
35. Schrier (WA): Waives FTA's spare ratio regulations for
two years. The spare ratio regulations require that the number
of spare buses in the active fleet for recipients operating 50
or more fixed-route revenue vehicles cannot exceed 20 percent
of the number of vehicles operated in maximum fixed-route
service.
36. Scott, Bobby (VA), Murphy, Stephanie (FL): Expresses a
Sense of Congress that the Department of Transportation should
utilize modeling and simulation technology to analyze federally
funded highway and public transit projects to ensure that these
projects will increase transportation capacity and safety,
alleviate congestion, reduce travel time and environmental
impact, and are as cost effective as practicable.
37. Speier (CA): Adjusts the definition of low-income
individuals to include Federal Pell grant recipients for
demonstration grants to support reduced fare transit.
38. Swalwell (CA), Maloney, Sean (NY): Strengthens
limitations on financial assistance for state-owned enterprises
by adding ``exercising an option on a previously awarded
contract'' to section restricting the use of H.R. 2 funds.
39. Titus (NV): Amends Sec. 405 of Title 23 to ensure
funding to implement child passenger safety programs in low-
income and underserved populations in lower seat belt use rate
states as defined in Sec. 405(b)(3)(B).
40. Titus (NV): Amends Sec. 405(h) of Title 23 to enhance
NHTSA nonmotorized safety grants for bike and pedestrian safety
programs and campaigns.
41. Tlaib (MI), Barragan (CA), Ocasio-Cortez (NY), Brownley
(CA): Adds to the Climate Resilient Transportation
Infrastructure Study a requirement to outline how Federal
infrastructure planning, design, engineering, construction,
operation, and maintenance impact the environment and public
health of disproportionately exposed communities. A
disproportionately exposed community is defined as a community
in which climate change, pollution, or environmental
destruction have exacerbated systemic racial, regional, social,
environmental, and economic injustices by disproportionately
affecting indigenous peoples, communities of color, migrant
communities, deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the elderly,
people experiencing homelessness, people with disabilities,
people who are incarcerated, or youth.
42. Tlaib (MI): Requires an annual consultation between DOT
and EPA to review all projects under the Community Climate
program. The amendment also requires a one-time public comment
solicitation prior to the first year of grants and before
Charter Approval.
43. Torres, Norma (CA): Requires GAO to conduct a study of
the impacts of vehicle miles traveled fee pilot programs.
44. Torres, Norma (CA): Reauthorizes the Transportation
Equity Research program and requires other transportation
equity studies.
45. Velazquez (NY): Requires that grantees applying for a
demonstration grant under section 2503 plan for a public
awareness campaign, and for such campaign to be available in
languages other than English, to notify low-income individuals
of the agency's ability to provide reduced fares. Clarifies
that jurisdictions already with a low-income program for
reduced fares in place are still eligible to participate in the
grant program.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART C MADE IN ORDER EN BLOC
1. Cuellar (TX): Directs new highway-rail grade crossing
grant program to specifically address projects involving grade
crossing separations at international borders.
2. Garcia, Jesus (IL), Carbajal (CA), Lynch (MA), Ocasio-
Cortez (NY), Pressley (MA), Jayapal (WA): Expands COVID-19
protections to passenger and freight/cargo transportation
workers across all modes.
3. Gottheimer (NJ): Requires DOT to publish a contingency
plan for a shutdown of train travel in the North River Tunnel
under the Hudson River.
4. Jackson Lee (TX): Requires a report from the FAA on
those areas of the airport system that have not received any
COVID-19 related funding and requires prioritizing of funding
to these areas.
5. Jayapal (WA), Quigley (IL), Norton (DC), Lynch (MA),
Smith, Adam (WA), Suozzi (NY), Pressley (MA), Brownley (CA),
Speier (CA), Rouda (CA), Beyer (VA), Raskin (MD): Increases
set-aside from 4.5% to 5% for airport emission reduction
projects, airplane noise mitigation and other airport projects
that reduce the adverse effects of airport operations on the
environment and surrounding communities.
6. Kaptur (OH), Ryan (OH): Expresses the sense of Congress
disapproving of Amtrak's recent announcement drastically
limiting daily long-distance train service to hundreds of
communities across the nation.
7. Kilmer (WA): Amends Section 10103. Airport Resiliency
Projects to include general aviation airports that are
designated as a Federal staging area by the Federal Emergency
Management Agency to accommodate critical emergency
infrastructure in rural communities.
8. Lamb (PA): Directs the Army Corps of Engineers to lead
the development and implementation of an interagency plan to
prepare for and respond to climate change within the Ohio River
Basin, based on their previous report.
9. Lawrence (MI): Requires a study on water affordability,
including water rates, shutoffs, and the effectiveness of SRF
funding for promoting affordable and equitable service. The
study will also investigate any discriminatory practices of
water and sewer service providers and any violations of civil
rights and equal access to water and sewer service sand will
further assess the availability of data on water access and
water shutoffs.
10. Lewis (GA): Codifies existing FAA rules about changes
in airport sponsorship.
11. Lynch (MA): Requires the Secretaries of Transportation,
Health and Human Services, and Homeland Security to establish
an expert Joint Task Force to develop uniform federal safety
guidelines and protect passengers and aviation employees
against the impact of the coronavirus pandemic.
12. McNerney (CA), Harder (CA), Cox (CA), Thompson, Mike
(CA), Costa (CA): Requires Amtrak to develop ridership and
station staffing projections as part of its now required
capital and operating projections.
13. Meng (NY): Requires the Federal Railroad Administration
to prescribe regulations requiring rail coverings.
14. Morelle (NY): Adds ``Buy America'' provisions to the
Railroad Rehabilitation & Improvement Financing (RRIF) title of
HR 2 to cover rolling stock (trainsets).
15. Morelle (NY): Authorizes GAO study on the accessibility
of FEMA's Public Assistance, Individual Assistance, and other
relevant flood disaster assistance programs, with a focus on
identifying barriers to access based on race, ethnicity,
language, and income level.
16. Moulton (MA): Expands public benefits considered in
cost-benefit analyses for Passenger Rail Improvement,
Modernization, and Expansion (PRIME) Grants to include induced
demand and regional and local economic gains, including
increased competitiveness, productivity, efficiency, and
economic development.
17. Moulton (MA): Grants the Federal Railroad
Administration advance acquisition authority for rail projects
receiving federal funds, just as is given to the Federal
Highway Administration and the Federal Transit Administration.
Advance acquisition will not allow development on acquired
right-of-way or adjacent real property interests prior to
completing review and planning requirements.
18. Napolitano (CA), Lewis (GA), Scott, David (GA),
Lowenthal (CA), Huffman (CA), Garamendi (CA), Rouda (CA),
Schiff (CA): Overturns a 2014 FAA policy change and
reestablishes previous FAA interpretation and enforcement that
the restriction on the use of aviation fuel tax revenues for
airport purposes applies to excise taxes and not general sales
taxes.
19. Neguse (CO): Requires the Federal Railroad
Administration to report to Congress on the Supplementary
Safety Measures and Alternative Safety Measures researched by
the Railroad Research and Development Program that can be used
by communities to qualify for a Quiet Zone.
20. Neguse (CO): Authorizes a GAO study of the building
codes and standards used by the Federal Emergency Management
Agency--including an assessment of the status of building code
adoption across states, tribes, and territories, the economic
benefits to prioritizing resiliency, and an assessment of the
building codes utilized by FEMA with recommendations for
improvements to their utilization of codes and standards to
prepare for climate change and impacts.
21. Panetta (CA): Permits an EDA grant recipient to
repurpose funding from a revolving loan fund (RLF) after it has
been lent out and repaid.
22. Perlmutter (CO): Authorizes funding for the US
Geological Survey to support construction of a science facility
conducting energy and minerals research.
23. Pressley (MA): Requires GAO to issue a report on the
impact of transportation policies on marginalized communities,
including fare evasion and speed enforcement camera policies,
and make recommendations on ways to reduce any disproportionate
impacts.
24. Quigley (IL): Requires GSA to incorporate strategies,
features, and practices to reduce bird fatality resulting from
collisions with public buildings which GSA owns, acquires, or
alters.
25. Rouda (CA), Norton (DC): Establishes the Aviation
Industry Assistance for Cleaner and Quieter Skies Voucher
Program to provide incentives to enhance our domestic airline
fleets and reduce emissions and noise.
26. Sherrill (NJ): Authorizes a GAO study that would
recommend specific safety measures to reduce exposure to the
SARS-CoV-2 virus on mass transportation systems, as well as
technologies that can assist with the implementation of these
safety measures, i.e. technologies that facilitate large-scale
sanitation/decontamination and encourage social distancing.
27. Sherrill (NJ): Adds $50 million to the credit risk
premium subsidy for the Railroad Rehabilitation and Improvement
Financing (RRIF) program, using $50 million in funding
originally authorized for the state-supported route subsidy.
28. Slotkin (MI): Strengthens Pipeline and Hazardous
Materials Safety Administration (PHMSA) reporting and
transparency requirements related to pipeline leaks, damage, or
disruption
29. Smith, Adam (WA), Norton (DC), Quigley (IL), Peters
(CA), Lynch (MA), Beyer (VA), Suozzi (NY), Pressley (MA),
Raskin (MD): Requires the FAA and the EPA to work with the
National Academy of Sciences to conduct a national study on the
characteristics, distributions, sources, and potential health
effects of airborne ultrafine particles in airport adjacent
communities.
30. Speier (CA), Huffman (CA), Garamendi (CA), Lofgren
(CA), Thompson, Mike (CA): Increases the authorized amount of
the San Francisco Bay Restoration grant program from $25
million to $50 million.
31. Torres Small, Xochitl (NM), Cuellar (TX), Haaland (NM),
Vargas (CA), Lujan (NM), Welch (VT), Grijalva (AZ): Authorizes
$100 million for infrastructure improvement projects at land
ports of entry with significant total trade percentage growth
in 2019.
32. Trone (MD): Establishes a pilot program to provide
funding to states to incorporate wastewater testing for drugs
at municipal wastewater treatment plants and to develop public
health interventions to respond to the findings (amendment
updated to reflect funding is subject to appropriations). This
would allow public health departments to monitor drug
consumption and detect new drug use more quickly and in a more
specific geographic region than methods currently in use while
preserving individual privacy.
33. Vargas (CA): States that the the California New River
Restoration Act Authorizes the Environmental Protection Agency
(EPA) Administrator to support projects recommended by the
California-Mexico Border Relations Council. Additionally, the
California New River Restoration Act of 2019 ensures that the
EPA will consult with all the New River stakeholders on both
sides of the border during the creation and implementation of
the programs.
34. Waters (CA): Requires airport sponsors that receive
supplemental funding for airports in FY 2021 to provide
financial relief to airport concessionaires experiencing
economic hardship and to show good faith efforts to provide
relief to socially and economically disadvantaged businesses.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART D MADE IN ORDER EN BLOC
1. Blunt Rochester (DE): Authorizes $20 billion over 5
years, and $84 million per year over 10 years for the
administration of the program, in funding for states, federal
buildings, and tribes to upgrade public building
infrastructure, like hospitals and schools, making them more
energy efficient and resilient. Funding will be delivered
through three existing Department of Energy programs and will
prioritize projects in environmental justice and low-income
communities.
2. Blunt Rochester (DE): Authorizes $250 million per year
over 5 years for a competitive grant program at EPA that
incentivizes ports to create and implement climate action plans
to reduce GHG emissions and other air pollutants. The grants
will be prioritized based on several factors: regional
collaboration, engagement of EJ and near-port communities in
developing the climate action plans, and utilizing zero
emissions as a key strategy of the plan.
3. Brindisi (NY): Instructs the Office of Internet
Connectivity and Growth to study the impact of monopolistic
business practices by broadband service providers.
4. Brindisi (NY), Costa (CA): Requires the Office of
Internet Connectivity and Growth to study the extent to which
broadband service providers utilizing federal programs are
delivering the upload and download speeds required.
5. Craig (MN): Blocks the FCC from taking action on a dual
Notice of Proposed Rulemaking and also annuls the FCC's
Declaratory Rulemaking that seeks to block an ordinance that
was adopted to give local residents more broadband competition.
6. Cunningham (SC): Ensures that hospital infrastructure
projects that are related to natural disaster preparedness and
flood mitigation are given priority alongside projects dealing
with public health emergency preparedness or cybersecurity.
7. Cunningham (SC): Requires NOAA to conduct a study on
wild fish in PFAS-contaminated waters and the risks of
consuming such fish to humans and natural predators.
8. Dingell (MI): Establishes a Clean Energy and
Sustainability Accelerator to bolster and expand a robust clean
energy workforce, deploy emissions reduction technologies, and
invest in low-carbon infrastructure projects as an independent
non-profit capitalized with $20 billion of federal funds spread
over a six-year period. The Accelerator is also authorized to
provide financial and technical support to state and local
green banks in the United States.
9. Foster (IL): Includes language in the Grid Security and
Modernization section that would require the Secretary of
Energy to provide goals and objectives, cost targets, a multi-
year strategy, and testing and validation requirements for
energy storage. The language also includes a limitation on the
total number of demonstration projects to focus on the most
promising technologies.
10. Haaland (NM), Lujan (NM), Schrier (WA), Gallego (AZ),
Huffman (CA), Moore (WI), O'Halleran (AZ), Horn (OK): Postpones
the FCC's 2.5 GHz Tribal Priority filing window deadline by 180
days that is set to close on August 3, 2020.
11. Hayes (CT), Cardenas (CA): Doubles funding clean school
bus programs under the Environmental Protection Agency and
triple funding reserved for underserved and disadvantaged
communities.
12. Krishnamoorthi (IL), Porter (CA): Requires booster seat
labeling.
13. Levin, Andy (MI): Amends the pilot program to improve
laboratory infrastructure to prioritize the reduction of wait
times for COVID-19 test results.
14. Lipinski (IL): Requires NHTSA to issue a rule for motor
vehicle bumpers and hoods to be designed to reduce the impact
on vulnerable road users, including pedestrians and cyclists,
in the event of a collision with a motor vehicle.
15. Lujan (NM), Foster (IL), Watson Coleman (NJ), Scott,
Bobby (VA), Lofgren (CA), Haaland (NM), Neguse (CO), Lee,
Barbara (CA), Underwood (IL), Swalwell (CA), Johnson, Eddie
Bernice (TX): Authorizes $6 billion to address the significant
deferred maintenance needs and to accelerate the modernization
of the Department of Energy's national laboratory
infrastructure.
16. Matsui (CA): Raises the Electric Vehicle Supply
Equipment Rebate Program cap for eligible parties from $75,000
to $100,000 and lowers the minimum voltage level for qualifying
Level 2 Charging Equipment from 240 volts to 208 volts.
17. Matsui (CA), Sarbanes (MD): Authorizes a program at the
Department of Energy to deliver grants to utilities that
partner with nonprofit tree-planting organizations to provide
free or discounted trees with the goal of reducing energy
costs, reducing neighborhood temperatures, and promote local
workforce development and community engagement.
18. Meng (NY): Creates a new $5 million grant program to
replace water fountains at public playgrounds and parks.
19. Moore (WI): Creates a research program at the EPA to
support ongoing efforts to use wastewater surveillance to track
trends and the prevalence of COVID-19.
20. Norcross (NJ): Creates a rebate program for energy
efficiency upgrades.
21. Phillips (MN): Directs the GAO to conduct a study on
broadband deployment to cities and towns with populations
between 2,500 and 50,000.
22. Plaskett (VI): Provides for the equitable inclusion of
the U.S. island territories within the meaning of the terms
``high-poverty area'' and ``persistent poverty county''.
23. Plaskett (VI): Makes U.S. territories eligible for Safe
Drinking Water Act assistance authorized for areas affected by
natural disasters.
24. Porter (CA), Cardenas (CA), Hayes (CT): Requires the
Secretary of Health and Human Services and the Administrator of
the Environmental Protection Agency to conduct a study on the
effects of idling school buses and cars in school zones on
children's health.
25. Sablan (MP): Codifies the annual reservation of 1.5
percent of Safe Drinking Water Act SRF for the U.S. Territories
included in annual appropriations legislation covering the
DWSRF every year since FY 2010.
26. Slotkin (MI): Stipulates that receipt of a grant under
the PFAS Infrastructure Grant Program in no way absolves the
Department of Defense of their responsibilities relating to
cleanup of PFAS.
27. Spanberger (VA): Requires GAO to conduct an evaluation
and write a report on the efficacy of the FCC's existing
process for establishing, reviewing, and updating its speed
thresholds for broadband service.
28. Takano (CA): Adds ``battery storage technologies'' for
residential, industrial, and transportation applications.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART E MADE IN ORDER EN BLOC
1. Babin (TX), Conaway (TX), Williams (TX), Bishop, Sanford
(GA), Carter, John (TX), Abraham (LA), Weber (TX), Allen (GA),
Flores (TX), Hice (GA), Cuellar (TX), Fletcher (TX), Palazzo
(MS), Ferguson (GA): Authorizes the expansion and improvement
of interstate 14.
2. Balderson (OH), Burgess (TX): Strikes ``lane splitting''
in Sec. 5304 and inserts descriptive language to better account
for varying state laws.
3. Beyer (VA), Napolitano (CA), Katko (NY): Authorizes a
study by GAO to determine the effectiveness of suicide barriers
on physical structures other than bridges.
4. Brownley (CA), Pence (IN): Ensures the installation of
protective devices and the replacement of functionally obsolete
warning devices at railway-highway crossings are eligible under
the rail grade crossing program.
5. Calvert (CA), Takano (CA): Establishes the Western
Riverside County Wildlife Refuge.
6. Cohen (TN), Chabot (OH), Brownley (CA), Fitzpatrick
(PA), Nadler (NY): Authorizes a study by GAO on the reporting
of alcohol-impaired driving arrest and citation results into
federal databases to facilitate the widespread identification
of repeat impaired driving offenders.
7. Crawford (AR): Applies TIVSA protections to buses.
8. Cuellar (TX), Babin (TX), Fletcher (TX), Arrington (TX),
Lujan (NM): Adds a new section that provides I-27 Future
Interstate Designation for Texas and New Mexico.
9. Dingell (MI), Fortenberry (NE), Raskin (MD): Adds the
bipartisan natural infrastructure bill H.R. 3742, the
Recovering America's Wildlife Act, which will enable States,
Territories, and Tribes to complete habitat restoration and
natural infrastructure projects, specified in Congressionally-
mandated Wildlife Action Plans, to recover more than 12,000
wildlife, fish, and plant species of greatest conservation
need, build recreational and educational infrastructure, and
bolster community resilience through natural defenses.
10. Garcia, Jesus (IL), Gallagher (WI): Amends parameters
of the study on travel demand modeling described in section
1404 to account for induced demand and update antiquated models
like ``Level of Service.''
11. Gianforte (MT): Permits the continued use of Pick-Sloan
Missouri Basin Program project use power by the Kinsey
Irrigation Company and the Sidney Water Users Irrigation
District.
12. Gonzalez-Colon, Jenniffer (PR): Makes Puerto Rico an
eligible applicant location for the Bureau of Reclamation's
WaterSMART Grants. Currently, Puerto Rico is the only territory
and noncontiguous jurisdiction in the United States where these
competitively-awarded water conservation and efficiency grants
are not available.
13. Gonzalez-Colon, Jenniffer (PR): Allows Puerto Rico to
issue Commercial Driver's Licenses and also be eligible for
Commercial Drivers License Improvement Program grant funding.
14. Graves, Garret (LA): Includes fishermen that have been
impacted by unfair trade practices for consideration under Sec.
83101.
15. Grothman (WI): Allows the Secretary of Commerce or the
Secretary of the Interior to consider the threat of invasive
species before prescribing a fishway be constructed into a dam.
16. Hastings (FL), Mast (FL): Expands eligibility for the
Surface Transportation Block Grant program to include rural
roads that serve to transport agriculture products from farms
or ranches to the marketplace.
17. Keller (PA), Thompson, Glenn (PA), Joyce, John (PA):
Allows the Department of Transportation to award transit
research, development and testing funds in a competitive
manner.
18. Krishnamoorthi (IL), Gallagher (WI): Adds a grant
program for states that ban non-navigational viewing.
19. Lowenthal (CA), Davis, Rodney (IL), Cohen (TN): Directs
the Secretary of Transportation to issue a vehicle safety
standard to require that new commercial motor vehicles are
equipped with a universal electronic vehicle identifier.
20. McKinley (WV), Veasey (TX), Fletcher (TX), Sewell (AL),
Schweikert (AZ), Peters (CA), Costa (CA), Miller (WV), Cisneros
(CA), Horn (OK): Authorizes and provide funding for a DOE
carbon capture, utilization, and storage technology
commercialization program and direct air capture technology
prize program.
21. Rouda (CA), Huffman (CA), Katko (NY): Creates a grant
program to support the modernization of the Nation's publicly
owned treatment works to maintain reliable and affordable water
quality infrastructure that addresses demand impacts, including
resiliency, to improve public health and natural resources.
22. Ruiz (CA), Cook (CA), Barragan (CA), Calvert (CA):
Provides authorization for construction of an access road to
the Desert Sage Youth Wellness Center, the only IHS Youth
Regional Treatment Center in California.
23. Sarbanes (MD), Scott, Bobby (VA), Wittman (VA), Harris
(MD): Reauthorizes the Chesapeake Bay Gateways and Watertrails
program.
24. Scott, Bobby (VA), Sarbanes (MD), Wittman (VA):
Authorizes the U.S. Fish and Wildlife Service to establish a
program to restore and protect the Chesapeake Bay watershed by
investing in green infrastructure, habitat preservation, and
ecosystem restoration to enhance community resilience, improve
water quality, and increase recreational opportunities while
also creating jobs and enhancing economic opportunities.
25. Walberg (MI), Burgess (TX): Adds the term ``mode of
transportation'' to the criteria for collection of data on
traffic stops.
26. Walden (OR): Temporarily waives certain limitations for
purposes of pedestrian and bicycle safety improvements on the
National Trail System in National Scenic Areas.
27. Welch (VT), McKinley (WV), Hayes (CT): Creates an
online energy efficiency contractor training program. The
amendment also makes improvements to the home energy efficiency
rebate program already included in the committee text of the
bill.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART F MADE IN ORDER EN BLOC
1. Adams (NC), Sewell (AL), Cooper (TN): Supports HBCU
infrastructure development by asking the Secretary of Education
to comply with the GAO's recommendation that the Education
Department analyze the potential benefits to HBCUs by modifying
the terms of existing HBCU Capital Financing Program loans, as
described in the GAO's report published on June 15, 2018 (GAO-
18-455).
2. Axne (IA), Khanna (CA), Finkenauer (IA): Establishes a
grant program for the purchase and preservation of manufactured
housing communities as long term affordable housing.
3. Bonamici (OR), Cisneros (CA), Finkenauer (IA): Directs
the Department of Labor to provide grants to partnerships that
support paid work-based learning programs, including Registered
Apprenticeships, and supportive services to improve worker
training, retention, and advancement for individuals who have
historically faced barriers to employment in targeted
infrastructure industries.
4. Brownley (CA): Requires that medium- and heavy-duty
vehicles purchased by the federal government are zero emission
vehicles to the maximum extent feasible.
5. Cardenas (CA), Murphy, Stephanie (FL): Encourages USPS,
in its process of replacing its aging delivery vehicle fleet,
to take all reasonable steps to ensure that its vehicles are
equipped with climate control units to protect the health and
safety of its mail carriers, especially those working in areas
of the country that are subject to extreme temperatures.
6. Courtney (CT), Larson, John (CT), Lynch (MA): Ensures
that the list of activities eligible for Community Development
Block Grant funds from Division J of the bill include housing
remediation due to iron sulfide or other minerals that cause
housing degradation.
7. Gallego (AZ), Haaland (NM): Requires Tribal and Native
Hawaiian consultation in the development of the State Digital
Equity Capacity Grant Program and improves technical assistance
for Tribes and Native Hawaiian organizations accessing the
program.
8. Garcia, Jesus (IL), Pressley (MA): Directs HUD to check
public housing projects and federally assisted housing projects
for lead pipes and issue grants to remove them.
9. Hastings (FL), Clarke, Yvette (NY): Requires the
Comptroller General of the United States to study high-speed
internet connectivity in Federally assisted housing, and
requires the Secretary of the Department of Housing and Urban
Development to submit a master plan to Congress for
retrofitting these buildings and units as necessary to support
broadband service.
10. Jayapal (WA): Ends the sunset date for the U.S.
Interagency Council on Homelessness and makes procedural and
functional changes to allow the Council to provide more
guidance to federal agencies as to how agency policies impact
persons experiencing homelessness and housing instability.
Creates a new advisory council composed of people currently and
formerly experiencing homelessness & groups representing people
experiencing homelessness.
11. Jayapal (WA), Meng (NY): Requires GAO to issue a report
on the housing infrastructure needs of populations at higher
risk of homelessness, including people of color; LGBTQ persons;
justice system-involved persons; foster and former foster
youth; seniors; people with disabilities; survivors of domestic
violence, sexual assault and intimate partner violence; and
veterans. The report will recommend policy and practice changes
by federal agencies to ensure housing infrastructure needs of
those populations are better met.
12. Lowenthal (CA): Establishes a Water Reuse Interagency
Working Group.
13. McCollum (MN): Applies Buy America requirements to the
Community Development Block Grant program with exemption for
housing development.
14. Neguse (CO), Perlmutter (CO): Directs GAO to complete a
report every three years on the status of federal research
facilities infrastructure, and strengthens current science
infrastructure reporting requirements for the Office of Science
and Technology Policy (OSTP) Director by requiring that they
report to Congress not only the infrastructure improvements
that are needed at federal research facilities, but also the
estimated funding levels that are required to complete them.
15. Ocasio-Cortez (NY), Maloney, Carolyn (NY): Sets aside
$50,000,000 of funds for updating postal facilities to increase
accessibility for disabled individuals, with a focus on
facilities that are included in the National Register of
Historic Places.
16. Ocasio-Cortez (NY): Repeals the Faircloth amendment
which prohibits the construction of new public housing.
17. Omar (MN): Requires the Office of Internet Connectivity
and Growth to conduct a study of the extent to which federal
funds have expanded access to and adoption of broadband
internet service by socially disadvantaged individuals.
18. Pressley (MA): Requires the Secretary of HUD to conduct
a study on the effect of criminal history or involvement with
the criminal legal system on access to private and assisted
housing.
19. Ruiz (CA): Takes land into trust for the Agua Caliente
Band of Cahuilla Indians.
20. Ruiz (CA): Includes Indian Country and areas with high
Native American populations in the priority areas for broadband
expansion under the Universal Service Fund.
21. Rush (IL): Establishes a nationwide energy-related
industries workforce development program.
22. Soto (FL): Directs the Director of the United States
Geological Survey to establish a program to map zones that are
at greater risk of sinkhole formation.
23. Speier (CA): Amends the eligibility for the additional
broadband benefit for low-income consumers to include
households in which at least one member of the household has
received a Federal Pell Grant in the most recent academic year.
24. Torres, Norma (CA): Triggers Treasury borrowing during
recessions when the real interest rate is zero or lower to
support infrastructure investments.
25. Velazquez (NY): Revises the distribution of funds under
the Public Housing Capital Fund to ensure at least 50 percent
of the funding is distributed according to formula. Also
ensures that PHAs working in good faith effort to resolve
urgent health and safety concerns remain eligible for funding
awards.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART G MADE IN ORDER EN BLOC
1. Bost (IL): Precludes funding for programs under the
Transportation Alternatives Program where lands are acquired
through eminent domain. Exceptions made for projects carried
out under the Safe Routes to Schools Program, those that
necessary to assist the disabled with daily needs under the
Americans with Disabilities Act.
2. Crawford (AR): Strikes full mega-project set-aside.
3. Fulcher (ID): Includes amended text of H.R. 2871, the
Aquifer Recharge Flexibility Act.
4. Graves, Garret (LA): Requires the Secretary to certify
that the actions in Sec. 82201 are more critical than the
sustainability of the region responsible for generating the
revenue.
5. Hice (GA): Strikes $25 billion in unfunded vehicle
purchases for the United States Postal Service.
6. LaMalfa (CA), Brady (TX), Wright (TX), Perry (PA):
Strikes changes to credit risk premiums under 45 U.S.C. 822.
7. McKinley (WV), Cheney (WY), Gianforte (MT): Makes
clarifying changes to Section 401 of the Federal Water
Pollution Control Act to ensure appropriate compliance with
applicable water quality requirements.
8. Stauber (MN): Eliminates duplicative 404 permitting
requirements only if the state's 404 permitting standard is
equal or higher than the federal governments.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART H MADE IN ORDER
1. Foxx (NC): Eliminates the requirement that all laborers
and mechanics working on federal-aid highway and public
transportation projects shall be paid wages at rates not less
than the locally prevailing wage rate. (30 minutes)
2. Courtney (CT), Himes (CT), Hayes (CT), DeLauro (CT),
Larson, John (CT): Aligns state and federal truck weight limits
for agricultural products in the State of Connecticut on
interstate highways. (10 minutes)
3. Tlaib (MI), Kildee (MI), Slotkin (MI), Cicilline (RI),
Moore (WI): Adds $4.5 billion per fiscal year for 5 years for
comprehensive lead service line replacement projects. Priority
will be given to entities serving disadvantaged communities and
environmental justice communities (with significant
representation of communities of color, low-income communities,
or Tribal and indigenous communities, that experience, or are
at risk of experiencing, higher or more adverse human health or
environmental effects). (10 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 2 CONSIDERED AS ADOPTED
Page 70, line 7, strike ``(1) In general.--'' and run the
text onto line 6.
Page 70, strike lines 12 through 20.
Page 75, beginning on line 14, strike ``subparagraph (A)''
and insert ``paragraph (1)''.
Page 75, beginning on line 18, strike ``paragraph'' and
insert ``subsection''.
Page 101, line 8, insert a comma after ``(D)''.
Page 103, line 18, strike ``and'' at the end.
Page 103, line 21, strike period and the closing quotation
marks.
Page 103, after line 21, insert the following:
``(iv) from the amounts made
available for a fiscal year for the
urbanized areas formula grants under
section 5307 of title 49, the amounts
allocated for a fiscal year for the
passenger ferry grant program under
section 5307(h) of such title;
``(v) from the amounts made available
for a fiscal year for the formula
grants for rural areas under section
5311 of such title, the amounts
allocated for a fiscal year for public
transportation on Indian reservations;
``(vi) from the amounts made
available for a fiscal year for the
public transportation innovation
program under section 5312 of such
title--
``(I) the amounts allocated
for the zero emission vehicle
component assessment under
section 5312(h) of such title;
and
``(II) the amounts allocated
for the transit cooperative
research program under section
5312(i) of such title;
``(vii) from the amounts made
available for a fiscal year for the
technical assistance and workforce
development program of section 5314 of
such title, the amounts allocated for
the national transit institute under
section 5314(c) of such title;
``(viii) from the amounts made
available for a fiscal year for the bus
and bus facilities program under
section 5339 of such title, the amounts
allocated for a fiscal year for the
zero emission grants under section
5339(c) of such title;
``(ix) the amounts made available for
growing States under section 5340(c) of
such title; and
``(x) the amounts made available for
high density states under section
5340(d) of such title.'';
(3) in subsection (d) by inserting ``and section 5324
of title 49'' after ``section 125'';
Page 103, line 22, strike ``(3)'' and insert ``(4)''.
Page 104, line 3, strike ``(4)'' and insert ``(5)''.
Page 121, strike lines 3 and 4 and insert the following:
``(i) notification and justification
of the deviation is provided to the
Secretary and the State; and
Page 121, line 13, strike ``approve'' and insert
``consider''.
Page 121, line 14, strike ``project, multiple project, or''.
Page 146, line 3, strike the opening bracket.
Page 146, line 4, strike ``toll'' and insert ``HOV''.
Page 146, line 6, strike ``toll'' and insert ``HOV''.
Page 146, line 7, strike the closing bracket.
Page 162, line 18, strike ``travel'' and insert
``transportation''.
Page 163, line 15, insert a comma after ``features''.
Page 163, line 16, strike the comma after ``agencies''.
Page 184, line 9, strike ``Predisaster''.
Page 184, line 12, strike ``predisaster mitigation program''
and insert ``hazard mitigation pilot program''.
Page 184, strike lines 15 through page 186, line 8 and insert
the following:
``(2) Distribution of funds.--
``(A) Authorization of appropriations.--There
is authorized to be appropriated such sums as
may be necessary for the pilot program
established under this subsection.
``(B) Calculation.--Every 6 months, the
Secretary shall calculate the total amount of
outstanding eligible repair costs under the
emergency relief program under this section,
including the emergency relief backlog, for
each State, territory, Tribal government, or
other eligible entity.
``(C) Distribution.--Any amounts made
available under this subsection shall be
distributed to each State, territory, Tribal
government, or other eligible entity based on--
``(i) the ratio of the total amount
of outstanding eligible repair costs as
described under subparagraph (B); bears
to
``(ii) the total amounts appropriated
for the purposes described in this
subsection.
``(D) Limitation.--The distribution described
under subparagraph (C) shall not exceed 5
percent of the amount described in subparagraph
(B).
``(3) Eligible activities.--Amounts made available
under this subsection shall be used for protective
features or other hazard mitigation activities that--
``(A) the Secretary determines are cost
effective and that reduce the risk of, or
increase the resilience to, future damage to
existing assets as a result of natural
disasters; and
``(B) are eligible under section 124.
Page 186, after line 20, insert the following:
``(5) Sunset.--The authority provided under this
subsection shall terminate on October 1, 2025.
Page 189, strike lines 8 through 11.
Page 206, strike lines 9 through 11.
Page 206, line 12, strike ``(3)'' and insert ``(2)''.
Page 206, line 15, strike ``(4)'' and insert ``(3)''.
Page 206, line 19, strike ``(5)'' and insert ``(4)''.
Page 207, line 1, strike ``(6)'' and insert ``(5)''.
Page 207, line 9, strike ``(7)'' and insert ``(6)''.
Page 207, line 13, strike ``(8)'' and insert ``(7)''.
Page 251, strike lines 3 through 10.
Page 265, line 8, strike ``the funds'' and insert ``any
funds''.
Page 306, line 17, strike ``reducing'' and insert ``reduce''.
Beginning on page 311, strike line 23 and all that follows
through page 312, line 6.
Page 333, beginning on line 9, strike ``an urbanized area, as
designated by the Bureau of the Census, with a population of
not less than 1,000,000'' and insert ``a combined statistical
area, as defined by the Office of Management and Budget, with a
population of not less than 1,300,000''.
Page 363, line 11, strike ``Mpos'' and insert ``mpos''.
Page 363, line 12, strike ``Metropolitan'' and insert
``metropolitan''.
Page 381, strike lines 1 through 3 and insert the following:
(A) by striking ``Performance target
achievement'' in the heading and inserting
``Performance management'';
Page 384, strike lines 6 through 8 and insert the following:
(1) by striking ``Performance target achievement'' in
the heading and inserting ``Performance management'';
Page 385, after line 23, insert the following new
subparagraph (and redesignate subsequent subparagraphs
accordingly):
(C) the Bureau of Transportation Statistics;
Page 399, line 12, strike ``or section,'' and insert a comma.
Page 458, line 2, strike ``modification'' and insert
``modernization''.
Page 467, strike lines 6 through 18 and insert the following:
SEC. 1612. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.
(a) In General.--Any funds made available to a State for the
Appalachian development highway system program under subtitle
IV of title 40, United States Code, before the date of
enactment of this Act may be used, at the request of such State
to the Secretary of Transportation, for the purposes described
in section 133(b) of title 23, United States Code.
(b) Limitation.--The authority in subsection (a) may only be
used by an Appalachian development highway system State if all
of the Appalachian development highway system corridors
authorized by subtitle IV of title 40, United States Code, in
such State, have been fully completed and are open to traffic
prior to the State making a request to the Secretary as
described in subsection (a).
Page 490, line 3, insert a comma after ``natural gas''.
Page 490, line 4, insert a comma after ``battery power''.
Page 492, strike line 20 and all that follows through line 2
on page 493.
Page 493, line 3, strike ``1627'' and insert ``1626''.
Page 493, line 23, strike ``intersection'' and insert
``intersections''.
Page 494, line 7, strike ``1628'' and insert ``1627''.
Page 494, beginning on line 21, strike section 1629 of
division B of the bill and insert such section at the end of
title I of division E of the bill.
Page 496, beginning on line 18, strike section 1630 of
division B of the bill and insert such section at the end of
title I of division E of the bill.
Page 499, line 7, strike ``1631'' and insert ``1628''.
Page 499, after line 22, insert the following:
SEC. 1629. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is
amended by striking ``2016 through 2020'' and inserting ``2022
through 2025''.
Page 499, after line 22, insert the following:
SEC. 1630. THE UNITED STATES OPPOSES CHILD LABOR.
It is the policy of the United States that funds authorized
or made available by this Act, or the amendments made by this
Act, should not be used to purchase products produced whole or
in part through the use of child labor, as such term is defined
in Article 3 of the International Labor Organization Convention
concerning the prohibition and immediate action for the
elimination of the worst forms of child labor (December 2,
2000), or in violation of human rights.
Page 510, line 23, strike the closing quotation marks and the
second period and insert the following:
``(g) Limitation on Financial Assistance for State-Owned
Enterprises.--
``(1) In general.--Funds provided under this section
may not be used in awarding a contract, subcontract,
grant, or loan to an entity that is owned or controlled
by, is a subsidiary of, or is otherwise related legally
or financially to a corporation based in a country
that--
``(A) is identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
the date of enactment of this Act;
``(B) was identified by the United States
Trade Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; and
``(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade
Act of 1974 (19 U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the
term `otherwise related legally or financially' does
not include a minority relationship or investment.
``(3) International agreements.--This subsection
shall be applied in a manner consistent with the
obligations of the United States under international
agreements.''.
Page 519, line 24, strike ``request.'' and insert ``request
and, if a recipient of assistance under this chapter denies
access to a private intercity or charter transportation
operator based on the reasonable access standards, provide, in
writing, the reasons for the denial.''.
Page 530, line 20, strike ``travel'' and insert
``transportation''.
Page 532, strike line 24 and all that follows through page
533, line 3.
Page 533, line 4, strike ``(B)'' and insert ``(A)''.
Page 533, line 7, strike ``(C)'' and insert ``(B)''.
Page 533, line 10, strike ``(D)'' and insert ``(C)''.
Page 533, line 12, strike ``(E)'' and insert ``(D)''.
Page 534, line 3, strike ``(F)'' and insert ``(E)''.
Page 534, beginning on line 17, strike ``World Wide Web'' and
insert ``internet''.
Page 538, beginning on line 20, strike ``and related
requirements under this section and section 135 of title 23''.
Page 541, line 22, strike ``150(c)'' and insert ``150(d)''.
Page 549, strike line 17 and all that follows through line 22
on page 553.
Page 553, line 23, strike ``2112'' and insert ``2111''.
Page 563, line 6, strike ``80'' and insert ``70''.
Page 563, beginning on line 9, strike ``be reduced by 25
percent if the recipient uses a third-party contract for a
mobility on demand service'' and insert ``not exceed 90 percent
for mobility on demand service operated exclusively by
personnel employed by the recipient''.
Page 563, beginning on line 14, strike ``be reduced by 25
percent'' and insert ``not exceed 90 percent''.
Page 563, line 16, insert ``zero'' before ``carbon''.
Page 564, line 1, strike ``substantial'' and insert
``meaningful''.
Page 564, line 22, strike ``and'' and insert ``or''.
Page 566, line 3, strike ``for purposes of'' and insert
``that operates under an exemption from testing requirements
under''.
Page 566, line 13, strike ``paragraph (2)'' and insert
``paragraphs (2) and (3)''.
Page 566, line 19, insert ``unless the Secretary determines
that such a waiver does not affect employment opportunities''
before the semicolon.
Page 570, beginning on line 21, strike ``are being carried
out in compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).'' and insert ``are--''.
Page 570, after line 23, insert the following:
``(1) being carried out in compliance with the
Americans with Disabilities Act of 1990 22(42 U.S.C.
12101 et seq.); or
``(2) projects eligible under section 5310 that
exceed the requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).''.
Page 595, line 24, strike ``5232(j)'' and insert ``5323(j)''.
Page 611, strike lines 10 through 12 and insert the
following:
(6) in paragraph (8) by striking ``3 fiscal years''
and inserting ``4 fiscal years'' and by striking ``3-
fiscal-year period'' and inserting ``4-fiscal-year
period''; and
Page 616, line 21, insert ``and'' at the end.
Page 618, line 1, strike ``(6)'' and insert ``(7)''.
Page 618, line 5, strike ``; and'' at the end and insert a
period.
Page 618, strike lines 6 through 15.
Page 618, line 19, strike ``(8)'' and insert ``(9)''.
Page 630, line 10, strike ``ladder'' and insert ``pathway''.
Page 630, line 12, insert ``registered'' before
``apprenticeships''.
Page 631, line 9, insert ``, skills, competencies, and
recognized postsecondary credentials'' after ``standards''.
Page 631, beginning on line 13, strike ``national systems of
qualification and apprenticeship'' and insert ``recommendations
and best practices for curriculum and recognized postsecondary
credentials, including related instruction and on-the-job
learning for registered apprenticeship programs''.
Page 631, line 20, insert ``, competencies, and recognized
postsecondary credentials'' after ``skills''.
Page 632, line 8, insert ``and competencies'' after
``skills''.
Page 633, beginning on line 4, strike ``partnerships'' and
insert ``programs''.
Page 633, line 13, insert ``, the Bureau of Labor Statistics,
the Employment and Training Administration,'' after
``Administration''.
Page 634, line 12, insert ``the Employment and Training
Administration, including'' before ``the National''.
Page 635, line 7, strike the closing quotation marks and
semicolon and insert the following:
``(iii) Limitation.--Any funds made
available under this section that are
used to fund an apprenticeship or
apprenticeship program shall only be
used for, or provided to, a registered
apprenticeship program, including any
funds awarded for the purposes of
grants, contracts, or cooperative
agreements, or the development,
implementation, or administration, of
an apprenticeship or an apprenticeship
program.
``(E) Definitions.--In this paragraph:
``(i) Career pathway.--The term
`career pathway' has the meaning given
such term in section 3 of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3102).
``(ii) Recognized postsecondary
credential.--The term `recognized
postsecondary credential' has the
meaning given such term in section 3 of
the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(iii) Registered apprenticeship
program.--The term `registered
apprenticeship program' means an
apprenticeship program registered with
the Department of Labor or a Federally-
recognized State Apprenticeship Agency
and that complies with the requirements
under parts 29 and 30 of title 29, Code
of Federal Regulations, as in effect on
January 1, 2019.'';
Page 635, line 24, strike the period and insert a semicolon.
Page 638, line 25, strike ``duplicate, eliminate,'' and
insert ``eliminate''.
Page 639, line 11, insert ``5307, 5310, 5311, 5312, or''
after ``section''.
Page 640, line 7, insert ``conventional'' before ``modes''.
Page 640, line 14, insert ``conventional'' before ``modes''.
Page 641, beginning on line 19, strike ``issuing'' and all
that follows through ``such a vehicle'' and insert ``signing a
contract for such service or procurement. A recipient shall
provide employees copies of a request for a proposal related to
an automated vehicle providing public transportation or
mobility on demand services at the time such request is
issued.''.
Page 643, after line 6, insert the following:
(e) Savings Clause.--Nothing in this section shall prohibit
the use of funds for an eligible activity or pilot project of a
covered recipient authorized under current law prior to the
date of enactment of this Act.
Page 650, strike lines 3 through 5 and insert the following:
``(h) Award Basis.--In awarding grants''.
Page 650, line 8, strike ``(A)'' and insert ``(1)'' and move
lines 8 through 19 2 ems to the left.
Page 650, line 16, strike ``))'' and insert ``)))''.
Page 650, line 20, strike ``(B)'' and insert ``(2)'' and move
lines 20 through 23 2 ems to the left.
Page 677, line 8, strike ``concurred'' and insert
``consulted''.
Page 696, line 11, insert ``and State'' after ``Federal''.
Page 697, line 2, insert ``, in coordination with project
partners,'' after ``project''.
Page 697, line 5, strike ``reduced'' and insert ``changes
to''.
Page 697, strike line 7.
Page 697, line 8, strike ``reduced healthcare expenditures''
and insert ``changes to healthcare expenditures provided by
projects partners''.
Page 697, line 9, strike the period and insert ``; and''.
Page 697, after line 9, insert the following:
``(iii) changes to health care
metrics, including aggregate health
outcomes provided by projects partners.
Page 697, line 18, strike ``integrate'' and insert
``coordinate''.
Page 698, after line 8, insert the following:
``(E) Consultation.--In evaluating the
performance metrics described in subparagraph
(C), the Secretary shall consult with the
Secretary of Health and Human Services.
Page 699, line 11, insert ``, as described in paragraph
(1)(B)(ii),'' after ``partners''.
Page 700, line 4, insert ``and State'' after ``Federal''.
Page 700, line 17, insert ``preventing hospital admissions
and'' before ``reducing''.
Page 700, line 21, insert ``, in consultation with the
Secretary of Health and Human Services'' before the period.
Page 701, after line 9, insert the following:
``(I) Consultation.--In evaluating the health
care metrics described in subparagraph (F), the
Secretary shall consult with the Secretary of
Health and Human Services.
``(J) Annual grantee report.--Each grantee
shall submit a report, in coordination with the
project partners of such grantee, that includes
an evaluation of the outcomes of the grant
awarded to such grantee, including the
performance measures.
Page 701, line 18, insert ``in consultation with the
Secretary of Health and Human Services'' before the period.
Page 747, line 12, strike ``electronic'' and insert
``digital''.
Page 747, line 17, strike ``electronic'' and insert
``digital''.
Page 753, after line 16, insert the following:
SEC. 3014. REPORT ON MARIJUANA RESEARCH.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Attorney General and the Secretary of
Health and Human Services, shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on
the Department of Transportation website, a report and
recommendations on--
(1) increasing and improving access, for scientific
researchers studying impairment while driving under the
influence of marijuana, to samples and strains of
marijuana and products containing marijuana lawfully
being offered to patients or consumers in a State on a
retail basis;
(2) establishing a national clearinghouse to collect
and distribute samples and strains of marijuana for
scientific research that includes marijuana and
products containing marijuana lawfully available to
patients or consumers in a State on a retail basis;
(3) facilitating access, for scientific researchers
located in States that have not legalized marijuana for
medical or recreational use, to samples and strains of
marijuana and products containing marijuana from such
clearinghouse for purposes of research on marijuana-
impaired driving; and
(4) identifying Federal statutory and regulatory
barriers to the conduct of scientific research and the
establishment of a national clearinghouse for purposes
of facilitating research on marijuana-impaired driving.
(b) Definition of Marijuana.--In this section, the term
``marijuana'' has the meaning given such term in section 4008
of the FAST Act (Public Law 114-94).
Page 757, line 20, strike ``both''.
Page 757, line 21, strike ``and'' and insert ``or''.
Page 757, line 24, strike ``and'' and insert ``or''.
Page 758, strike lines 1 through 8 and insert the following:
``(B) in which a State fails to report to the
Administrator of the Federal Motor Carrier
Safety Administration, during the previous
fiscal year, the average number of days of
delays for an initial commercial driver's
license skills test or retest within the
State.''.
Page 819, line 11, insert ``energy efficient'' before
``truck''.
Page 819, line 14, insert ``and does not result in increased
cargo capacity in weight or volume'' after ``vehicle''.
Page 829, line 5, insert ``and use'' after ``construction''.
Page 837, line 10, strike ``6503(e)'' and insert ``6503(c)''.
Page 872, after line 24, insert the following:
SEC. 5110. STRATEGIC TRANSPORTATION RESEARCH AGENDA.
(a) In General.--Subchapter 1 of chapter 55 of title 49,
United States Code, as amended, is further amended by adding at
the end the following:
``SEC. 5509. STRATEGIC TRANSPORTATION RESEARCH AGENDA.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall enter into an
agreement with the National Academies to undertake a study of
the research needs of the surface transportation system to
fully adapt and integrate advanced technologies and innovation.
The focus areas of the study shall include--
``(1) connected and autonomous technologies;
``(2) incorporating safety-related technologies;
``(3) addressing infrastructure resiliency;
``(4) multimodal connectivity;
``(5) data gathering of travel behavior, including
the public's short and long-term responses to
transformational technologies;
``(6) impacts of private-sector transportation
product development on society and the traditional
research enterprise;
``(7) support for a public-sector culture of
transportation innovation and acceleration of federally
funded research into practice, codes, and standards;
and
``(8) fostering development of transportation
educators and transportation professionals.
``(b) Report.--The agreement entered into under this section
shall require the National Academies to submit to Congress a
report containing the results of the study not later than 2
years after the date of enactment of this section.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,500,000 for
fiscal year 2022.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5509. Strategic transportation research agenda.''.
SEC. 5111. ADVANCED TRANSPORTATION RESEARCH AND INNOVATION PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, as amended, is further amended by adding at
the end the following:
``Sec. 5510. Advanced transportation research and innovation program.
``(a) Establishment.--The Secretary of Transportation shall
establish an advanced transportation research and innovation
program, to be administered by the Assistant Secretary of
Research and Technology, to--
``(1) support research that addresses the long-term
barriers to development of advanced transportation
technologies with the potential to meet the Nation's
long-term safety, competitiveness, and transportation
goals;
``(2) support high-risk research and development to
accelerate transformational transportation innovations
and emerging technology development;
``(3) advance research and development that improves
the resilience of regions of the United States to
natural disasters, extreme weather, and the effects of
climate change on modal and multimodal transportation
and infrastructure;
``(4) leverage Federal interagency research
mechanisms and the academic research enterprise;
``(5) educate and train students in science,
technology, engineering, and mathematics fields to
conduct research and standards development relevant to
transportation technologies, materials, systems,
operations, processes, and policies; and
``(6) fostering collaboration among federal
researchers and academic researchers.
``(b) Collaboration.--
``(1) Interagency collaboration.--In carrying out
this section, the Secretary shall collaborate on,
identify, and disseminate within the Department, as
appropriate, advanced transportation research,
development, and other activities of other Federal
agencies, including the Office of Science and
Technology Policy, the National Science Foundation, the
Department of Energy, the National Institute of
Standards and Technology, the Department of Homeland
Security, the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric
Administration, and the Department of Defense to ensure
the Department's research investments are making the
best possible contribution to the Nation's goals of
public health and safety, economic prosperity, national
security, environmental quality, and a diverse
transportation workforce.
``(2) Non-governmental collaboration.--In carrying
out this section, the Secretary shall collaborate with
labor organizations, as appropriate.
``(c) Research Grants.--In carrying out this section, the
Secretary may carry out the activities described under
subsection (a) through--
``(1) competitive, merit-based basic research grants
to individual investigators and teams of investigators;
and
``(2) centers of excellence selected through a
competitive, merit-based process.
``(d) Application.--
``(1) In general.--An investigator, team of
investigators, or an institution of higher education
(or consortium thereof) seeking funding under this
section shall submit an application to the Secretary at
such time, in such manner, and containing such
information as the Secretary may require.
``(2) Research centers.--Each application under
paragraph (1) from an institution of higher education
(or consortium thereof) shall include a description of
how the Center will promote multidisciplinary
transportation research and development collaboration.
``(e) Research.--At a minimum, the Secretary shall award 75
percent of awards under this program to projects for basic
research.
``(f) Review.--Not later than September 30, 2025, the
Secretary shall enter into an agreement with the National
Academies to conduct a review of the research and activities
carried out under this program and assess whether such
activities are consistent with subsection (a). Members of the
review panel shall represent, at a minimum, multimodal surface
transportation researchers and practitioners.
``(g) Report.--Not later than 1 year after the date of
enactment of the INVEST in America Act, and biennially
thereafter, the Secretary shall provide to the Committee on
Commerce, Science, and Transportation and Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Science, Space, and
Technology of the House of Representatives a report on
implementation of the program under this section and research
areas that the program will support.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2022 through 2025.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5510. Advanced transportation research and innovation program.''.
Page 904, line 14, strike ``ladder'' and insert ``pathway''.
Page 915, after line 21, insert the following:
SEC. 5310. MULTIMODAL TRANSPORTATION DEMONSTRATION PROGRAM.
(a) In General.--Subchapter 1 of chapter 55 of title 49,
United States Code is amended by adding at the end the
following:
``SEC. 5511. MULTIMODAL TRANSPORTATION DEMONSTRATION PROGRAM.
``(a) Establishment.--The Secretary of Transportation may
establish a pilot program for the demonstration of advanced
transportation technologies for surface transportation modes in
small- and mid-sized communities by providing grants to
entities to achieve the purposes of the national transportation
research and development program described in section 6503.
``(b) Eligible Activities.--Activities eligible for funding
under this section include data interoperability, mobility-on-
demand, and micro-mobility projects to demonstrate first-mile
transportation, last-mile transportation, and any other
activity as determined appropriate by the Secretary.
``(c) Joint Interagency Funding.--If determined appropriate
by the Secretary, joint interagency funding for projects is
authorized to support multimodal projects.
``(d) Eligibility.--Entities eligible to receive grants under
this program include local transportation organizations and
transit agencies serving a population of not more than 200,000
individuals, including communities of economic hardship and
communities that experience transportation equity and
accessibility issues.
``(e) Application.--
``(1) In general.--An entity seeking funding under
this section shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Collaboration.--Each application submitted
under this section shall describe how the applying
entity will collaborate, as appropriate, with
institutions of higher education, State and local
governments, regional transportation organizations,
nonprofit organizations, labor organizations, and
private sector entities.
``(f) Authorization.--There is authorized to be appropriated
to carry out activities under this section $30,000,000 for each
of fiscal years 2022 through 2025.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5511. Multimodal transportation demonstration program.''.
SEC. 5311. AUTOMATED COMMERCIAL VEHICLE REPORTING.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
establish a repository for motor carriers, shippers, technology
companies, and other entities to submit information to the
Secretary on testing, demonstrations, or commercial operations
of an automated commercial motor vehicle on public roads.
(b) Information Required.--
(1) Submissions.--Prior to the performance of any
tests, demonstrations, or commercial operations of
automated commercial motor vehicles on public roads,
the Secretary shall require an entity performing such
tests, demonstrations, or commercial operations to
provide the following information:
(A) The name of the entity responsible for
the operation of the automated commercial motor
vehicles to be used in the test, demonstration,
or commercial operation.
(B) The make and model of such vehicle or
vehicles.
(C) The level of automation of such vehicle
or vehicles, according to the standards
described in subsection (e)(1).
(D) The expected weight of such vehicle
during the test, demonstration, or operation.
(E) The Department of Transportation number
or operating authority assigned to the entity
described in subparagraph (A), if applicable.
(F) The location of the testing,
demonstration, or commercial operation,
including the anticipated route of such
vehicle, planned stops, and total anticipated
miles traveled.
(G) Any cargo or passengers to be transported
in such vehicle or vehicles, including whether
the entity is transporting such cargo or
passengers under contract with another entity.
(H) Documentation of training or
certifications provided to any drivers,
monitors, or others involved in the operation
or control of the vehicle.
(I) Any fatigue management plans or work hour
limitations applicable to drivers or monitors.
(J) Notices provided to local law
enforcement, State departments of
transportation, and related entities, if
applicable.
(K) Proof of insurance coverage.
(2) Updates.--If an entity responsible for the
operation of an automated commercial motor vehicle
submits incomplete or inaccurate information pursuant
to subsection (d), the entity shall be given an
opportunity to amend or correct the submission within a
reasonable timeframe.
(3) Notification.--Upon submission of the information
under paragraph (1), the Secretary shall provide
written notification acknowledging receipt of the
information and acknowledging that the submitting
entity will perform tests, demonstrations, or
commercial operations on public roads, as applicable.
(c) Public Availability of Information.--
(1) In general.--The Secretary shall make available
information on the prevalence of, characteristics of,
and geographic location of testing, demonstration, and
commercial operations of automated commercial motor
vehicles on a publicly accessible website of the
Department of Transportation.
(2) Protection of information.--Any data collected
under subsection (b) and made publicly available
pursuant to this subsection shall be made available in
a manner that--
(A) precludes the connection of the data to
any individual motor carrier, shipper, company,
or other entity submitting data; and
(B) protects the privacy and confidentiality
of individuals, operators, and entities
submitting the data.
(d) Crash Data.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall require
entities to submit information regarding safety
incidents which occur during the testing,
demonstration, or commercial operation of an automated
commercial motor vehicle on public roads, including--
(A) injuries and fatalities involving the
automated commercial motor vehicle;
(B) collisions or damage to persons or
property as a result of an automated commercial
motor vehicle test, demonstration, or
commercial operation;
(C) any malfunction or issue with a safety
critical element of an automated commercial
motor vehicle which compromises the safety of
the automated commercial motor vehicle or other
road users; and
(D) the mode of transportation used by any
road users involved in a safety critical
incident, including general road users as
defined under section 5304 of this Act.
(2) Data availability.--The Secretary shall ensure
that any entity described under this section that has a
Department of Transportation number or operating
authority from the Federal Motor Carrier Safety
Administration--
(A) shall be subject to safety monitoring and
oversight under the Compliance, Safety, and
Accountability program of the Federal Motor
Carrier Safety Administration; and
(B) shall be included when the Secretary
restores the public availability of relevant
safety data under such program under section
4202(b) of this Act.
(e) Definitions.--In this section:
(1) Automated commercial motor vehicle.--The term
``automated commercial motor vehicle'' means a
commercial motor vehicle as such term is defined in
section 31101 of title 49, United States Code, that is
designed to be operated exclusively by a Level 3, Level
4, or Level 5 automated driving system for all trips
according to the recommended practice standards
published on June 15, 2018, by the Society of
Automotive Engineers International (J3016_201806) or
equivalent standards adopted by the Secretary with
respect to automated motor vehicles, while operating on
public roads.
(2) Safety critical element.--The term ``safety
critical element'' means both the hardware and software
designed to prevent, limit, control, mitigate, or
respond to a change in the vehicle's environment
thereby allowing the vehicle to prevent, avoid, or
minimize a potential collision or other safety incident
on an automated commercial motor vehicle.
Page 919, line 3, strike ``$17,5000,000'' and insert
``$17,500,000''.
Page 926, line 18, strike ``(g)'' and insert ``(h)''.
Page 933, line 11, strike ``subtitle III'' and insert
``subchapter I''.
Beginning on page 933, strike line 14 and all that follows
through page 934, line 19.
Page 934, after line 19, insert the following:
SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.
Section 6305 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``The Director''
and all that follows to the period and inserting
``Notwithstanding section 418 of the FAA
Reauthorization Act of 2018 (Public Law 115-254), not
later than 6 months after the date of enactment of the
INVEST in America Act, the Director shall establish and
consult with an advisory council on transportation
statistics.''; and
(2) by striking subsection (d)(3).
Page 960, strike line 10 and all that follows through page
961, line 6 and insert the following:
(g) Rulemakings.--
(1) In general.--Any regulation authorizing the
transportation of liquefied natural gas by rail tank
car issued before the date of enactment of this Act
shall be stayed until the Secretary conducts the
evaluation, testing, and analysis required in
subsections (a), (b), and (c), issues the report
required by subsection (d), and the Comptroller General
completes the evaluation and report required under
subsection (f).
(2) Permit or approval.--The Secretary of
Transportation shall rescind any special permit or
approval for the transportation of liquefied natural
gas by rail tank car issued before the date of
enactment of this Act.
Page 969, after line 25, insert the following:
(o) Limitation on Financial Assistance for State-Owned
Enterprises.--
(1) In general.--Funds provided under this section
and the amendments made by this section may not be used
in awarding a contract, subcontract, grant, or loan to
an entity that is owned or controlled by, is a
subsidiary of, or is otherwise related legally or
financially to a corporation based in a country that--
(A) is identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
the date of enactment of this Act;
(B) was identified by the United States Trade
Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade
Act of 1974 (19 U.S.C. 2416).
(2) Exception.--For purposes of paragraph (1), the
term ``otherwise related legally or financially'' does
not include a minority relationship or investment.
(3) International agreements.--This subsection shall
be applied in a manner consistent with the obligations
of the United States under international agreements.
Page 978, line 16, strike ``related'' and insert
``relating''.
Page 980, strike lines 3 and 4 and insert the following:
(3) in subsection (e)--
(A) by striking paragraph (1) and inserting
the following:
Page 980, line 24, insert ``and'' after the semicolon.
Page 980, after line 24, insert the following:
(B) in paragraph (3) by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)(A)'';
Page 981, line 4, strike ``subsections (k), (l), (m), and
(n)'' and insert ``subsections (l), (m), (n), and (o)''.
Page 983, line 17, insert closing quotation marks and a
period at the end.
Page 995, strike line 24 and all that follows through page
996, line 8, and insert the following:
(b) Timing of New Board Requirements.--
(1) In general.--The appointment and membership
requirements under section 24302 of title 49, United
States Code (as amended by this Act), shall apply to
any member of the Board appointed pursuant to
subsection (a)(1)(C) of such section who is appointed
on or after the date of enactment of this Act.
(2) Reappointment.--Any member described under
paragraph (1) who is serving on such Board as of the
date of enactment of this Act may be reappointed on or
after such date of enactment, subject to the advice and
consent of the Senate, if such member meets the
requirements of such section.
(3) Termination of term.--The term of any member
described under paragraph (1) who is serving on such
Board as of the date of enactment of this Act who is
not reappointed under paragraph (2) before the date
that is 60 days after the date of enactment of this
Act, shall cease on such date.
Page 1017, line 6, strike ``related'' and insert
``relating''.
Page 1028, line 13, insert ``the first place it appears''
before the semicolon.
Page 1029, line 6, strike ``24324'' and insert ``24325''.
Page 1030, line 3, insert closing quotation marks and a
period after ``necessary''.
Page 1030, in the material proposed to be inserted in the
analysis for chapter 243 of title 49, United States Code, after
line 6, strike ``24324'' and insert ``24325''.
Page 1031, line 7, strike ``24325'' and insert ``24326''.
Page 1032, in the material proposed to be inserted in the
analysis for chapter 243 of title 49, United States Code, after
line 6, strike ``24325'' and insert ``24326''.
Page 1039, line 1, strike ``subsections (d) and (e)'' and
insert ``subsection (d)''.
Page 1039, line 16, strike ``(1) Contents.--'' and run the
text onto line 15.
Page 1040, line 1, strike ``(A)'' and insert ``(1)'' and move
the text 2 ems to the left.
Page 1040, line 4, strike ``(B)'' and insert ``(2)'' and move
the text 2 ems to the left.
Page 1040, line 5, strike ``(i)'' and insert ``(A)'' and move
the text 2 ems to the left.
Page 1040, line 7, strike ``(ii)'' and insert ``(B)'' and
move the text 2 ems to the left.
Page 1040, line 8, strike ``(iii)'' and insert ``(C)'' and
move the text 2 ems to the left.
Page 1040, line 12, strike ``(iv)'' and insert ``(D)'' and
move the text 2 ems to the left.
Page 1042, line 24, strike ``State'' and insert ``States''.
Page 1068, line 23, strike ``DB-60 air brake control valve''
and insert ``air brake control valve (defined in this section
as an air brake control valve that was subject to the circular
letter issued by the Association of American Railroads issued
on October 25, 2013 (C-12027))''.
Page 1072, line 8, strike ``subparagraph'' and insert
``paragraph''.
Page 1103, after line 5, insert the following:
SEC. 10105. MINORITY AND DISADVANTAGED BUSINESS SIZE STANDARDS.
Section 47113(a)(1) of title 49, United States Code, is
amended to read as follows:
``(1) `small business concern' has the meaning given
the term in section 3 of the Small Business Act (15
U.S.C. 632);''.
Page 1116, line 24, strike ``less'' and insert ``more''.
Page 1188, after line 18, insert the following:
``(7) Requirements.--For fiscal year 2020 and each
fiscal year thereafter, the requirements of subchapter
IV of chapter 31 of title 40, United States Code, shall
apply to the construction of projects carried out in
whole or in part with assistance made available by an
entity loan fund authorized by this section.
Page 1203, strike lines 12 through 25 and insert the
following:
``(B) Requirement.--The Secretary shall
require recipients of assistance under this
subsection (d) to comply with section 113(a) of
title 23 with respect to all construction,
alteration, installation, or repair work, in
the same manner that recipients of assistance
under chapter 1 of such title are required to
comply with such section for construction work
performed on highway projects on Federal-aid
highways. With regard to the construction,
alteration, or repair of vessels, the same
requirements of such section shall apply
regardless of whether the location of contract
performance is known when bids for such work
are solicited.
Page 1204, line 20, strike ``80'' and insert ``70''.
Page 1206, strike line 7 and all that follows through page
1207, line 2.
Page 1207, line 3, strike ``(8)'' and insert ``(7)''.
Page 1208, strike lines 11 through 15.
Page 1208, line 16, strike ``(v)'' and insert ``(iv)''.
Page 1208, line 18, insert ``Department of Labor approved
or'' before ``State-approved''.
Page 1208, line 20, strike ``(9)'' and insert ``(8)''.
Page 1209, line 22, strike ``(10)'' and insert ``(9)''.
Page 1211, line 11, strike ``(11)'' and insert ``(10)''.
Page 1212, line 19, strike ``(12)'' and insert ``(11)''.
Page 1217, strike lines 11 through 20 and insert the
following:
``(L) Apprenticeship program.--The term
`apprenticeship program' means an
apprenticeship program registered under the Act
of August 16, 1937 (commonly known as the
`National Apprenticeship Act'; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.), including
any requirement, standard, or rule promulgated
under such Act, as such requirement, standard,
or rule was in effect on December 30, 2019.
Page 1217, line 21, strike ``(N)'' and insert ``(M)''.
Page 1218, line 1, strike ``(O)'' and insert ``(N)''.
Page 1218, line 6, strike ``(P)'' and insert ``(O)''.
Page 1229, strike line 20 and all that follows through page
1230, line 3, and insert the following (and redesignate
succeeding subparagraphs accordingly):
(B) The Telecommunications Infrastructure
Loans and Loan Guarantees, the Rural Broadband
Access Loans and Loan Guarantees, the
Substantially Underserved Trust Areas
Provisions, the Community Connect Grant
Program, and the Distance Learning and
Telemedicine Grant Program of the Rural
Utilities Service of the Department of
Agriculture.
Page 1305, line 22, strike ``Not'' and insert
``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''.
Page 1305, line 25, insert ``, to the maximum extent
practicable,'' before ``between''.
Page 1329, strike line 8 and all that follows through page
1331, line 10, and insert the following:
``(4) Funds priority preference.--There shall be a
preference in a system of competitive bidding for
projects that would expand access to broadband service
in areas where at least 90 percent of the population
has no access to broadband service or does not have
access to broadband service offered with a download
speed of at least 25 megabits per second, with an
upload speed of at least 3 megabits per second, and
with latency that is sufficiently low to allow real-
time, interactive applications. Such projects shall be
given priority in such system of competitive bidding
over all other projects, regardless of how many
preferences under paragraph (5) for which such other
projects qualify.
``(5) Funds preference.--There shall be a preference
in a system of competitive bidding, as determined by
the entity administering the system of competitive
bidding (either a State or the Commission), for any of
the following projects:
``(A) Projects with at least 20 percent
matching funds from non-Federal sources.
``(B) Projects that would expand access to
broadband service on Tribal lands, as defined
by the Commission.
``(C) Projects that would provide broadband
service with higher speeds than those specified
in subsection (d)(2), except in the case of
funds awarded under subparagraph (A) of
paragraph (3).
``(D) Projects that would expand access to
broadband service in advance of the time
specified in subsection (e)(5), except in the
case of funds awarded under subparagraph (A) of
paragraph (3).
``(E) Projects that would expand access to
broadband service to persistent poverty
counties or high-poverty areas at subsidized
rates.
``(F) Projects that, at least until the date
that is 10 years after the date of the
enactment of this section, would provide
broadband service with comparable speeds to
those provided in areas that, on the day before
such date of enactment, were not unserved
areas, areas with low-tier service, or areas
with mid-tier service, with minimal future
investment.
``(G) Projects that would provide broadband
service consistent with consumer preferences
based on data and analysis conducted by the
Commission.
``(H) Projects that would provide for the
deployment of open-access broadband service
networks.
Page 1411, after line 9, insert the following:
``(9) Contracting requirements.--All laborers and
mechanics employed by contractors or subcontractors in
the performance of construction, alteration, or repair
work carried out, in whole or in part, with a grant
under this section shall be paid wages at rates not
less than those prevailing on projects of a similar
character in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With
respect to the labor standards in this paragraph, the
Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145
of title 40, United States Code.
Page 1446, beginning on line 14, strike ``drunk driving
detection prevention technology'' and insert ``advanced drunk
driving prevention technology''.
Page 1447, line 21, insert ``advanced'' before ``drunk''.
Page 1448, line 4, strike ``(d)'' and insert ``(c)''.
Page 1448, line 10, insert ``equal to and'' after ``level''.
Page 1544, beginning on line 13, strike ``new subsections''.
Page 1544, strike lines 15 through 19.
Page 1544, line 20, strike ``(g)'' and insert ``(f)''.
Page 1551, strike lines 7 through 15.
Page 1551, line 16, strike ``(3)'' and insert ``(2)''.
Page 1618, line 24, strike ``(d)'' and insert ``(e)''.
Page 1619, line 1, strike ``ready'' and insert ``read''.
Page 1619, line 3, strike ``(d)'' and insert ``(f)''.
Page 1677, line 26, strike ```; and''' and insert ```; or'''.
Page 1682, line 10, strike ``(1) in general.--''.
Page 1682, strike lines 17 through 22.
Page 1682, line 23, strike ``(3)'' and insert ``(2)''.
Page 1684, line 15, strike the closing quotation marks and
the second period.
Page 1684, after line 15, insert the following:
``(4) Applicability of davis-bacon act.--
``(A) In general.--The Secretary shall
require that each entity applying for a grant
for any capital project pursuant to paragraph
(1), funded in whole or in part with funds made
available under this subsection, shall include
in such application written assurance that all
laborers and mechanics employed by contractors
or subcontractors in the performance of
construction, alternation or repair, as part of
such project, shall be paid wages at rates not
less than those prevailing on similar work in
the locality as determined by the Secretary of
Labor in accordance with subchapter IV of
chapter 31 of part A of subtitle II of title
40, United States Code (commonly referred to
(and referred to in this section) as the
`Davis-Bacon Act').
``(B) Authority to enforce.--With respect to
the labor standards specified in the Davis-
Bacon Act, the Secretary of Labor shall have
the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15
Fed. Reg. 3176; 5 U.S.C. Appendix) and section
2 of the Act of June 13, 1934 (40 U.S.C.
276c).''.
Page 1686, after line 14, insert the following:
(c) Applicability of Davis-Bacon Act.--
(1) In general.--The Secretary shall require that
each State or political subdivision of a State applying
for a grant, with respect to a project for the
improvement, renovation, or modernization of
infrastructure at clinical laboratories under this
section, funded in whole or in part with funds made
available under this section, shall include in such
application written assurance that all laborers and
mechanics employed by contractors or subcontractors in
the performance of construction, alternation, or
repair, as part of such project, shall be paid wages at
rates not less than those prevailing on similar work in
the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of part A
of subtitle II of title 40, United States Code
(commonly referred to (and referred to in this section)
as the ``Davis-Bacon Act'').
(2) Authority to enforce.--With respect to the labor
standards specified in the Davis-Bacon Act, the
Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) and
section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).
Page 1686, line 15, strike ``(c)'' and insert ``(d)''.
Page 1687, after line 18, insert the following:
``(c) Tribal Consultation.--The Secretary shall engage in
consultation with Indian Tribes and Tribal organizations to
receive guidance and recommendations from Tribal officials
before initiating any construction projects under this section
on federally-operated facilities of the Service.''.
Page 1687, line 19, strike ``(b)'' and insert ``(d)''.
Page 1688, line 12, strike ``request,'' and all that follows
through ``based on the request.'' on line 15 and insert
``request.''.
Page 1691, after line 5, insert the following:
(c) Applicability of Davis-Bacon Act.--
(1) In general.--The Secretary shall require that
each qualified teaching health center or behavioral
health care center applying for a grant, with respect
to a project for the improvement, renovation, or
modernization of infrastructure at a qualified teaching
health center or behavior health care center under this
section, funded in whole or in part with funds made
available under this section, shall include in such
application written assurance that all laborers and
mechanics employed by contractors or subcontractors in
the performance of construction, alternation, or
repair, as part of such project, shall be paid wages at
rates not less than those prevailing on similar work in
the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of part A
of subtitle II of title 40, United States Code
(commonly referred to (and referred to in this section)
as the ``Davis-Bacon Act'').
(2) Authority to enforce.--With respect to the labor
standards specified in the Davis-Bacon Act, the
Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) and
section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).
Page 1691, line 6, strike ``(b)'' and insert ``(d)''.
Page 1691, after line 20, insert the following:
SEC. 40002. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--There is authorized to be appropriated for
the Department of Veterans Affairs $3,396,000,000 to carry out
subsection (b). Amounts appropriated pursuant to this section
shall remain available for obligation or expenditure without
fiscal year limitation.
(b) Use of Amounts.--The amount authorized to be appropriated
under subsection (a) shall be used by the Secretary of Veterans
Affairs as follows:
(1) $750,000,000 for minor construction.
(2) $750,000,000 for non-recurring maintenance.
(3) $1,350,000,000 for major construction projects
that are partially funded for fiscal year 2021.
(4) $546,000,000 for grants under subchapter III of
chapter 81 of title 38, United States Code.
(c) Contracting Goals.--The contracting goals under section
15(g)(1) and (2) of the Small Business Act (15 U.S.C. 644)
shall apply to a contract entered into using amounts authorized
to be appropriated under this section and used pursuant to
subsection (b)(1) and (2).
Page 1692, line 11, strike ``and other goods'' and insert
``trailers, and other goods''.
Page 1701, after line 11, add the following:
(d) Standards.--
(1) In general.--All laborers and mechanics employed
by contractors or subcontractors in the performance of
construction, alteration or repair work carried out, in
whole or in part, with assistance made available
through this section shall be paid wages at rates not
less than those prevailing on projects of a similar
character in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With
respect to the labor standards in this paragraph, the
Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145
of title 40, United States Code.
(2) Exception based on number of units.--Paragraph
(1) shall not apply to single-family homes or
residential properties of less than 5 units.
(3) Exception for certain individuals.--Paragraph (1)
shall not apply to any individual that--
(A) performs services for which the
individual volunteered;
(B) does not receive compensation for such
services or is paid expenses, reasonable
benefits, or a nominal fee for such services;
and
(C) is not otherwise employed at any time in
the construction work.
Page 1702, after line 6, insert the following:
(c) Applicability of Davis-Bacon Act.--
(1) In general.--All laborers and mechanics employed
by contractors and subcontractors in the performance of
construction work financed in whole or in part with
amounts made available pursuant to this section shall
be paid wages at rates not less than those prevailing
on similar construction in the locality as determined
by the Secretary of Labor in accordance with the Davis-
Bacon Act, as amended (40 U.S.C. 276a-276a-5). The
preceding sentence shall apply to the rehabilitation of
residential property only if such property contains not
less than 12 units. The Secretary of Labor shall have,
with respect to such labor standards, the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of
the Act of June 13, 1934, as amended (48 Stat. 948; 40
U.S.C. 276(c)).
(2) Exception.--Paragraph (1) shall not apply to any
individual that--
(A) performs services for which the
individual volunteered;
(B) does not receive compensation for such
services or is paid expenses, reasonable
benefits, or a nominal fee for such services;
and
(C) is not otherwise employed at any time in
the construction work.
Page 1706, after line 9, insert the following:
(c) Applicability of Davis-Bacon Act.--
(1) In general.--All laborers and mechanics employed
by contractors and subcontractors in the performance of
construction work financed in whole or in part with
amounts made available pursuant to this section shall
be paid wages at rates not less than those prevailing
on similar construction in the locality as determined
by the Secretary of Labor in accordance with the Davis-
Bacon Act, as amended (40 U.S.C. 276a-276a-5). The
preceding sentence shall apply to the rehabilitation of
residential property only if such property contains not
less than 12 units. The Secretary of Labor shall have,
with respect to such labor standards, the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of
the Act of June 13, 1934, as amended (48 Stat. 948; 40
U.S.C. 276(c)).
(2) Exception.--Paragraph (1) shall not apply to any
individual that--
(A) performs services for which the
individual volunteered;
(B) does not receive compensation for such
services or is paid expenses, reasonable
benefits, or a nominal fee for such services;
and
(C) is not otherwise employed at any time in
the construction work.
Page 1742, beginning on line 15, strike ``the International
Green Construction Code'' and insert ``a nationally-recognized,
consensus-based standard''.
Page 1768, strike ``Sec. 81201. Findings.'' and insert ``Sec.
81201. Short title.''.
Page 1775, strike line 16 through page 1780, line 15 and
insert the following:
SEC. 81201. SHORT TITLE.
This subtitle may be cited as the ``Furthering Underutilized
Technologies and Unleashing Responsible Expenditures for
Western Water Infrastructure and Drought Resiliency Act'' or
the ``FUTURE Western Water Infrastructure and Drought
Resiliency Act''.
Page 1842, after line 10, insert the following:
``(iii) Designated desalination
project.--The term `designated
desalination project' means an eligible
desalination project that--
``(I) is an ocean
desalination project that uses
a subsurface intake;
``(II) has a total estimated
cost of $80,000,000 or less;
and
``(III) is designed to serve
a community or group of
communities that collectively
import more than 75 percent of
their water supplies.
Page 1842, line 21, insert ``or a designated desalination
project'' after ``project''.
Page 1842, line 25, insert ``and designated desalination
projects'' after ``projects''.
Page 1843, line 25, insert ``or a designated desalination
project'' after ``rural desalination project''.
Page 1851, line 19, strike ``communities--'' and insert
``communities address a significant decline in the quantity or
quality of drinking water.''.
Page 1851, strike lines 20 through 24.
Page 1852, strike lines 15 through 16, (and redesignate
subsequent paragraphs accordingly).
Page 1853, strike lines 12 through 16, and insert the
following:
(1) where the decline in the quantity or quality of
water poses the greatest threat to public health and
safety;
Page 1854, lines 15 through 18, strike ``grants provided
under'' through ``disadvantaged communities.'' and insert
``activities carried out under this section to help
disadvantaged communities address a significant decline in the
quantity or quality of drinking water.''.
Beginning on page 1888, strike line 20 and all that follows
through page 1900, line 14, and update the table of contents
accordingly.
Page 1920, line 23, strike ``title'' and insert ``chapter''.
Beginning on page 1965, strike line 20 and all that follows
through though page 1966, line 4, and update the table of
contents accordingly.
Page 1971, strike lines 21 through 23.
Page 1972, line 1, strike ``(2)'' and insert ``(1)''.
Page 1972, line 4, strike ``(3)'' and insert ``(2)''.
Page 1972, line 6, strike ``(4)'' and insert ``(3)''.
Page 1972, strike lines 15 through 19.
Page 1972, line 20, strike ``(d)'' and insert ``(c)''.
Page 1972, line 24, strike ``(e)'' and insert ``(d)''.
Page 1972, line 23, strike the period at the end and insert
``and share the national strategy with the Committee on Natural
Resources, Committee on Agriculture, and Committee on
Appropriations of the House of Representatives, and the
Committee on Appropriations, Committee on Agriculture,
Nutrition, and Forestry, and the Committee on Energy and
Natural Resources of the Senate.''.
Page 1973, line 2, strike ``2025'' and insert ``2023''.
Page 1973, after line 2, insert the following:
Subtitle E--Long Bridge
SEC. 82501. AUTHORIZATION OF NATIONAL PARK SERVICE CONVEYANCES.
(a) On request of the State of Virginia or the District of
Columbia, as applicable, the Secretary of the Interior (acting
through the Director of the National Park Service) (referred to
in this section as the ``Secretary'') may, subject to any terms
and conditions that the Secretary determines to be necessary,
convey to the State of Virginia or the District of Columbia, as
applicable, any Federal land or interest in Federal land under
the jurisdiction of the Secretary that is identified by the
State of Virginia or the District of Columbia, as applicable,
as necessary for the Long Bridge Project, which is a project
consisting of improvements to the Long Bridge and related
railroad infrastructure between Rossyln (RO) Interlocking in
Arlington, Virginia, and L'Enfant (LE) Interlocking near 10th
Street SW in Washington, DC, the purpose of which is to expand
commuter and regional passenger rail service and provide
bicycle and pedestrian access crossings over the Potomac River.
(b) If any portion of the Federal land or interest in Federal
land conveyed under subsection (a) is no longer being used for
railroad purposes or recreational use, the portion of the
Federal land or interest in the portion of the land shall
revert to the Secretary, on a determination by the Secretary
that the portion of the Federal land has been remediated and
restored to a condition determined to be satisfactory by the
Secretary.
(c) The Secretary may permit the temporary use of any Federal
land under the jurisdiction of the Secretary that is identified
by the State of Virginia or the District of Columbia, as
applicable, as necessary for the construction of the project
described in subsection (a), subject to any terms and
conditions determined to be necessary by the Secretary.
(d) Notwithstanding any other provision of law, the Secretary
may recover from the State of Virginia or the District of
Columbia, as applicable, all costs incurred by the Secretary in
providing or procuring necessary services associated with a
conveyance under subsection (a) or use authorized under
subsection (c), with such amounts to remain available to the
Secretary until expended, without further appropriation.
Page 1974, line 17, after ``reefs;'' insert ``or''.
Page 1974, line 24, strike ``; or'' and all that follows
through page 1975, line 4, and insert a period.
Page 1975, line 20, strike ``and'' and insert ``or''.
Page 1976, strike lines 1 through 15.
Page 1976, line 16, strike ``(g)'' and insert ``(f)''.
Page 1976, line 20, strike ``(h)'' and insert ``(g)''.
Page 1977, beginning on line 2, strike ``, the non-Federal
interest for the water resources development project''.
Page 1993, strike lines 3 through 5 and insert:
(A) a fish, wildlife, or plant species that
is or was historically present in a particular
ecosystem as a result of natural migratory or
evolutionary processes, including subspecies
and plant varieties; or
Page 1993, strike lines 6 through 11.
Page 1993, line 12, strike ``(C)'' and insert ``(B)''.
Page 1994, line 5, after ``Agriculture'' insert ``, acting
through the Chief of the Forest Service, concerning land
contained within the National Forest System''.
Page 2011, strike line 12 through page 2012, line 20 and run
the text onto line 11 of page 2011.
Page 2035, line 15, strike ``The Secretary of'' and insert
the following:
``(1) In general.--The Secretary of
Page 2035, after line 21, insert the following:
``(2) Assistance.--The Secretary of Energy shall work
with the States, through the Interstate Oil and Gas
Compact Commission, to assist the States in quantifying
and mitigating environmental risks of onshore orphaned
or abandoned oil or gas wells on State and private
land.
``(3) Activities.--The program under paragraph (1)
shall include--
``(A) mechanisms to facilitate
identification, if feasible, of the persons
currently providing a bond or other form of
financial assurance required under State or
Federal law for an oil or gas well that is
orphaned or abandoned;
``(B) criteria for ranking orphaned or
abandoned well sites based on factors such as
public health and safety, potential
environmental harm, and other land use
priorities;
``(C) information and training programs on
best practices for remediation of different
types of sites; and
``(D) funding of State mitigation efforts on
a cost-shared basis.''.
Page 2047, line 21, after ``project'' insert ``at minimum 30
days prior to submission to Office of Surface Mining
Reclamation and Enforcement''.
Page 2047, line 22, strike ``comment at'' and insert
``request''.
Page 2048, line 2, strike ``of such meetings'' and insert
``of the proposed project 30 days prior to submission to Office
of Surface Mining Reclamation and Enforcement and published
notice of requested public meetings''.
Page 2056, strike line 17 through page 2057, line 7 and
insert: ``A State or Indian tribe may use up to 10 percent of
its annual distribution under this section for the costs of
administering this section consistent with existing practice
under sections 401(c)(7) and 402(g)(1)(C) of the Surface Mining
Control and Reclamation Act of 1977 and the Office of Surface
Mining Reclamation and Enforcement Federal Assistance
Manual.''.
Page 2057, after line 13, insert the following:
``(h) Regulations and Guidelines.--To the extent necessary to
implement the provisions of this Act, the Secretary shall
propose rules and/or develop guidelines not later than 90 days
following enactment of the Act and shall publish them as final
rules and/or guidelines not later than 90 days thereafter.
Within 60 days following the adoption of any such final rules
and/or guidelines, the Secretary shall distribute the funds
under subsection (d). Furthermore, project proposals under this
Act shall be initially reviewed, vetted and approved by OSMRE
Field Offices within 45 days of receipt and authorizations to
proceed shall be issued by the Field Office within 45 days of
request by the State or Tribe.
Page 2057, line 14, strike ``(h)'' and insert ``(i)''.
Page 2058, line 7, strike ``(i)'' and insert ``(j)''.
Page 2107, after line 25, insert the following:
TITLE V--LABOR STANDARDS
SEC. 84701. LABOR STANDARDS.
Except as otherwise provided in this Act or the amendments
made by this Act, and in a manner consistent with this Act or
the amendments made by this Act, all laborers and mechanics
employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by or through the
Federal Government pursuant to any provision of this division
(or an amendment made by such a provision) shall be paid wages
at rates not less than those prevailing on projects of a
character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40, United States Code, and with respect to the
labor standards specified in this section the Secretary of
Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States Code.
Page 2116, after line 6, insert the following:
``(D) Application of davis-bacon act
requirements with respect to qualified
infrastructure bonds.--Subchapter IV of chapter
31 of the title 40, United States Code, shall
apply to projects financed with the proceeds of
qualified infrastructure bonds.''.
Page 2116, strike lines 10 through page 2117, line 2, and
insert the following:
(b) Payments Made Under Section 6431A of the Internal Revenue
Code of 1986.--Section 255(g)(1)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A))
is amended by inserting: ``Payments made under section 6431A of
the Internal Revenue Code of 1986'' after the item related to
Payment to Radiation Exposure Compensation Trust Fund.
Page 2124, line 19, strike ``$135'' and insert ``$115''.
Page 2124, line 22, strike ``$402,220,000'' and insert
``$353,775,000''.
Page 2133, strike lines 1 through 12, and insert the
following:
SEC. 90108. CERTAIN WATER AND SEWAGE FACILITY BONDS EXEMPT FROM VOLUME
CAP ON PRIVATE ACTIVITY BONDS.
(a) In General.--Section 146(g) is amended by striking
``and'' at the end of paragraph (3), striking the period at the
end of paragraph (4) and inserting ``, and'', and inserting
after paragraph (4) the following new paragraph:
``(5) any exempt facility bond issued as part of an
issue described in paragraph (4) or (5) of section
142(a) if 95 percent or more of the net proceeds of
such issue are to be used to provide facilities which--
``(A) will be used--
``(i) by a person who was, as of July
1, 2020, engaged in operation of a
facility described in such paragraph,
and
``(ii) to provide service within the
area served by such person on such date
(or within a county or city any portion
of which is within such area), or
``(B) will be used by a successor in interest
to such person for the same use and within the
same service area as described in subparagraph
(A).''.
(b) Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of the
enactment of this Act.
Page 2133, strike lines 18 through page 2134, line 2.
Page 2134, line 3, strike ``(c)'' and insert ``(b)''.
Page 2134, after line 5, insert the following:
SEC. 90110. APPLICATION OF DAVIS-BACON ACT REQUIREMENTS WITH RESPECT TO
CERTAIN EXEMPT FACILITY BONDS.
(a) In General.--Section 142(b) is amended by adding at the
end the following new paragraph:
``(3) Application of davis-bacon act requirements
with respect to certain exempt facility bonds.--If any
proceeds of any issue are used for construction,
alteration, or repair of any facility otherwise
described in paragraph (4), (5), (15), or (16) of
subsection (a), such facility shall be treated for
purposes of subsection (a) as described in such
paragraph only if each entity that receives such
proceeds to conduct such construction, alteration, or
repair agrees to comply with the provisions of
subchapter IV of chapter 31 of title 40, United States
Code with respect to such construction, alteration, or
repair.''.
(b) Effective Date.--The amendment made by this section shall
apply to bonds issued after the date of the enactment of this
Act.
Page 2152, strike lines 4 through 20, and insert the
following:
(b) Payments Made Under Section 6431B(b) of the Internal
Revenue Code of 1986.--Section 255(h) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) is
amended by inserting: ``Payments made under section 6431B(b) of
the Internal Revenue Code of 1986'' after the item related to
Payments for Foster Care and Permanency.
Page 2152, line 21, strike ``(b)'' and insert ``(c)''.
Page 2153, line 5, strike ``(c)'' and insert ``(d)''.
Page 2168, after line 25, insert the following:
``(3) Labor standards for all grants.--The Secretary
shall require that each entity, including grantees and
subgrantees, that applies for an infrastructure grant
for constructing, renovating, or improving child care
facilities, including adapting, reconfiguring, or
expanding such facilities, which is funded in whole or
in part under this section, shall include in its
application written assurance that all laborers and
mechanics employed by contractors or subcontractors in
the performance of construction, alternation or repair,
as part of such project, shall be paid wages at rates
not less than those prevailing on similar work in the
locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of part A
of subtitle II of title 40, United States Code
(commonly referred to as the `Davis-Bacon Act'), and
with respect to the labor standards specified in such
subchapter the Secretary of Labor shall have the
authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (15 FR 3176; 5 U.S.C.
Appendix) and section 2 of the Act of June 13, 1934 (40
U.S.C. 276c).''.
Page 2169, line 1, strike ``(3)'' and insert ``(4)''.
Page 2170, after line 4, insert the following:
``(5) Labor standards for all grants.--The Secretary
of Health and Human Services shall require that each
entity, including grantees and subgrantees, that
applies for an infrastructure grant for constructing,
renovating, or improving child care facilities,
including adapting, reconfiguring, or expanding such
facilities, which is funded in whole or in part under
this section, shall include in its application written
assurance that all laborers and mechanics employed by
contractors or subcontractors in the performance of
construction, alternation or repair, as part of such
project, shall be paid wages at rates not less than
those prevailing on similar work in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of subtitle II of
title 40, United States Code (commonly referred to as
the `Davis-Bacon Act'), and with respect to the labor
standards specified in such subchapter the Secretary of
Labor shall have the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 FR 3176;
5 U.S.C. Appendix) and section 2 of the Act of June 13,
1934 (40 U.S.C. 276c).''.
Page 2178, line 2, strike ``taxable years beginning after''
and insert ``property placed in service after''.
Page 2240, strike lines 18 through page 2241, line 10, and
insert the following:
``(4) Selection criteria.--Selection criteria similar
to those in subsection (d)(3) shall apply, except that
in determining designations under this subsection, the
Secretary, after consultation with the Secretary of
Energy, shall--
``(A) require that applicants provide written
assurances to the Secretary that all laborers
and mechanics employed by contractors and
subcontractors in the performance of
construction, alteration or repair work on a
qualifying advanced energy project shall be
paid wages at rates not less than those
prevailing on projects of a similar character
in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code, and
``(B) give the highest priority to projects
which--
``(i) manufacture (other than
primarily assembly of components)
property described in a subclause of
subsection (c)(1)(A)(i) (or components
thereof), and
``(ii) have the greatest potential
for commercial deployment of new
applications.''.
Page 2244, line 6, strike ``45U'' and insert ``45V''.
Page 2244, line 14, strike ``45U'' and insert ``45V''.
Page 2244, line 17, strike ``45U'' and insert ``45V''.
Page 2244, line 21, strike ``45U'' and insert ``45V''.
Page 2245, after line 13, insert the following:
SEC. 90443. LABOR STANDARDS FOR CERTAIN ENERGY JOBS.
(a) Department of Labor Certification of Qualified
Entities.--
(1) Definitions.--In this subsection--
(A) Applicable construction project.--The
term ``applicable construction project'' means,
with respect to any entity--
(i) the installation of any qualified
alternative fuel vehicle refueling
property (as defined in section 30C(c)
of the Internal Revenue Code of 1986),
(ii) the installation of any
qualified energy property described in
section 48D(a)(1) of such Code,
(iii) the installation of any
qualified property referred to in
paragraph (2) of section 48D(a) of such
Code as part of any qualified
investment credit facility described in
such paragraph, and
(iv) the installation of any energy
efficient commercial building property
(as defined in section 179D(c)(1) of
such Code).
(B) Covered project labor agreement.--The
term ``covered project labor agreement'' means
a project labor agreement that--
(i) binds all contractors and
subcontractors on the construction
project through the inclusion of
appropriate specifications in all
relevant solicitation provisions and
contract documents,
(ii) allows all contractors and
subcontractors to compete for contracts
and subcontracts without regard to
whether they are otherwise a party to a
collective bargaining agreement,
(iii) contains guarantees against
strikes, lockouts, and other similar
job disruptions,
(iv) sets forth effective, prompt,
and mutually binding procedures for
resolving labor disputes arising during
the covered project labor agreement,
and
(v) provides other mechanisms for
labor-management cooperation on matters
of mutual interest and concern,
including productivity, quality of
work, safety, and health.
(C) Project labor agreement.--The term
``project labor agreement'' means a pre-hire
collective bargaining agreement with one or
more labor organizations that establishes the
terms and conditions of employment for a
specific construction project and is described
in section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)).
(D) Installation includes on-site
construction.--Any reference in this subsection
to the installation of any property shall
include the construction of such property if
such construction is performed on the site
where such property is installed.
(E) Qualified entity.--The term ``qualified
entity'' means an entity that the Secretary of
Labor certifies as a qualified entity in
accordance with paragraph (2).
(F) Registered apprenticeship program.--The
term ``registered apprenticeship program''
means an apprenticeship program registered
under the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.), including any requirement, standard, or
rule promulgated under such Act, as such
requirement, standard, or rule was in effect on
December 30, 2019.
(2) Certification of qualified entities.--
(A) In general.--The Secretary of Labor shall
establish a process for certifying entities
that submit an application under subparagraph
(B) as qualified entities with respect to
applicable construction projects for purposes
of the amendments made by subsections (b), (c),
and (d).
(B) Application process.--
(i) In general.--An entity seeking
certification as a qualified entity
under this paragraph shall submit an
application to the Secretary of Labor
at such time, in such manner, and
containing such information as the
Secretary may reasonably require,
including information to demonstrate
compliance with the requirements under
subparagraph (C).
(ii) Requests for additional
information.--Not later than 1 year
after receiving an application from an
entity under clause (i)--
(I) the Secretary of Labor
may request additional
information from the entity in
order to determine whether the
entity is in compliance with
the requirements under
subparagraph (C), and
(II) the entity shall provide
such additional information.
(iii) Determination deadline.--The
Secretary of Labor shall make a
determination on whether to certify an
entity under this subsection not later
than--
(I) in a case in which the
Secretary requests additional
information described in
paragraph (2)(B)(ii), 1 year
after the Secretary receives
such additional information
from the entity, or
(II) in a case that is not
described in subclause (I), 1
year after the date on which
the entity submits the
application under clause (i).
(iv) Precertification remedies.--The
Secretary shall consider any corrective
actions taken by an entity seeking
certification under this paragraph to
remedy an administrative merits
determination, arbitral award or
decision, or civil judgment identified
under subparagraph (C)(iii) and shall
impose as a condition of certification
any additional remedies necessary to
avoid further or repeated violations.
(C) Labor standards requirements.--The
Secretary of Labor shall require an entity, as
a condition of certification under this
subsection, to satisfy each of the following
requirements--
(i) The entity shall ensure that all
laborers and mechanics employed by
contractors and subcontractors in the
performance of any applicable
construction project shall be paid
wages at rates not less than those
prevailing on projects of a similar
character in the locality as determined
by the Secretary of Labor in accordance
with subchapter IV of chapter 31 of
title 40, United States Code (commonly
known as the ``Davis-Bacon Act'').
(ii) In the case of any applicable
construction project the cost of which
exceeds $25,000,000, the entity shall
be a party to, or require contractors
and subcontractors in the performance
of such applicable construction project
to consent to, a covered project labor
agreement.
(iii) The entity, and all contractors
and subcontractors in performance of
any applicable construction project,
shall represent in the application
submitted under subparagraph (B) (and
periodically thereafter during the
performance of the applicable
construction project as the Secretary
of Labor may require) whether there has
been any administrative merits
determination, arbitral award or
decision, or civil judgment, as defined
in guidance issued by the Secretary of
Labor, rendered against the entity in
the preceding 3 years (or, in the case
of disclosures after the initial
disclosure, during such period as the
Secretary of Labor may provide) for
violations of--
(I) the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et
seq.),
(II) the Occupational Safety
and Health Act of 1970 (29
U.S.C. 651 et seq.),
(III) the Migrant and
Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801
et seq.),
(IV) the National Labor
Relations Act (29 U.S.C. 151 et
seq.),
(V) subchapter IV of chapter
31 of title 40, United States
Code (commonly known as the
``Davis-Bacon Act''),
(VI) chapter 67 of title 41,
United States Code (commonly
known as the ``Service Contract
Act''),
(VII) Executive Order 11246
(42 U.S.C. 2000e note; relating
to equal employment
opportunity),
(VIII) section 503 of the
Rehabilitation Act of 1973 (29
U.S.C. 793),
(IX) section 4212 of title
38, United States Code;
(X) the Family and Medical
Leave Act of 1993 (29 U.S.C.
2601 et seq.),
(XI) title VII of the Civil
Rights Act of 1964 (42 U.S.C.
2000e et seq.),
(XII) the Americans with
Disabilities Act of 1990 (42
U.S.C. 12101 et seq.),
(XIII) the Age Discrimination
in Employment Act of 1967 (29
U.S.C. 621 et seq.),
(XIV) Federal Government
standards establishing a
minimum wage for contractors,
or
(XV) equivalent State laws,
as defined in guidance issued
by the Secretary of Labor.
(iv) The entity, and all contractors
and subcontractors in the performance
of any applicable construction project,
shall not require mandatory arbitration
for any dispute involving a worker
engaged in a service for the entity
unless such worker is covered by a
collective bargaining agreement that
provides otherwise.
(v) The entity, and all contractors
and subcontractors in the performance
of any applicable construction project,
shall consider an individual performing
any service in such performance as an
employee (and not an independent
contractor) of the entity, contractor,
or subcontractor, respectively,
unless--
(I) the individual is free
from control and direction in
connection with the performance
of the service, both under the
contract for the performance of
the service and in fact,
(II) the service is performed
outside the usual course of the
business of the entity,
contractor, or subcontractor,
respectively, and
(III) the individual is
customarily engaged in an
independently established
trade, occupation, profession,
or business of the same nature
as that involved in such
service.
(vi) The entity shall prohibit all
contractors and subcontractors in the
performance of any applicable
construction project from hiring
employees through a temporary staffing
agency unless the relevant State
workforce agency certifies that
temporary employees are necessary to
address an acute, short-term labor
demand.
(vii) The entity shall require all
contractors, subcontractors, successors
in interest of the entity, and other
entities that may acquire the entity,
in the performance or acquisition of
any applicable construction project, to
have an explicit neutrality policy on
any issue involving the organization of
employees of the entity, and all
contractors and subcontractors in the
performance of any applicable
construction project, for purposes of
collective bargaining.
(viii) The entity shall require all
contractors and subcontractors to
participate in a registered
apprenticeship program for each skilled
craft employed on any applicable
construction project.
(ix) The entity, and all contractors
and subcontractors in the performance
of any applicable construction project,
shall not request or otherwise consider
the criminal history of an applicant
for employment before extending a
conditional offer to the applicant,
unless--
(I) a background check is
otherwise required by law,
(II) the position is for a
Federal law enforcement officer
(as defined in section
115(c)(1) of title 18, United
States Code) position, or
(III) the Secretary of Labor,
after consultation with the
Secretary of Energy, certifies
that precluding criminal
history prior to the
conditional offer would pose a
threat to national security.
(D) Davis-bacon act.--The Secretary of Labor
shall have, with respect to the labor standards
described in subparagraph (C)(i), the authority
and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C.
App.) and section 3145 of title 40, United
States Code.
(E) Period of validity for certifications.--A
certification made under this subsection shall
be in effect for a period of 5 years. An entity
may reapply to the Secretary of Labor for an
additional certification under this subsection
in accordance with the application process
under paragraph (2)(B).
(F) Revocation of qualified entity status.--
The Secretary of Labor may revoke the
certification of an entity under this
subsection as a qualified entity at any time in
which the Secretary reasonably determines the
entity is no longer in compliance with
paragraph (2)(C).
(G) Certification may cover more than 1
substantially similar project.--The Secretary
of Labor may make certifications under this
paragraph which apply with respect to more than
1 project if the projects to which such
certification apply are substantially similar
projects which meet the requirements of this
subsection. Such projects shall be treated as a
specific construction project for purposes of
paragraph (1)(C).
(3) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2020 and each fiscal year
thereafter.
(b) Jobs in Energy Credit.--
(1) In general.--Subpart E of part IV of subchapter A
of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after section 48C the following
new section:
``SEC. 48D. JOBS IN ENERGY CREDIT.
``(a) Investment Credit for Qualified Property.--For purposes
of section 46, the jobs in energy credit for any taxable year
is an amount equal to 10 percent of the basis of any qualified
energy property placed in service by the taxpayer during such
taxable year if the installation of such property is performed
by a qualified entity with respect to such property.
``(b) Qualified Energy Property.--For purposes of this
section, the term `qualified energy property' means--
``(1) energy property (as defined in section
48(a)(3)), or
``(2) qualified property which is part of a qualified
investment credit facility (as defined in section
48(a)(5) without regard to clause (a)(5)(C)(iii)) which
is originally placed in service after December 31,
2020.
``(c) Qualified Entity.--For purposes of this section--
``(1) In general.--The term `qualified entity' means,
with respect to the installation of any qualified
energy property, an entity which is certified by the
Secretary of Labor as being in compliance with all of
the applicable requirements under section 90443(a) of
the GREEN Act of 2020 with respect to such installation
at all times during the period beginning on the date on
which the installation of such property begins and
ending on the date on which such property is placed in
service.
``(2) Certification of facility required.--In the
case of any qualified property referred to in
subsection (b)(2), an entity shall be treated as a
qualified entity with respect to the installation of
such property only if the Secretary of Labor has
certified that the construction of the qualified
investment credit facility of which such qualified
property is a part as being in compliance with all of
the applicable requirements under section 90443(a) of
the GREEN Act of 2020 for the period referred to in
paragraph (1).
``(d) Special Rules.--
``(1) Certain progress expenditure rules made
applicable.--Rules similar to the rules of subsections
(c)(4) and (d) of section 46 (as in effect on the day
before the date of the enactment of the Revenue
Reconciliation Act of 1990) shall apply for purposes of
subsection (a).
``(2) Special rule for property financed by
subsidized energy financing or industrial development
bonds.--For purposes of subsection (a), rules similar
to the rules of section 48(a)(4) shall apply for
purposes of determining the basis of any qualified
energy property.
``(3) Installation includes on-site construction.--
Any reference in this section to the installation of
any property shall include the construction of such
property if such construction is performed on the site
where such property is installed.
``(4) Recapture.--If the Secretary of Labor revokes
the certification of a qualified entity with respect to
the installation of any property, the tax imposed under
this chapter on the taxpayer to whom the credit
determined under this section is allowed shall be
increased for the taxable year which includes the date
of such revocation by an amount equal to the aggregate
decrease in the credits allowed under section 38 for
all prior taxable years which would have resulted
solely from reducing to zero any credit determined
under this section with respect to such property.
``(5) Election not to have section apply.--This
section shall not apply with respect to any taxpayer
for any taxable year if such taxpayer elects (at such
time and in such manner as the Secretary may prescribe)
not to have this section apply.''.
(2) Conforming amendments.--
(A) Section 46 of such Code is amended by
striking ``and'' at the end of paragraph (5),
by striking the period at the end of paragraph
(6) and inserting ``, and'', and by adding at
the end the following new paragraph:
``(7) the jobs in energy credit.''.
(B) Section 49(a)(1)(C) of such Code is
amended by striking ``and'' at the end of
clause (iv), by striking the period at the end
of clause (v) and inserting a comma, and by
adding at the end the following new clause:
``(vi) the basis of any qualified
energy property under section 48D.''.
(C) Section 50(a)(2)(E) of such Code is
amended by striking `` or 48C(b)(2)'' and
inserting ``48C(b)(2), or 48D(d)(1)''.
(D) The table of sections for subpart E of
part IV of subchapter A of chapter 1 of such
Code is amended by inserting after the item
relating to section 48C the following new item:
``Sec. 48D. Jobs in energy credit.''.
(3) Effective date.--The amendments made by this
subsection shall apply to periods after December 31,
2020, under rules similar to the rules of section 48(m)
of the Internal Revenue Code of 1986 (as in effect on
the day before the date of the enactment of the of
1990).
(c) Increase in Energy Efficient Commercial Building
Deduction for Installation by Qualified Entities.--
(1) In general.--Section 179D(d) of the Internal
Revenue Code of 1986 is amended by adding at the end
the following:
``(7) Adjustment for qualified entities.--In the case
of any energy efficient commercial building property
which was installed (within the meaning of section
48D(d)(3)) by an entity which is certified by the
Secretary of Labor as being in compliance with all of
the applicable requirements under section 90443(a) of
the GREEN Act of 2020 with respect to such
installation, subsection (b)(1)(A) shall be applied by
substituting `$3.20' for `$3'.''.
(2) Conforming amendment.--Section 179D(d)(1)(A) of
such Code is amended by inserting ``(or, in the case of
property to which paragraph (7) applies, by
substituting `$1.07' for `$3.20' in such paragraph)''
before the period at the end.
(3) Effective date.--The amendments made by this
subsection shall apply to property placed in service
after December 31, 2020.
(d) Increase in Alternative Fuel Vehicle Refueling Property
Credit for Installation by Qualified Entities.--
(1) In general.--Section 30C(a), as amended by the
preceding provisions of this Act, is amended by
striking ``plus'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and
inserting ``, plus'', and by adding at the end the
following new paragraph:
``(3) in the case of any qualified alternative fuel
vehicle refueling property which was installed (within
the meaning of section 48D(d)(3)) by an entity which is
certified by the Secretary of Labor as being in
compliance with all of the applicable requirements
under section 90443(a) of the GREEN Act of 2020 with
respect to such installation, 10 percent of the amount
of costs taken into account under paragraph (1) with
respect to such property.''.
(2) Effective date.--The amendments made by this
subsection shall apply to property placed in service
after December 31, 2020.
Page 2256, line 4, strike ``placed in service in taxable
years'' and insert ``financed by an obligation issued in
calendar years''.
Page 2257, strike lines 1 through 3, and insert ``are placed
in service by the taxpayer after January 20, 2020.''.
Page 2273, beginning on line 3, strike ``the Secretary of
Housing and Urban Development'' and insert ``housing credit
agencies''.
Page 2274, line 13, strike ``the qualified allocation plan
of''.
Page 2304, line 20, insert ``Alaska Native'' before ``village
members''.
Page 2309, after line 24, insert the following:
DIVISION N--RIGHTS FOR TRANSPORTATION SECURITY OFFICERS
SEC. 91001. SHORT TITLE.
This division may be cited as the ``Rights for Transportation
Security Officers Act of 2020''.
SEC. 91002. DEFINITIONS.
For purposes of this division--
(1) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or
administrative action for the position held by
a covered employee before any deductions; and
(B) any regular, fixed supplemental payment
for non-overtime hours of work creditable as
basic pay for retirement purposes, including
any applicable locality payment and any special
rate supplement;
(2) the term ``Administrator'' means the
Administrator of the Transportation Security
Administration;
(3) the term ``covered employee'' means an employee
who holds a covered position;
(4) the term ``covered position'' means a position
within the Transportation Security Administration;
(5) the term ``conversion date'' means the date as of
which paragraphs (1) through (4) of section 91003(c)
take effect;
(6) the term ``2019 Determination'' means the
publication, entitled ``Determination on Transportation
Security Officers and Collective Bargaining'', issued
on July 13, 2019, by Administrator David P. Pekoske;
(7) the term ``employee'' has the meaning given such
term by section 2105 of title 5, United States Code;
(8) the term ``Secretary'' means the Secretary of
Homeland Security; and
(9) the term ``TSA personnel management system''
means any personnel management system established or
modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935
note); or
(B) section 114(n) of title 49, United States
Code.
SEC. 91003. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--
Notwithstanding any other provision of law, effective as of the
date of the enactment of this division--
(1) any TSA personnel management system in use for
covered employees and covered positions on the day
before such date of enactment, and any TSA personnel
management policy, letters, guideline, or directive in
effect on such day may not be modified;
(2) no TSA personnel management policy, letter,
guideline, or directive that was not established before
such date issued pursuant to section 111(d) of the
Aviation and Transportation Security Act (49 U.S.C.
44935 note) or section 114(n) of title 49, United
States Code, may be established; and
(3) any authority to establish or adjust a human
resources management system under chapter 97 of title
5, United States Code, shall terminate with respect to
covered employees and covered positions.
(b) Personnel Authorities During Transition Period.--Any TSA
personnel management system in use for covered employees and
covered positions on the day before the date of enactment of
this division and any TSA personnel management policy, letter,
guideline, or directive in effect on the day before the date of
enactment of this division shall remain in effect until the
effective date under subsection (c).
(c) Transition to General Personnel Management System
Applicable to Civil Service Employees.--Effective as of the
date determined by the Secretary, but in no event later than
180 days after the date of the enactment of this division--
(1) each provision of law cited in section 91002(9)
is repealed;
(2) any TSA personnel management policy, letter,
guideline, and directive, including the 2019
Determination, shall cease to be effective;
(3) any human resources management system established
or adjusted under chapter 97 of title 5, United States
Code, with respect to covered employees or covered
positions shall cease to be effective; and
(4) covered employees and covered positions shall be
subject to the provisions of title 5, United States
Code.
(d) Safeguards on Grievances.--In carrying out this division,
the Secretary shall take such actions as are necessary to
provide an opportunity to each covered employee with a
grievance or disciplinary action (including an adverse action)
pending within TSA on the date of enactment of this division or
at any time during the transition period described in
subsection (c) to have such grievance removed to proceedings
pursuant to title 5, United States Code, or continued within
TSA.
SEC. 91004. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under pay
conversion rules as the Secretary may prescribe to carry out
this division, a covered employee converted from a TSA
personnel management system to the provisions of title 5,
United States Code, pursuant to section 91002(c)(4) shall not
be subject to any reduction in the rate of adjusted basic pay
payable, or total compensation provided, to such covered
employee.
(b) Preservation of Other Rights.--In the case of each
covered employee as of the conversion date, the Secretary shall
take any actions necessary to ensure that--
(1) any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a
covered employee immediately before the conversion date
shall remain available to the employee until used; and
(2) the Government share of any premiums or other
periodic charges under chapter 89 of title 5, United
States Code, governing group health insurance shall
remain at least the same as was the case immediately
before the conversion date.
(c) GAO Study on TSA Pay Rates.--Not later than the date that
is 9 months after the date of enactment of this division, the
Comptroller General shall submit a report to Congress on the
differences in rates of pay, classified by pay system, between
Transportation Security Administration employees--
(1) with duty stations in the contiguous 48 States;
and
(2) with duty stations outside of such States,
including those employees located in any territory or
possession of the United States.
(d) Rule of Construction.--During the transition period and
after the conversion date, the Secretary shall ensure that the
Transportation Security Administration continues to prevent the
hiring of individuals who have been convicted of a sex crime,
an offense involving a minor, a crime of violence, or
terrorism.
SEC. 91005. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--The labor organization
certified by the Federal Labor Relations Authority on June 29,
2011, or successor labor organization shall be treated as the
exclusive representative of full- and part-time non-supervisory
TSA personnel carrying out screening functions under section
44901 of title 49, United States Code, and shall be the
exclusive representative for such personnel under chapter 71 of
title 5, United States Code, with full rights under such
chapter. Any collective bargaining agreement covering such
personnel on the date of enactment of this division shall
remain in effect, consistent with subsection (d).
(b) Consultation Rights.--Not later than 7 days after the
date of the enactment of this division, the Secretary shall
consult with the exclusive representative for the personnel
described in subsection (a) under chapter 71 of title 5, United
States Code, on the formulation of plans and deadlines to carry
out the conversion of covered employees and covered positions
under this division. Prior to the conversion date, the
Secretary shall provide (in writing) to such exclusive
representative the plans for how the Secretary intends to carry
out the conversion of covered employees and covered positions
under this division, including with respect to such matters
as--
(1) the anticipated conversion date; and
(2) measures to ensure compliance with sections 91003
and 91004.
(c) Required Agency Response.--If any views or
recommendations are presented under subsection (b) by the
exclusive representative, the Secretary shall consider the
views or recommendations before taking final action on any
matter with respect to which the views or recommendations are
presented and provide the exclusive representative a written
statement of the reasons for the final actions to be taken.
(d) Sunset Provision.--The provisions of this section shall
cease to be effective as of the conversion date.
SEC. 91006. NO RIGHT TO STRIKE.
Nothing in this division shall be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States
Code (relating to disloyalty and asserting the
right to strike against the Government); or
(B) section 7311 of title 5, United States
Code (relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in
paragraph (1).
SEC. 91007. RULE OF CONSTRUCTION WITH RESPECT TO CERTAIN CRIMES
RELATING TO TERRORISM.
Nothing in this division may be construed to contradict
chapter 113B of title 18, United States Code, including with
respect to--
(1) section 2332b (relating to acts of terrorism
transcending national boundaries);
(2) section 2339 (relating to harboring or concealing
terrorists); and
(3) section 2339A (relating to providing material
support to terrorists).
SEC. 91008. REPORT BY GAO REGARDING TSA RECRUITMENT.
Not later than 1 year after the date of the enactment of this
division, the Comptroller General of the United States shall
submit to Congress a report on the efforts of the
Transportation Security Administration regarding recruitment,
including recruitment efforts relating to veterans and the
dependents of veterans and members of the Armed Forces and the
dependents of such members. Such report shall also include
recommendations regarding how the Administration may improve
such recruitment efforts.
SEC. 91009. SENSE OF CONGRESS.
It is the sense of Congress that the Transportation Security
Administration's personnel system provides insufficient
benefits and workplace protections to the workforce that
secures the nation's transportation systems and that the
Transportation Security Administration's workforce should be
provided protections and benefits under title 5, United States
Code.
SEC. 91010. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator of the Transportation Security
Administration shall engage and consult with public and private
entities associated with the Federal Air Marshal Service to
address concerns regarding Federal Air Marshals related to the
following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Any other personnel issues the Administrator
determines appropriate.
SEC. 91011. PROHIBITION ON CERTAIN SOCIAL MEDIA APPLICATION.
Beginning on the date of the enactment of this division,
covered employees may not use or have installed on United
States Government-issued mobile devices the social media video
application known as ``TikTok'' or any successor application.
SEC. 91012. VETERANS HIRING.
The Secretary shall prioritize the hiring of veterans,
including disabled veterans, and other preference eligible
individuals, including widows and widowers of veterans, as
defined in section 2108 of title 5, United States Code, for
covered positions.
SEC. 91013. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.
The Administrator of the Transportation Security
Administration, in coordination with the Director of Centers
for Disease Control and Prevention and the Director of the
National Institute of Allergy and Infectious Diseases, shall
ensure that covered employees are provided proper guidance
regarding prevention and protections against coronavirus,
including appropriate resources.
DIVISION O--AGRICULTURE INFRASTRUCTURE IMPROVEMENTS
SEC. 92001. REFORESTATION TRUST FUND.
Section 303(b)(2) of Public Law 96-451 (16 U.S.C.
1606a(b)(2)) is amended by striking ``$30,000,000'' and
inserting ``$60,000,000''.
DIVISION P--BUDGETARY EFFECTS
SEC. 93001. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
each division of this Act shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of each
division of this Act shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con.
Res. 71 (115th Congress).
PART B--TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. An Amendment To Be Offered by Representative Adams of North Carolina
or Her Designee
Page 838, line 22, strike ``2'' and insert ``4''.
Page 838, beginning on line 23, strike ``minority
institutions, as such term is defined in section 365 of the
Higher Education Act of 1965 (20 U.S.C. 1067k)'' and insert
``historically black colleges and universities and other
minority-serving institutions, as defined in section 371(a) of
the Higher Education Act (20 U.S.C. 1067q)''.
----------
2. An Amendment To Be Offered by Representative Aguilar of California
or His Designee
Page 333, line 16, strike ``or''.
Page 333, after line 16, insert the following:
(4) a special purpose district or public authority
with a transportation function, including a port
authority; or
Page 333, line 17, strike ``(4)'' and insert ``(5)''.
----------
3. An Amendment To Be Offered by Representative Aguilar of California
or His Designee
Page 253, line 5, insert ``, including local pollution
derived from vehicles idling at railway crossings'' after
``pollution''.
----------
4. An Amendment To Be Offered by Representative Brindisi of New York or
His Designee
Page 611, line 5, insert ``and hybrid electric buses, that
make meaningful reductions in energy consumption and harmful
emissions, including direct carbon emissions,'' after
``vehicles''.
Page 613, line 22, insert ``and hybrid electric buses, that
make meaningful reductions in energy consumption and harmful
emissions, including direct carbon emissions,'' before ``shall
not''.
5. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee
Page 872, after line 24, insert the following:
SEC. 5110. INTERAGENCY INNOVATIVE MATERIALS STANDARDS TASK FORCE.
(a) Purposes.--The purposes of this section shall be--
(1) to encourage the research, design, and use of
innovative materials, in concert with traditional
materials, and associated techniques in the
construction and preservation of the domestic
infrastructure network;
(2) to accelerate the deployment and extend the
service life, improve the performance, and reduce the
cost of infrastructure projects; and
(3) to improve the economy, resilience,
maintainability, sustainability, and safety of the
domestic infrastructure network.
(b) Establishment.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Director of the
National Institute of Standards and Technology shall
establish an Interagency Innovative Materials Standards
Task Force (referred to in this section as the ``Task
Force'') composed of the heads of Federal agencies
responsible for significant civil infrastructure
projects, including the Administrator of the Federal
Highway Administration.
(2) Chairperson.--The Director of the National
Institute of Standards and Technology shall serve as
Chairperson of the Task Force.
(c) Duties.--The Task Force shall coordinate and improve,
with respect to infrastructure construction, retrofitting,
rehabilitation, and other improvements--
(1) Federal testing standards;
(2) Federal design and use guidelines;
(3) Federal regulations; and
(4) other applicable standards and performance and
sustainability metrics.
(d) Report.--
(1) In general.--Not later than 18 months after the
date of enactment of this Act, the Task Force shall
conduct, and submit to the appropriate committees of
Congress a report that describes the results of, a
study--
(A) to assess the standards and performance
metrics for the use of innovative materials in
infrastructure projects;
(B) to identify any barriers, regulatory or
otherwise, relating to the standards described
in subparagraph (A) that preclude the use of
certain products or associated techniques; and
(C) to identify opportunities for the
development of standardized designs and
materials genome approaches that design and use
innovative materials to reduce costs, improve
performance and sustainability, and extend the
service life of infrastructure assets.
(2) Report.--The report under paragraph (1) shall--
(A) identify any non-Federal entities or
other organizations, including the American
Association of State Highway and Transportation
Officials, that develop relevant standards; and
(B) outline a strategy to improve
coordination and information sharing between
the entities described in subparagraph (A) and
any relevant Federal agencies.
(e) Improved Coordination.--Not later than 2 years after the
date of enactment of this Act, the Task Force shall collaborate
with any non-Federal entity identified under subsection
(d)(2)(A)--
(1) to identify and carry out appropriate research,
testing methods, and processes relating to the
development and use of innovative materials;
(2) to develop new methods and processes relating to
the development and use of innovative materials, as the
applicable agency head determines to be necessary;
(3) to contribute to the development of standards,
performance metrics, and guidelines for the use of
innovative materials and approaches in civil
infrastructure projects;
(4) to develop a plan for addressing potential
barriers, regulatory or otherwise, identified in
subsection (d)(1)(B); and
(5) to develop a plan for the development of
standardized designs that use innovative materials to
reduce costs, improve performance and sustainability,
and extend the service life of infrastructure assets.
(f) Innovative Material Defined.--In this section, the term
``innovative material'', with respect to an infrastructure
project, includes those materials or combinations and processes
for use of materials that enhance the overall service life,
sustainability, and resiliency of the project or provide
ancillary benefits relative to widely adopted state of practice
technologies, as determined by the appropriate Secretary or
agency head.
----------
6. An Amendment To Be Offered by Representative Crist of Florida or His
Designee
Page 635, after line 24, insert the following (and
redesignate subsequent paragraphs accordingly):
(2) in subsection (b)(2)--
(A) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively;
and
(B) by adding at the end the following:
``(D) in consultation with the Secretary of
the Department of Health and Human Services,
precautionary and reactive actions required to
ensure public and personnel safety and health
during an emergency as defined in section
5324.''.
----------
7. An Amendment To Be Offered by Representative Crist of Florida or His
Designee
Page 636, line 9, strike ``and fatalities,'' and insert
``fatalities, and, consistent with guidelines by the Centers
for Disease Control and Prevention, infectious diseases,''.
----------
8. An Amendment To Be Offered by Representative Cunningham of South
Carolina or His Designee
Page 166, line 1, strike ``or national security functions''
and insert ``national security functions, or critical
infrastructure''.
Page 168, line 24, insert ``, access to health care and
public health facilities,'' after ``evacuation''.
Page 172, line 13, insert ``, access to health care and
public health facilities,'' after ``evacuation''.
Page 175, line 21, insert ``, access to health care and
public health facilities,'' after ``evacuation''.
Page 179, line 3, insert ``, access to health care and public
health facilities,'' after ``evacuation''.
----------
9. An Amendment To Be Offered by Representative Escobar of Texas or Her
Designee
Page 499, after line 22, insert the following:
SEC. 1632. STUDY ON COLONIAS.
(a) In General.--The Secretary of Transportation shall
carry out a study on the infrastructure state of colonias,
including surface, transit, water, and broadband infrastructure
of such colonias.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the results of
the study under subsection (a), including any recommendations
for congressional action on colonias.
(c) Colonias Defined.--In this section, the term
``colonias'' has the meaning given the term in section
509(f)(8) of the Housing Act of 1949 (42 U.S.C. 1479(f)(8)).
----------
10. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee
At the end of division H, add the following:
SEC. ___. COLONIAS STATE OF GOOD REPAIR GRANT PROGRAM.
(a) In General.--The Secretary of Transportation shall
establish a state of good repair surface transportation grant
program to provide grants that increase the state of good
repair for surface infrastructure in and around colonias.
(b) Eligible Entities.--The following entities are eligible
to receive a grant under this section:
(1) States.
(2) Metropolitan planning organizations.
(3) Units of local government.
(4) Federal land management agencies.
(5) Tribal governments.
(c) Colonia Defined.--In this section, the term ``colonia''
means any identifiable community that--
(1) is in the State of Arizona, California, New
Mexico, or Texas;
(2) is in the area of the United States within 150
miles of the border between the United States and
Mexico, except that the term does not include any
standard metropolitan statistical area that has a
population exceeding 1,000,000;
(3) is determined to be a colonia on the basis of
objective criteria, including lack of potable water
supply, lack of adequate sewage systems, and lack of
decent, safe, and sanitary housing; and
(4) was in existence as a colonia before November 28,
1990.
(d) Authorization of Appropriations.--There are authorized to
be appropriated $10,000,000 for each of fiscal years 2022
through 2025 to carry out this section.
----------
11. An Amendment To Be Offered by Representative Eshoo of California or
Her Designee
Page 305, line 22, strike ``or''.
Page 306, line 2, insert ``or'' at the end.
Page 306, after line 2, insert the following:
``(cc) to provide
charging stations that
support charging needs
for current and future
vehicles and minimize
future upgrade costs;
Page 306, line 5, insert ``, including faster charging
speeds'' before the semicolon.
----------
12. An Amendment To Be Offered by Representative Finkenauer of Iowa or
Her Designee
Page 157, after line 23, insert the following:
SEC. 1118. ADDITIONAL SUPPORT TO REBUILD RURAL COMMUNITIES.
To carry out section 1307 of this Act, there are authorized
to be appropriated $100,000,000 for fiscal year 2023 and
$50,000,000 for fiscal year 2024.
----------
13. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee
Page 891, line 14, insert ``systems'' after
``transportation''.
Page 891, line 16, insert ``air quality and climate, energy
consumption,'' after ``jobs,''.
----------
14. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee
Page 483, after line 7, insert the following:
(7) Labor and workforce needs to implement climate-
resilient transportation infrastructure projects
including new and emerging skills, training programs,
competencies and recognized postsecondary credentials
that may be required to adequately equip the workforce.
Page 484, line 19, strike ``and''.
Page 484, line 25, strike the period and insert ``; and''.
Page 484, after line 25, insert the following:
(9) the occupations, skillsets, training programs,
competencies and recognized postsecondary credentials
that will be needed to implement such climate-resilient
transportation infrastructure projects, and how to
ensure that any new jobs created by such projects
ensure that priority hiring considerations are given to
individuals facing barriers to employment, communities
of color, low-income communities and tribal communities
that face a disproportionate risk from climate change
and have been excluded from job opportunities.
Page 486, line 2, strike ``and''.
Page 486, line 4, strike the period and insert ``; and''.
Page 486, after line 4, insert the following:
(J) representatives of labor unions that
represent key trades and industries involved in
infrastructure projects.
----------
15. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee
Page 925, line 4, strike ``; and'' and insert ``with
expertise in personal privacy;''.
Page 925, line 6, strike the period and insert ``; and''.
Page 925, after line 6, insert the following:
(F) consumer advocates.
Page 925, line 17, insert ``, and information related to
consumer privacy'' before the period.
Page 927, line 15, strike ``and''.
Page 927, line 19, strike the period and insert ``; and''.
Page 927, after line 19, insert the following:
(4) how the personal privacy of volunteers was
maintained.
----------
16. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee
Page 279, after line 7, insert the following:
``(E) Whether the project would replace,
reconstruct, or rehabilitate a high-commuter
corridor (as such term is defined in section
203(a)(6)) that is in poor condition.
Page 287, line 24, insert ``, including the Army Corps of
Engineers, Bureau of Reclamation, and the Bureau of Land
Management,'' after ``204''.
----------
17. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee
Page 399, line 12, insert ``, including the Army Corps of
Engineers, Bureau of Reclamation, and the Bureau of Land
Management,'' after ``204''.
Page 399, line 15, strike ``Federal lands transportation
facility'' and insert ``highway, bridge, or other
transportation facility for which title and maintenance
responsibility is vested in the Federal Government''.
----------
18. An Amendment To Be Offered by Representative Lamb of Pennsylvania
or His Designee
At the end of subtitle A of title IV of division B of the
bill, add the following:
SEC. __. OPERATION OF SMALL COMMERCIAL VEHICLES STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a review of the prevalence of, characteristics of, and
safe operation of commercial vehicles that have a gross vehicle
weight rating or gross vehicle weight below 10,000 pounds, and
are utilized in package delivery of goods moving in interstate
commerce.
(b) Independent Research.--If the Secretary decides to enter
into a contract with a third party to perform the research
required under subsection (a), the Secretary shall--
(1) solicit applications from research institutions
that conduct objective, fact-based research to conduct
the study; and
(2) ensure that such third party does not have any
financial or contractual ties with an entity engaged in
interstate commerce utilizing commercial vehicles or
commercial motor vehicles.
(c) Entities Included.--As part of the review, the Secretary
shall collect information from a cross-section of companies
that use fleets of such vehicles for package delivery in
interstate commerce, including companies that--
(1) directly perform deliveries; use contracted
entities to perform work; and
(2) utilize a combination of direct deliveries and
contract entities.
(d) Evaluation Factors.--The review shall include an
evaluation of the following:
(1) Fleet characteristics, including fleet structure,
and vehicle miles traveled.
(2) Fleet management, including scheduling of
deliveries and maintenance practices.
(3) Driver employment characteristics, including the
basis of compensation and classification.
(4) How training, medical fitness, hours on duty, and
safety of drivers is evaluated and overseen by
companies, including prevention of occupational
injuries and illnesses.
(5) Safety performance metrics, based on data
associated with the included entities, including crash
rates, moving violations, failed inspections, and other
related data points.
(6) Financial responsibility and liability for safety
or maintenance violations among companies, fleet
managers, and drivers.
(7) Loading and unloading practices, and how package
placement in the vehicle is determined.
(8) Other relevant information determined necessary
by the Secretary in order to make recommendations under
subsection (e).
(e) Report and Recommendations.--Upon completion of the
review, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce of the Senate a
report containing--
(1) the findings of the Secretary on each of the
factors in (d);
(2) a list of regulations applicable to commercial
motor vehicles and commercial motor vehicle operators
that are not applicable to commercial vehicle
operations described in this section; and
(3) recommendations, based on the findings, on
changes to laws or regulations at the Federal, State,
or local level to promote safe operations and safe and
fair working conditions for commercial vehicle
operators.
----------
19. An Amendment To Be Offered by Representative Larsen of Washington
or His Designee
Page 499, after line 22, insert the following:
SEC. 1632. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.
(a) In General.--The Comptroller General of the United States
shall conduct a study on the capital investment needs of United
States public ferries and how Federal funding programs are
meeting such needs.
(b) Considerations.--In carrying out the study under
subsection (a), the Comptroller General shall examine the
feasibility of including United States public ferries in the
conditions and performance report of the Department of
Transportation.
(c) Report to Congress.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall submit
to Congress a report describing the results of the study
described in subsection (a), including any recommendations for
how to include ferries in the conditions and performance report
of the Department of Transportation.
----------
20. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee
Page 302, line 16, insert ``environmental and environmental
justice organizations,'' after ``organizations,''.
Page 306, line 16, strike ``and'' at the end.
Page 306, line 24, strike ``and'' at the end.
Page 306, after line 24, insert the following:
``(vii) plans for the use of
renewable energy sources or zero
emissions energy sources for the
charging or fueling infrastructure; and
``(viii) provide publicly available
electric vehicle charging placement and
construction in communities in which
climate change, pollution, or
environmental destruction have
exacerbated systemic racial, regional,
social, environmental, and economic
injustices by disproportionately
affecting indigenous peoples,
communities of color, migrant
communities, deindustrialized
communities, depopulated rural
communities, the poor low income
workers, women, the elderly, the
unhoused, individuals with
disabilities, or youth; and''.
Page 312, line 6, strike the closing quotation marks and
second period and insert the following:
``(9) Study by the national academies.--
``(A) In general.--The Secretary shall seek
to enter into an agreement with the National
Academies for the Transportation Research Board
of the National Academy of Sciences shall--
``(i) conduct a study on options for
financing the placement of a national
network of publicly available EV
charging infrastructure along all
eligible roads on the National Highway
System that includes consideration of
financial instruments and optimization
of public-private partnerships; and
``(ii) conduct a study to determine
the maximum distance allowable between
publicly available EV charging
infrastructure, such that--
``(I) a driver starting at
any point along an eligible
road on the National Highway
System within the continental
United States can drive to any
other point along an eligible
road on the National Highway
System without running out of a
charging power; and
``(II) a driver starting at
any point along an eligible
road on the National Highway
System within Hawaii, Alaska,
or Puerto Rico can drive to any
other point along an eligible
road on the National Highway
System within that same state
or territory without running
out of charging power.
``(B) Submission to congress.--Not later than
2 years after the date of enactment of this
subsection, the Secretary shall submit to
Congress the results of the studies
commissioned under subparagraph (A).''.
----------
21. An Amendment To Be Offered by Representative Lewis of Georgia or
His Designee
Page 268, after line 14, insert the following:
SEC. 1217. NOISE BARRIERS.
(a) Permitting Use of Highway Trust Fund for Construction of
Certain Noise Barriers.--Section 339(b)(1) of the National
Highway System Designation Act of 1995 (23 U.S.C. 109 note) is
amended to read as follows:
``(1) General rule.--No funds made available out of
the Highway Trust Fund may be used to construct a Type
II noise barrier (as defined by section 772.5(I) of
title 23, Code of Federal Regulations) pursuant to
subsections (h) and (I) of section 109 of title 23,
United States Code, unless--
``(A) such a barrier is part of a project
approved by the Secretary before November 28,
1995; or
``(B) such a barrier separates a highway or
other noise corridor from a group of structures
of which the majority of those closest to the
highway or noise corridor--
``(i) are residential in nature; and
``(ii) either--
``(I) were constructed before
the construction or most recent
widening of the highway or
noise corridor; or
``(II) are at least 10 years
old.''.
(b) Eligibility For Surface Transportation Block Grant
Funds.--Section 133 of title 23, United States Code, is
amended--
(1) in subsection (b) by adding at the end the
following:
``(20) Planning, design, or construction of a Type II
noise barrier (as described in section 772.5 of title
23, Code of Federal Regulations).''; and
(2) in subsection (c)(2) by inserting ``and paragraph
(20)'' after ``(11)''.
----------
22. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee
Page 658, line 24, strike the first period through the second
period and insert a period.
Page 658, after line 24, insert the following:
``(h) Priority For Low-Income Areas.--In awarding grants
under this section, the Secretary shall give priority to
projects under this section that expand or build transit in
low-income areas or that provide access to public
transportation to low-income areas that do not have access to
public transportation.''.
----------
23. An Amendment To Be Offered by Representative Meng of New York or
Her Designee
At the end of division H insert the following:
SEC. 40002. ACCESSIBILITY OF PUBLIC TRANSPORTATION FOR PREGNANT WOMEN.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Transportation shall submit to
Congress a report that includes--
(1) a description of the unique challenges that
pregnant women face when riding public transportation;
and
(2) an assessment of how accessible public
transportation that receives Federal funds is for
pregnant women.
----------
24. An Amendment To Be Offered by Representative Meng of New York or
Her Designee
Page 633, line 10, strike ``and''.
Page 634, line 9, strike the period and insert ``; and''.
Page 634, after line 9, insert the following:
``(IX) providing culturally
competent training and
educational programs to all who
participate, regardless of
gender, sexual orientation, or
gender identity, including
those with limited English
proficiency, diverse cultural
and ethnic backgrounds, and
disabilities.''.
----------
25. An Amendment To Be Offered by Representative Meng of New York or
Her Designee
Page 718, line 15, after ``the driver'' insert the following:
``and the officer''.
----------
26. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee
Page 407, line 17, strike ``; and'' and insert a semicolon.
Page 407, line 22, strike ``.''.'' and insert ``; and''.
Page 407, after line 22, insert the following:
``(F) ensure that Department programs have in
place, implement, and enforce requirements and
obligations for regular and meaningful
consultation and collaboration with Tribes and
Tribal officials under Executive Order 13175
and to serve as the primary advisor to the
Secretary and other Department components
regarding violations of those requirements.''.
----------
27. An Amendment To Be Offered by Representative Morelle of New York or
His Designee
Page 705, after line 6, insert the following:
SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL ENVIRONMENTAL
POLICY ACT OF 1969 TO FEDERALLY FUNDED BUS
SHELTERS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall issue best practices
on the application of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) to federally funded bus shelters
to assist recipients of Federal funds in receiving exclusions
permitted by law.
----------
28. An Amendment To Be Offered by Representative Murphy of Florida or
Her Designee
Page 118, after line 22, insert the following:
(d) Improving Risk Based Stewardship and Oversight.--Not
later than 180 days after the date of enactment of this Act,
the Secretary shall reference U.S. DOT Office of Inspector
General Report No. ST2020035 and take the following actions to
improve the risk based stewardship and oversight of the
Department of Transportation:
(1) Update and implement Federal Highway
Administration's (FHWA) guidance for risk-based project
involvement to clarify the requirements for its project
risk-assessment process, including expectations for
conducting and documenting the risk assessment and
criteria to guide the reevaluation of project risks.
(2) Identify and notify Divisions about sources of
information that can inform the project risk-assessment
process.
(3) Update and implement FHWA's guidance for risk-
based project involvement to clarify how the link
between elevated risks and associated oversight
activities, changes to oversight actions, and the
results of its risk-based involvement should be
documented in project oversight plans.
(4) Develop and implement a process to routinely
monitor the implementation and evaluate the
effectiveness of FHWA's risk-based project involvement.
----------
29. An Amendment To Be Offered by Representative Napolitano of
California or Her Designee
Strike section 1604 of the bill (and redesignate the
subsequent sections accordingly).
----------
30. An Amendment To Be Offered by Representative Norcross of New Jersey
or His Designee
Page 469, after line 21, insert the following (and
redesignate accordingly):
(G) Labor organizations.
----------
31. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee
Page 61, after line 18, insert the following:
SEC. 107. ACCESSIBILITY OF PUBLIC TRANSPORTATION FOR RESIDENTS OF AREAS
OF CONCENTRATED POVERTY.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Transportation shall submit to
Congress a report that includes--
(1) a description of the unique challenges that
residents of areas of concentrated poverty face when
riding public transportation; and
(2) an assessment of how accessible public
transportation that receives Federal funds is for
residents of areas of concentrated poverty.
----------
32. An Amendment To Be Offered By Representative Peters of California
or his Designee
Page 554, after line 8, insert the following:
SEC. 2113. HOLD HARMLESS.
Notwithstanding any other provision of law, for fiscal
years 2021 and 2022, the Secretary of Transportation shall
allow project sponsors, at the request of such sponsor, to
submit ridership and service data and projections collected
before January 20, 2020 and projections based on that data to
determine project eligibility under section 5309 of title 49,
United States Code.
----------
33. An Amendment To Be Offered by Representative Porter of California
or Her Designee
Page 930, after line 7, insert the following (and
redesignate accordingly):
(2) To identify the impact that commercial vehicle
sizing, design, and safety measures have on women in
comparison to men, and to identify designs that may
improve the health and safety of women drivers.
----------
34. An Amendment To Be Offered by Representative Ruiz of California or
His Designee
Page 801, after line 4, insert the following (and
redesignate the subsequent subsection accordingly):
(e) School Bus Temperature Safety Study and Report.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall study and issue a report on the safety
implications of temperature controls in school buses. The study
and report shall include--
(1) an analysis of the internal temperature in school
buses without air condition in weather between 80 and
110 degrees Fahrenheit;
(2) the collection and analysis of data on
temperature-related injuries to students, including
heatstroke and dehydration;
(3) the collection of data on how many public school
districts currently operate buses without air
conditioning; and
(4) recommendations for preventing heat related
illnesses for children on school buses.
----------
35. An Amendment To Be Offered by Representative Schrier of Washington
or Her Designee
Page 609, after line 13, insert the following:
SEC. 2308. SPARE RATIO WAIVER.
Section 5323 of title 49, United States Code, is further
amended by adding at the end the following:
``(z) Spare Ratio Waiver.--The Federal Transit
Administration shall waive spare ratio policies for rolling
stock found in FTA Grant Management Requirements Circular
5010.1, FTA Circular 9030.1 providing Urbanized Area Formula
Program guidance, and other guidance documents for 2 years from
the date of enactment of this Act.''.
----------
36. An Amendment To Be Offered by Representative Scott of Virginia or
His Designee
Page 499, after line 22, insert the following:
SEC. 1632. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department should
utilize, to the fullest and most economically feasible extent
practicable, modeling and simulation technology to analyze
highway and public transportation projects authorized by this
Act to ensure that these projects--
(1) will increase transportation capacity and safety,
alleviate congestion, and reduce travel time and
environmental impacts; and (2) are as cost effective as
practicable.
----------
37. An Amendment To Be Offered by Representative Speier of California
or Her Designee
Page 628, line 22, strike ``or'' at the end.
Page 629, after line 2, insert the following:
(VII) a Federal Pell Grant
under section 401 of the Higher
Education Act of 1965 (20
U.S.C. 1070a); or
----------
38. An Amendment To Be Offered by Representative Swalwell of California
or His Designee
Page 74, line 21, insert ``or exercising an option on a
previously awarded contract,'' after ``awarding''.
----------
39. An Amendment To Be Offered by Representative Titus of Nevada or Her
Designee
On Page 724, after line 2, insert the following (and
redesignate subsequent paragraphs accordingly):
(3) in subsection (b)(3) by adding at the end the
following:
``(C) Minimum amount.--A State that is
eligible for funds under subparagraph (B),
shall use a minimum of 10 percent of such funds
to carry out the activities under paragraph
(4)(A)(v).'';
----------
40. An Amendment To Be Offered by Representative Titus of Nevada or Her
Designee
Page 740, line 15, strike ``and''.
Page 740, after line 15, insert the following:
(8) by amending subsection (h)(4) to read as follows:
``(4) Use of grant amounts.--Grant funds received by
a State under this subsection may be used for the
safety of pedestrians and bicyclists, including--
``(A) training of law enforcement officials
on pedestrian and bicycle safety, State laws
applicable to pedestrian and bicycle safety,
and infrastructure designed to improve
pedestrian and bicycle safety;
``(B) carrying out a program to support
enforcement mobilizations and campaigns
designed to enforce State traffic laws
applicable to pedestrian and bicycle safety;
``(C) public education and awareness programs
designed to inform motorists, pedestrians, and
bicyclists about--
``(i) pedestrian and bicycle safety,
including information on nonmotorized
mobility and the important of speed
management to the safety of pedestrians
and bicyclists;
``(ii) the value of the use of
pedestrian and bicycle safety
equipment, including lighting,
conspicuity equipment, mirrors, helmets
and other protective equipment, and
compliance with any State or local laws
requiring their use;
``(iii) State traffic laws applicable
to pedestrian and bicycle safety,
including motorists' responsibilities
towards pedestrians and bicyclists; and
``(iv) infrastructure designed to
improve pedestrian and bicycle safety;
and
``(D) data analysis and research concerning
pedestrian and bicycle safety; and''.
Page 740, line 16, strike ``(8)'' and insert ``(9)''.
----------
41. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee
Page 483, after line 7, insert the following:
(7) Outlining how Federal infrastructure planning,
design, engineering, construction, operation, and
maintenance impact the environment and public health of
disproportionately exposed communities. For purposes of
this paragraph, the term ``disproportionately exposed
communities'' means a community in which climate
change, pollution, or environmental destruction have
exacerbated systemic racial, regional, social,
environmental, and economic injustices by
disproportionately affecting indigenous peoples,
communities of color, migrant communities,
deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the
elderly, people experiencing homelessness, people with
disabilities, people who are incarcerated, or youth.
----------
42. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee
Page 319, line 22, strike the closing quotation marks and the
second period.
Page 319, after line 22, insert the following:
``(m) Public Comment.--Prior to issuing the notice of funding
opportunity for funding under this section for fiscal year
2022, the Secretary, in consultation with the Administrator of
the Environmental Protection Agency, shall solicit public
comment on the method of determining the significant reduction
in greenhouse gas emissions required under subsection (e).
``(n) Consultation.--Prior to making an award under this
section in a given fiscal year, the Secretary shall consult
with the Administrator of the Environmental Protection Agency
to determine which projects are expected to yield a significant
reduction in greenhouse gas emissions as required under
subsection (e).''.
----------
43. An Amendment To Be Offered by Representative Torres of California
or Her Designee
Page 499, after line 22, insert the following:
SEC. 1632. GAO STUDY ON PER-MILE USER FEE EQUITY.
(a) Establishment.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall carry out a study on the impact of equity issues
associated with per-mile user fee funding systems on the
surface transportation system.
(b) Contents.--The study under subsection (a) shall include
the following with respect to per-mile user fee systems:
(1) The financial, social, and other impacts of per-
mile user fee systems on individuals, including both
men and women drivers, low-income individuals, and
individuals of different races;
(2) The impact that access to alternative modes of
transportation, including public transportation, has in
carrying out per-mile user fee systems;
(3) The ability to access jobs and services, which
may include healthcare facilities, child care,
education and workforce training, food sources, banking
and other financial institutions, and other retail
shopping establishments;
(4) Equity issues for low-income individuals in urban
and rural areas; and
(5) Any differing impacts on passenger vehicles and
commercial vehicles.
(c) Inclusions.--In carrying out the study under subsection
(a), the Comptroller General shall include an analysis of the
following programs:
(1) The State surface transportation system funding
pilot program under section 6020 of the FAST Act; and
(2) The national surface transportation system
funding pilot under section 5402 of this Act.
(d) Report.--Not later than 2 years after the date of the
enactment after this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate, and make publicly available, a
report containing the results of the study under subsection
(a), including recommendations for how to equitably implement
per-mile user fee systems.
(e) Definitions.--
(1) Per-mile user fee.--The term ``per-mile user
fee'' means a revenue mechanism that--
(A) is applied to road users operating motor
vehicles on the surface transportation system;
and
(B) is based on the number of vehicle miles
traveled by an individual road user.
(2) Commercial vehicle.--The term ``commercial
vehicle'' has the meaning given the term commercial
motor vehicle in section 31101 of title 49, United
States Code.
Page 925, line 4, strike ``and'' at the end.
Page 925, line 6, strike the period at the end and insert
``and''.
Page 925, after line 6, insert the following:
(F) advocacy groups focused on equity.
Page 927, line 15, strike ``and'' at the end.
Page 927, line 19, strike the period at the end and insert
``; and''.
Page 927, after line 19, insert the following:
(4) equity effects of the pilot program, including
the effects of the program on low-income commuters.
----------
44. An Amendment To Be Offered by Representative Torres of California
or Her Designee
Page 499, after line 22, add the following:
SEC. 163_. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DOTS.
(a) Review Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall undertake
a review of the extent to which State departments of
transportation have in place best practices, standards, and
protocols designed to ensure equity considerations in
transportation planning, project selection, and project
delivery, including considerations of the diverse
transportation needs of low-income populations, minority
populations, women, and other diverse populations.
(b) Evaluation.--After the completion of the review under
subsection (a), the Comptroller General shall issue and make
available on a publicly accessible Website a report detailing--
(1) findings based on the review in subsection (a);
(2) a comprehensive set of recommendations for State
departments of transportation to improve equity
considerations, which may include model legislation,
best practices, or guidance; and
(3) any recommendations to Congress for additional
statutory authority needed to support State department
of transportation efforts to incorporate equity
considerations into transportation planning, project
selection, and project delivery.
(c) Report.--After completing the review and evaluation
required under subsections (a) and (b), and not later than 2
years after the date of enactment of this Act, the Comptroller
General shall make available on a publicly accessible Website,
a report that includes--
(1) findings based on the review conducted under
subsection (a);
(2) the outcome of the evaluation conducted under
subsection (b);
(3) a comprehensive set of recommendations to improve
equity considerations in the public transportation
industry, including recommendations for statutory
changes if applicable; and
(4) the actions that the Secretary of Transportation
could take to effectively address the recommendations
provided under paragraph (3).
Page 872, after line 24, add the following:
SEC. 511_ TRANSPORTATION EQUITY RESEARCH PROGRAM.
(a) In General.--The Secretary of Transportation shall carry
out a transportation equity research program for research and
demonstration activities that focus on the impacts that surface
transportation planning, investment, and operations have on
low-income populations, minority populations, women, and other
underserved populations that may be dependent on public
transportation. Such activities shall include research on
surface transportation equity issues, the development of
strategies to advance economic and community development in
public transportation-dependent populations, and the
development of training programs that promote the employment of
low-income populations, minority populations, women, and other
underserved populations on Federal-aid transportation projects
constructed in their communities.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $2,000,000 for each
of fiscal years 2022 through 2025.
(c) Availability of Amounts.--Amounts made available to the
Secretary to carry out this section shall remain available for
a period of 3 years beginning after the last day of the fiscal
year for which the amounts are authorized.
Page 934, after line 19, add the following:
SEC. 550_ GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Appropriations and
Committee on Transportation and Infrastructure of the House of
Representatives and the Committees on Environment and Public
Works; Appropriations; Banking, Housing, and Urban Affairs; and
Commerce, Science, and Transportation of the Senate a review of
the extent to which the Secretary is considering the needs of
and awarding funding through covered discretionary grant
programs to projects that serve--
(1) (A) low-income communities;
(2) minority communities; and
(3) populations that are underserved or have limited
transportation choices, including women.
(b) Recommendations.--The Comptroller General shall include
as part of the review under subsection (a) recommendations to
the Secretary on possible means to improve consideration of
projects that serve the unique needs of communities described
in subsection (a)(1).
(c) Definition of Covered Discretionary Grant Program.--For
purposes of this section, the term ``covered discretionary
grant programs'' means the Projects of National and Regional
Significance program under section 117 of title 23, the
Community Transportation Investment Grant program under section
173 of such title, the Community Climate Innovation Grant
program under section 172 of such title, and the grants for
fueling and charging infrastructure under section 151 of such
title.
----------
45. An Amendment To Be Offered by Representative Velazquez of New York
or Her Designee
Page 626, after line 25, insert the following:
``(E) A plan for a public awareness campaign
of the transit agency's ability to provide
reduced fares, including in foreign languages,
based on--
``(i) data from the Bureau of the
Census and be consistent with the local
area demographics where the transit
agency operates and will include the
languages that are most prevalent and
commonly requested for translation
services; or
``(ii) qualitative and quantitative
observation from community service
providers including those that provide
health and mental health services,
social services, transportation, and
other relevant social services.
Page 627, after line 19, insert the following:
``(7) Rule of construction.--Nothing in this section
shall be construed to limit the eligibility of an
applicant if a State, local, or Tribal governmental
entity provides reduced fair transportation to low-
income individuals.
Page 627, line 11, strike ``(7)'' and insert ``(8)''.
Page 629, line 11, strike ``(8)'' and insert ``(9)''.
----------
PART C--TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. An Amendment To Be Offered by Representative Cuellar of Texas or His
Designee
Page 1082, line 3, insert ``the challenges of grade crossings
located near international borders,'' after ``crossing
closures,''.
----------
2. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee
At the end of division H, add the following new section:
SEC. 40101. REQUIREMENTS FOR OWNERS AND OPERATORS OF EQUIPMENT OR
FACILITIES USED BY PASSENGER OR FREIGHT
TRANSPORTATION EMPLOYERS.
(a) Definitions.--In this section:
(1) At-risk employee.--The term ``at-risk employee''
means an employee (including a Federal employee) or
contractor of a passenger or freight transportation
employer--
(A) whose job responsibilities involve
interaction with--
(i) passengers;
(ii) the public; or
(iii) coworkers who interact with the
public;
(B) who handles items which are handled or
will be handled by the public; or
(C) who works in locations where social
distancing and other preventative measures with
respect to the Coronavirus Disease 2019 (COVID-
19) are not possible.
(2) Passenger or freight transportation employer.--
The term ``passenger or freight transportation
employer'' includes--
(A) the owner, charterer, managing operator,
master, or other individual in charge of a
passenger vessel (as defined in section 2101 of
title 46, United States Code);
(B) an air carrier (as defined in section
40102 of title 49, United States Code);
(C) a commuter authority (as defined in
section 24102 of title 49, United State Code);
(D) an entity that provides intercity rail
passenger transportation (as defined in section
24102 of title 49, United States Code);
(E) a rail carrier (as defined in section
10102 of title 49, United States Code);
(F) a regional transportation authority (as
defined in section 24102 of title 49, United
States Code);
(G) a provider of public transportation (as
defined in section 5302 of title 49, United
States Code);
(H) a provider of motorcoach services (as
defined in section 32702 of the Motorcoach
Enhanced Safety Act of 2012 (49 U.S.C. 31136
note; Public Law 112-141));
(I) a motor carrier that owns or operates
more than 100 motor vehicles (as those terms
are defined in section 390.5 of title 49, Code
of Federal Regulations (or successor
regulations));
(J) a sponsor, owner, or operator of a
public-use airport (as defined in section 47102
of title 49, United States Code);
(K) a marine terminal operator (as defined in
section 40102 of title 46, United States Code)
and the relevant authority or operator of a
port or harbor;
(L) the Transportation Security
Administration, exclusively with respect to
Transportation Security Officers; and
(M) a marine terminal operator (as defined in
section 40102 of title 46, United States Code)
and the relevant authority or operator of a
port or harbor, or any other employer of
individuals covered under section 2(3) of the
Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 902(3)).
(b) Requirements.--For the purposes of responding to, or for
purposes relating to operations during the national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) related to the pandemic of SARS-4CoV-2
or coronavirus disease 2019 (COVID-19), the Secretary shall
require--
(1) the owners or operators of equipment, stations,
or facilities used by passenger or freight
transportation employers, as applicable--
(A) to clean, disinfect, and sanitize, in
accordance with guidance issued by the Centers
for Disease Control and Prevention, the
equipment and facilities, including, as
applicable--
(i) buses;
(ii) commercial motor vehicles;
(iii) freight and passenger rail
locomotives;
(iv) freight and passenger rail cars;
(v) vessels;
(vi) airports;
(vii) fleet vehicles used for the
transportation of workers to job sites;
(viii) aircraft, including the
cockpit and the cabin; and
(ix) other equipment and facilities;
(B) to ensure that stations and facilities,
including enclosed facilities, owned, operated,
and used by passenger or freight transportation
employers, including facilities used for
employee training or the performance of indoor
or outdoor maintenance, repair, or overhaul
work, are disinfected and sanitized frequently
in accordance with guidance issued by the
Centers for Disease Control and Prevention;
(C) to provide to at-risk employees--
(i) masks or protective face
coverings;
(ii) gloves;
(iii) hand sanitizer;
(iv) sanitizing wipes with sufficient
alcohol content; and
(v) training on the proper use of
personal protective equipment and
sanitizing equipment;
(D) to ensure that employees whose job
responsibilities include the cleaning,
disinfecting, or sanitizing described in
subparagraph (A) or (B) are provided--
(i) masks or protective face
coverings;
(ii) gloves;
(iii) hand sanitizer; and
(iv) sanitizing wipes with sufficient
alcohol content;
(E) to establish guidelines, or adhere to any
existing applicable guidelines, for notifying
an employee of the owner or operator of a
confirmed diagnosis of the Coronavirus Disease
2019 (COVID-19) with respect to any other
employee of the owner or operator with whom the
notified employee had physical contact or a
physical interaction during the 48-hour period
preceding the time at which the diagnosed
employee developed symptoms;
(F) to require that passengers and cabin crew
members wear masks or protective face coverings
while in or using a passenger aircraft of an
air carrier;
(G) to require each flight crew member to
wear a mask or protective face covering while
on board an aircraft and outside the flight
deck; and
(H) ensure that each contractor of an owner
or operator identified under this paragraph
provides masks or protective face coverings,
gloves, hand sanitizer, and sanitizing wipes
with sufficient alcohol content, to employees
of such contractor whose job responsibilities
include the cleaning, disinfecting, or
sanitizing described in subparagraph (A) or
(B).
(2) an air carrier to submit to the Administrator of
the Federal Aviation Administration a proposal to
permit flight crew members to wear masks or protective
face coverings in the flight deck, including a safety
risk assessment with respect to that proposal.
(c) Market Unavailability of Necessary Items.--
(1) Notice of market unavailability.--
(A) In general.--If an owner or operator
described in paragraph (1) of subsection (b) is
unable to acquire 1 or more items necessary to
comply with the requirements prescribed under
that paragraph due to market unavailability of
the items, the owner or operator shall--
(i) not later than 7 days after the
date on which the owner or operator is
unable to acquire each applicable item,
submit to the Secretary a written
notice explaining the efforts made and
obstacles faced by the owner or
operator to acquire that item; and
(ii) continue making efforts to
acquire that item until the item is
acquired.
(B) Updated notice with respect to the same
item.--If an owner or operator is unable to
acquire an item described in a notice submitted
under subparagraph (A) by the date described in
paragraph (4)(B)(ii) with respect to the
notice, the owner or operator may submit an
updated notice with respect to that item.
(2) Reasonable effort determination.--With respect to
each notice submitted under paragraph (1), the
Secretary shall determine whether the owner or operator
submitting the notice has made reasonable efforts to
acquire the item described in the notice.
(3) Notice of compliance.--Not later than 7 days
after the date on which an owner or operator acquires
an item described in a notice submitted by that owner
or operator under paragraph (1) in a quantity
sufficient to comply with the requirements prescribed
under subsection (b)(1), the owner or operator shall
submit to the Secretary a written notice of compliance
with those requirements.
(4) List of owners and operators making reasonable
efforts to acquire unavailable items.--
(A) In general.--The Secretary shall publish
on a public website of the Department of
Transportation a list that, with respect to
each notice submitted to the Secretary under
paragraph (1) for which the Secretary has made
a positive determination under paragraph (2)--
(i) identifies the owner or operator
that submitted the notice;
(ii) identifies the item that the
owner or operator was unable to
acquire; and
(iii) describes the reasonable
efforts made by the owner or operator
to acquire that item.
(B) Removal from list.--The Secretary shall
remove each entry on the list described in
subparagraph (A) on the earlier of--
(i) the date on which the applicable
owner or operator submits to the
Secretary a notice of compliance under
paragraph (3) with respect to the item
that is the subject of the entry; and
(ii) the date that is 90 days after
the date on which the entry was added
to the list.
(d) Protection of Certain Federal Aviation Administration
Employees.--
(1) In general.--For the purposes of responding to,
or for purposes relating to operations during the
national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.)
related to the pandemic of SARS-4CoV-2 or coronavirus
disease 2019 (COVID-19), in order to maintain the safe
and efficient operation of the air traffic control
system, the Administrator of the Federal Aviation
Administration shall--
(A) provide any air traffic controller and
airway transportation systems specialist of the
Federal Aviation Administration with masks or
protective face coverings, gloves, and hand
sanitizer and wipes of sufficient alcohol
content, and provide training on the proper use
of personal protective equipment and sanitizing
equipment;
(B) ensure that each air traffic control
facility is cleaned, disinfected, and sanitized
frequently in accordance with Centers for
Disease Control and Prevention guidance; and
(C) provide any employee of the Federal
Aviation Administration whose job
responsibilities involve cleaning,
disinfecting, and sanitizing a facility
described in subparagraph (B) with masks or
protective face coverings and gloves, and
ensure that each contractor of the Federal
Aviation Administration provides any employee
of the contractor with those materials.
(2) Source of equipment.--The items described in
paragraph (1)(A) may be procured or provided under that
paragraph through any source available to the
Administrator of the Federal Aviation Administration.
----------
3. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee
At the end of title I of division D, add the following:
SEC. 9107. NORTH RIVER TUNNEL SHUTDOWN CONTINGENCY ASSESMENT.
Not later than 60 days after the date of enactment of this
Act, the Secretary of Transportation shall publish a report
that explains--
(1) the contingency plan of the Department of
Transportation, in coordination with other relevant
Federal agencies, detailing a specific plan of action
in the case of a shutdown of the North River Tunnel
under the Hudson River and that addresses issues
including ensuring commuters, tourists, and others will
maintain the ability to travel between New Jersey and
New York and throughout the region; and
(2) the contingency plan of the Department of
Transportation, in coordination with other relevant
Federal agencies, detailing a specific plan of action
to ensure minimal disruption to, and negative impact on
national security, the economy, public health, the
environment, and property values.
----------
4. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee
Page 499, after line 22, add the following:
SEC. __. REPORT ON COVID-RELATED FUNDING FOR AVIATION SECTOR.
Not later than 45 days after the date of enactment of this
Act, the Secretary of Transportation shall direct the
Administrator of the Federal Aviation Administration to issue a
report within 60 days to the House and Senate Committees of
jurisdiction on specific sectors of the airport system of
infrastructure that have yet to receive any COVID-related
funding, and provide a plan for prioritizing these unfunded
areas for the next round of funding.
----------
5. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee
Page 1098, line 7, strike ``4.5 percent'' and insert ``5
percent''.
----------
6. An Amendment To Be Offered by Representative Kaptur of Ohio or Her
Designee
Page 1032, after line 19, insert the following:
SEC. 9221. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Amtrak received $1,018,000,000 in aid from
Congress as part of the CARES Act, to help Amtrak and
its state partners respond to the drastic drop in
demand caused by the coronavirus pandemic.
(2) The CARES Act also included a provision requiring
that, for any employee who is furloughed as a result of
the pandemic, Amtrak provide such employee the
opportunity to return to the job as service ramps back
up, thereby helping prevent the health crisis from
being a reason to outsource work.
(3) Amtrak has requested additional funds to help it
respond to the continued loss of passenger demand while
also announcing plans to permanently cut 20 percent of
its workforce, which could hinder its ability to serve
the Amtrak national passenger rail system, including
its long-distance routes, now and in the future.
(4) Additionally, Amtrak recently announced its
intention to eliminate daily service on most of its
long-distance routes, leaving only one long-distance
route to operate daily. These reductions are set to
begin October 1, 2020.
(5) Estimates indicate the plan to decrease service
would drastically impact as many as 461 stations.
(6) If the service disruptions are implemented, the
passengers served by these long-distance trains would
be disconnected from a critical transportation option,
and these communities would lose important economic
contributions generated by this service. These cuts
would also impact the lives of Amtrak employees whose
work contributes to the operation of these trains.
(7) Amtrak has not provided Congress, the public at
large, or its workforce, sufficient notice or
explanation of its plan to restore service to
communities served by long-distance routes.
(b) Sense of Congress.--Congress is concerned by the recent
announcements from Amtrak that it intends to reduce its
workforce and its daily long-distance train service and calls
on Amtrak to provide assurance about the future of the
passenger rail network and its employees.
----------
7. An Amendment To Be Offered by Representative Kilmer of Washington or
His Designee
Page 1101, line 17, insert ``general aviation airport that is
designated as a Federal staging area by the Federal Emergency
Management Agency or a'' before ``nonhub''.
----------
8. An Amendment To Be Offered by Representative Lamb of Pennsylvania or
His Designee
At the end of title III of division G, add the following
subtitle:
Subtitle E--Ohio River Basin
SEC. 33501. INTERAGENCY PLAN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Army, acting
through the Chief of Engineers, in coordination with the head
of each agency described in subsection (d), shall develop and
issue an interagency plan for the agencies described in
subsection (d) to assist States, Indian tribes, and communities
in the Ohio River Basin in preparing for, and responding to,
the effects of climate change, including by--
(1) informing such States, Indian tribes, and
communities of existing Federal resources available to
such States, Indian tribes, and communities, based on
the analysis described in subsection (b)(2); and
(2) providing assistance through the Environmental
Protection Agency's Smart Growth Program, the Federal
Emergency Management Agency's Pre-Disaster Mitigation
Grant Program, the Department of Housing and Urban
Development's Community Development Block Grant
program, the Economic Development Administration of the
Department of Commerce, and the Department of
Agriculture, to such States, Indian tribes, and
communities to help them prepare for extreme weather,
major floods, rising temperatures, and potential
economic losses from such threats.
(b) Development.--In developing the interagency plan under
subsection (a), Secretary of the Army, acting through the Chief
of Engineers, in coordination with the head of each agency
described in subsection (d), shall--
(1) consult with States, Indian tribes, and
communities in the Ohio River Basin that may be
affected by climate change; and
(2) include in such interagency plan--
(A) identification of the particular needs of
such States, Indian tribes, and communities in
order for such States, Indian tribes, and
communities to adequately prepare for, and
respond to, the effects of climate change; and
(B) an analysis of--
(i) the availability of existing and
potential Federal resources, including
programs, grants, loans, and other
assistance, that the agencies described
in subsection (d) may provide to assist
States, Indian tribes, and communities
in the Ohio River Basin in preparing
for, and responding to, the effects of
climate change (including assistance in
building or modernizing
infrastructure), including--
(I) Corps of Engineers
resources related to--
(aa) modernizing and
hardening levees,
floodwalls, and flood
control projects for
more extreme weather
flooding events;
(bb) restoring
wetlands so that such
wetlands may absorb
rain;
(cc) reconnecting
floodplains to rivers
in order to allow for
natural flood storage;
(dd) developing a
basin-wide water
management plan, in
collaboration with the
Department of
Agriculture, Tennessee
Valley Authority, and
water management
agencies of the States
in the Ohio River
Basin; and
(ee) updating and
modernizing operations
manuals for dams and
reservoirs operated by
the Corps of Engineers
to account for future
water risks,
precipitation, flow
patterns, and usage;
(II) Environmental Protection
Agency resources and Department
of Agriculture resources
related to modernizing drinking
water and wastewater treatment
and stormwater management;
(III) Department of
Transportation resources
related to raising or hardening
critical transportation
infrastructure that may be
vulnerable to flooding;
(IV) United States Geological
Survey resources and
Environmental Protection Agency
resources related to water
quality and flow discharge
monitoring and modeling; and
(V) Federal Emergency
Management Agency resources
related to updating and
modernizing flood hazard maps
to incorporate the latest
science and future risk
projections; and
(ii) the limitations of existing
Federal resources that the agencies
described in subsection (d) may so
provide, including--
(I) the limitations of such
resources in meeting the
particular needs of such
States, Indian tribes, and
communities identified under
subparagraph (A); and
(II) recommendations--
(aa) for Congress
regarding any statutory
changes regarding
existing Federal
programs, or additional
Federal funding, that
the agencies determine
are necessary to assist
such States, Indian
tribes, and communities
in preparing for, and
responding to, the
effects of climate
change; and
(bb) for additional
Federal, State, and
local resources that
the agencies determine
are necessary to so
assist such States,
Indian tribes, and
communities.
(c) Publication and Implementation.--
(1) Publication.--Upon issuance of the interagency
plan developed under subsection (a), the plan shall be
published on the public internet website of--
(A) the Environmental Protection Agency;
(B) the Assistant Secretary of the Army for
Civil Works; and
(C) the Great Lakes and Ohio River Division
of the Corps of Engineers.
(2) Deadline.--Not later than 30 days after the
interagency plan developed under subsection (a) is
issued, each head of an agency described in subsection
(d) shall implement such interagency plan.
(3) Technical assistance.--In implementing the
interagency plan developed under subsection (a), the
heads of the agencies described in subsection (d) shall
provide technical assistance and expertise to States,
Indian tribes, and communities in the Ohio River Basin.
(d) Agencies Described.--The agencies described in this
subsection are as follows:
(1) The Corps of Engineers.
(2) The Environmental Protection Agency.
(3) The National Oceanic and Atmospheric
Administration.
(4) The Department of the Interior.
(5) The Department of Agriculture.
(6) The Department of Transportation.
(7) The Federal Emergency Management Agency.
(8) The United States Geological Survey.
(9) The Department of Housing and Urban Development.
(10) The Department of Commerce.
SEC. 33502. REPORT ON IMPACTS OF CLIMATE CHANGE ON ELECTRIC UTILITIES.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Energy shall publish, on the public
internet website of the Department of Energy, a report that
includes--
(1) an analysis of--
(A) the potential vulnerabilities of electric
utilities that are located in, or serve
electric consumers in, the Ohio River Basin, to
climate change and extreme weather; and
(B) the impacts of climate change and extreme
weather on such electric utilities; and
(2) recommendations and technical assistance, as
appropriate, to assist such electric utilities in
preparing for climate change and extreme weather.
SEC. 33503. DEFINITION.
In this subtitle, the term ``Ohio River Basin'' means the
Ohio River Basin as identified in the Corps of Engineers' study
titled ``Ohio River Basin-Formulating Climate Change
Mitigation/Adaptation Strategies through Regional Collaboration
with the ORB Alliance'' (May 2017).
----------
9. An Amendment To Be Offered by Representative Lawrence of Michigan or
Her Designee
Page 1854, after line 18, insert the following:
(g) Report on Affordability, Discrimination, and Civil Rights
Violations, and Data Collection.--
(1) Study.--
(A) In general.--The Comptroller General of
the United States shall conduct a study on
water and sewer services, in accordance with
this subsection.
(B) Affordability.--In conducting the study
under paragraph (1), the Comptroller shall
study water affordability nationwide,
including--
(i) rates for water and sewer
services, increases in such rates
during the ten-year period preceding
such study, and water service
disconnections due to unpaid water
service charges; and
(ii) the effectiveness of funding
under section 1452 of the Safe Drinking
Water Act and under section 601 of the
Federal Water Pollution Control Act for
promoting affordable, equitable,
transparent, and reliable water and
sewer service.
(C) Discrimination and civil rights.--In
conducting the study under paragraph (1), the
Comptroller, in collaboration with the Civil
Rights Division of the Department of Justice,
shall study--
(i) discriminatory practices of water
and sewer service providers; and
(ii) violations by such service
providers that receive Federal
assistance of civil rights under title
VI of the Civil Rights Act of 1964 with
regard to equal access to water and
sewer services.
(D) Data collection.--In conducting the study
under paragraph (1), the Comptroller shall
collect information, assess the availability of
information, and evaluate the methodologies
used to collect information, related to--
(i) people living without water or
sewer services;
(ii) water service disconnections due
to unpaid water service charges,
including disconnections experienced by
households containing children, elderly
persons, disabled persons, chronically
ill persons, or other vulnerable
populations; and
(iii) disparate effects, on the basis
of race, gender, or socioeconomic
status, of water service disconnections
and the lack of public water service.
(2) Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller shall submit
to Congress a report that contains--
(A) the results of the study conducted under
subsection (a)(1); and
(B) recommendations for utility companies,
Federal agencies, and States relating to such
results.
----------
10. An Amendment To Be Offered by Representative Lewis of Georgia or
His Designee
Page 1103, after line 5, insert the following:
SEC. 10105. CHANGES IN AIRPORT SPONSORSHIP OR OPERATIONS.
Section 44706 of title 49, United States Code, is amended--
(1) by redesignating subsection (f) as subsection
(h); and
(2) by inserting after subsection (e) the following:
``(f) Change of Airport Sponsorship or Operations.--
``(1) Undisputed change of airport sponsorship or
operations.--Except as provided for in paragraph (2),
for a proposed transfer of the sponsorship or
operations of an airport to a new sponsor or operator,
the Administrator shall issue an airport operating
certificate to a new sponsor or operator if--
``(A) the holder of the airport operating
certificate for such airport consents to the
transfer of sponsorship or operations; and
``(B) the new sponsor or operator satisfies
all requirements for obtaining a certificate
under this section.
``(2) Disputed change of airport sponsorship or
operations.--For a proposed transfer of the sponsorship
or operations of an airport to a new sponsor or
operator for which the holder of the airport operating
certificate disputes such transfer, the Administrator
shall issue an airport operating certificate to the new
sponsor if the new sponsor or operator satisfies all
requirements for obtaining a certificate under this
section and the dispute is resolved by--
``(A) the issuance of a final, non-appealable
judicial decision requiring a change of
sponsorship or operations; or
``(B) the issuance of a consent letter
between the holder of an airport operating
certificate and a new sponsor or operator.
``(g) Reimbursement of Airport Investment.--After a change in
sponsorship or operations under subsection (f), the new airport
sponsor or operator shall reimburse the previous holder of an
airport operating certificate for investments made by such
holder that have not been fully recouped as of the change in
airport sponsorship or operations and such reimbursement shall
be consistent with all policies and procedures of the Federal
Aviation Administration.''.
----------
11. An Amendment To Be Offered by Representative Lynch of Massachusetts
or His Designee
At the end of division E, add the following:
SEC. __. JOINT TASK FORCE ON AIR TRAVEL.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation, the
Secretary of Homeland Security, and the Secretary of Health and
Human Services shall establish a Joint Task Force on Air Travel
During and After the COVID-19 Public Health Emergency (in this
section referred to as the ``Joint Task Force'').
(b) Duties.--
(1) In general.--The Joint Task Force shall develop
recommended requirements, plans, and guidelines to
address the health, safety, security, and logistical
issues relating to the continuation of air travel
during the COVID-19 Public Health Emergency, and with
respect to the resumption of full operations at
airports and increased passenger air travel after the
COVID-19 Public Health Emergency ends. The Joint Task
Force shall develop, at a minimum, recommended
requirements, plans, and guidelines, as appropriate,
with respect to each of the applicable periods
described in paragraph (2) for--
(A) reforming airport, air carrier, security,
and other passenger air travel-related
operations, including passenger queuing,
passenger security screening, boarding,
deplaning, and baggage handling procedures, as
a result of--
(i) current and anticipated changes
to passenger air travel during the
COVID-19 Public Health Emergency and
after that emergency ends; and
(ii) anticipated changes to passenger
air travel as a result of the projected
seasonal recurrence of the coronavirus;
(B) mitigating the public health and economic
impacts of the COVID-19 Public Health Emergency
and the projected seasonal recurrence of the
coronavirus on airports and passenger air
travel, including through the use of personal
protective equipment for passengers and
employees, the implementation of strategies to
promote overall passenger and employee safety,
and the accomodation of social distancing, as
necessary;
(C) addressing the privacy and civil liberty
concerns created by passenger health
screenings, contact-tracing, or any other
process for monitoring the health of
individuals engaged in health travel; and
(D) operating procedures to manage future
public health crises affecting air travel.
(2) Applicable periods.--For purposes of paragraph
(1), the applicable periods are the following:
(A) The period beginning with the date of the
first meeting of the Joint Task Force and
ending with the date on which the COVID-19
Public Health Emergency ends.
(B) The 1-year period beginning on the day
after the period described in subparagraph (A)
ends.
(c) Requirements.--
(1) In general.--In developing the recommended
requirements, plans, and guidelines under subsection
(b), and prior to including them in the final report
required under subsection (f)(2), the Joint Task Force
shall--
(A) consider the consensus recommendations of
the Advisory Committee established under
subsection (e);
(B) conduct cost-benefit evaluations;
(C) consider funding constraints; and
(D) use risk-based decision-making.
(2) International consultation.--The Joint Task Force
shall consult, as practicable, with relevant
international entities and operators, including the
International Civil Aviation Organization, towards the
goal of maximizing the harmonization of recommended
requirements, plans, and guidelines for air travel
during and after the COVID-19 Public Health Emergency.
(d) Membership.--
(1) Chair.--The Secretary of Transportation (or the
Secretary's designee) shall serve as the Chair of the
Joint Task Force.
(2) Vice chair.--The Secretary of Health and Human
Services (or the Secretary's designee) shall serve as
Vice Chair of the Joint Task Force.
(3) Other members.--In addition to the Chair and Vice
Chair, the members of the Joint Task Force shall
include representatives of the following:
(A) The Department of Transportation.
(B) The Department of Homeland Security.
(C) The Department of Health and Human
Services.
(D) The Federal Aviation Administration.
(E) The Transportation Security
Administration.
(F) United States Customs and Border
Protection.
(G) The Centers for Disease Control and
Prevention.
(H) The Occupational Safety and Health
Administration.
(I) The National Institute for Occupational
Safety and Health.
(J) The Pipeline and Hazardous Materials
Safety Administration.
(K) The Department of State.
(L) The Environmental Protection Agency.
(e) Advisory Committee.--
(1) Establishment.--Not later than 15 days after the
date on which the Joint Task Force is established under
subsection (a), the Secretary of Transportation, in
consultation with the Secretary of Homeland Security
and the Secretary of Health and Human Services, shall
establish a Joint Federal Advisory Committee to advise
the Joint Task Force (in this section referred to as
the ``Advisory Committee'').
(2) Membership.--The members of the Advisory
Committee shall include representatives of the
following:
(A) Airport operators designated by the
Secretary of Transportation in consultation
with the Secretary of Homeland Security.
(B) Air carriers designated by the Secretary
of Transportation in consultation with the
Secretary of Homeland Security.
(C) Aircraft and aviation manufacturers
designated by the Secretary of Transportation.
(D) Labor organizations representing aviation
industry workers, including pilots, flight
attendants, maintenance, mechanics, air traffic
controllers, and safety inspectors, designated
by the Secretary of Transportation.
(E) Public health experts designated by the
Secretary of Health and Human Services.
(F) Consumers and air passenger rights
organizations designated by the Secretary of
Transportation in consultation with Secretary
of Homeland Security.
(G) Privacy and civil liberty organizations
designated by the Secretary of Homeland
Security.
(H) Manufacturers and integrators of air
passenger screening and identity verification
technologies designated by the Secretary of
Homeland Security.
(I) Trade associations representing air
carriers, including, major air carriers, low
cost carriers, regional air carriers, cargo air
carriers, and foreign air carriers, designated
by the Secretary of Transportation in
consulation with the Secretary of Homeland
Security.
(J) Trade associations representing airport
operators designated by the Secretary of
Transportation in consultation with the
Secretary of Homeland Security.
(3) Vacancies.--Any vacancy in the membership of the
Advisory Committee shall not affect its
responsibilities, but shall be filled in the same
manner as the original appointment and in accordance
with the Federal Advisory Committee Act (5 U.S.C.
App.).
(4) Duties.--
(A) In general.--The Advisory Committee shall
develop and submit policy recommendations to
the Joint Task Force regarding the recommended
requirements, plans, and guidelines to be
developed by the Joint Task Force under
subsection (b).
(B) Publication.--Not later than 14 days
after the date on which the Advisory Committee
submits policy recommendations to the Joint
Task Force in accordance with subparagraph (A),
the Secretary of Transportation shall publish
the policy recommendations on a publicly
accessible website.
(5) Prohibition on compensation.--The members of the
Advisory Committee shall not receive any compensation
from the Federal Government by reason of their service
on the Advisory Committee.
(f) Briefings and Reports.--
(1) Preliminary briefings.--As soon as practicable,
but not later than 6 months after the establishment of
the Joint Task Force, the Joint Task Force shall begin
providing preliminary briefings for Congress on the
status of the development of the recommended
requirements, plans, and guidelines under subsection
(b). The preliminary briefings shall include interim
versions, if any, of the Joint Task Force's
recommendations.
(2) Final report.--
(A) Deadline.--As soon as practicable, but
not later than 18 months after the date of
enactment of this Act, the Joint Task Force
shall submit to Congress a final report.
(B) Content.--The final report under
subparagraph (A) shall include the following:
(i) All of the recommended
requirements, plans, and guidelines
developed by the Joint Task Force.
(ii) A description of any actions
taken by the Federal Government as a
result of such recommendations.
(g) Termination.--The Joint Task Force and Advisory Committee
shall terminate 30 days after the date on which the Joint Task
Force submits the final report required under subsection
(f)(2).
(h) Definition.--In this section, the term ``COVID-19 Public
Health Emergency'' means the public health emergency first
declared on January 31, 2020, by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) with respect to COVID-19 and includes any
renewal of such declaration pursuant to such section 319.
----------
12. An Amendment To Be Offered by Representative McNerney of California
or His Designee
Page 1003, line 16, strike ``operating and capital
forecasting'' and insert``operation, ridership, capital
forecasting, station staffing projections,''.
----------
13. An Amendment To Be Offered by Representative Meng of New York or
Her Designee
Page 947, after line 7, insert the following:
SEC. 6011. RAIL COVERING.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Railroad Administration
shall issue such regulations as are necessary to require
municipal waste transported by rail to be completely covered
while in transit, including while being held, delayed, or
transferred.
----------
14. An Amendment To Be Offered by Representative Morelle of New York or
His Designee
Page 986, line 18, strike the closing quotation marks and the
final period and insert the following:
``(o) Buy America.--
``(1) In general.--In awarding direct loans or loan
guarantees under this section, the Secretary shall
require each recipient to comply with section 22905(a)
of title 49, United States Code.
``(2) Specific compliance.--Notwithstanding paragraph
(1), the Secretary shall require--
``(A) Amtrak to comply with section 24305(f)
of title 49, United States Code; and
``(B) a commuter authority (as defined in
section 24102 of title 49, United States Code),
as applicable, to comply with section 5320 of
title 49, United States Code.''.
----------
15. An Amendment To Be Offered by Representative Morelle of New York or
His Designee
Page 1714, after line 2, insert the following new section:
SEC. 60016. GAO STUDY OF FLOOD DISASTER ASSISTANCE INEQUITIES.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the accessibility of the Federal
Emergency Management Agency's Public Assistance, Individual
Assistance, and other relevant flood disaster assistance
programs and shall identify barriers to access based on race,
ethnicity, language, and income level. The study shall identify
inequities in--
(1) the Agency's core mission of response;
(2) the Agency's core mission of recovery; and
(3) the Agency's implementation of the Public
Assistance and Individual Assistance programs.
(b) Report.--Not later than the expiration of the 1-year
period beginning on the date of the enactment of this Act, the
Comptroller General shall submit a report to the Congress
setting forth the results and conclusions of the study under
subsection (a).
----------
16. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee
Page 972, line 17, strike ``and''.
Page 972, strike lines 18 through 19 and insert the
following:
``(iv) the ability to meet existing,
anticipated, or induced passenger or
service demand; and
``(v) projected effects on regional
and local economies along the corridor,
including increased competitiveness,
productivity, efficiency, and economic
development;
----------
17. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee
Page 990, after line 5, insert the following:
SEC. 9107. ADVANCE ACQUISITION.
(a) In General.--Chapter 242 of title 49, United States Code,
is amended by inserting the following after section 24202:
``SEC. 24203. ADVANCE ACQUISITION.
``(a) Rail Corridor Preservation.--The Secretary may allow a
recipient of a grant under chapter 229 for a passenger rail
project to acquire right-of-way and adjacent real property
interests before or during the completion of the environmental
reviews for a project that may use such property interests if
the acquisition is otherwise permitted under Federal law.
``(b) Certification.--Before authorizing advance acquisition
under this section, the Secretary shall verify that--
``(1) the recipient has authority to acquire the real
property interest;
``(2) the acquisition of the real property interest--
``(A) is for a transportation purpose;
``(B) will not cause significant adverse
environmental impact;
``(C) will not limit the choice of reasonable
alternatives for the proposed project or
otherwise influence the decision of the
Secretary on any approval required for the
project;
``(D) does not prevent the lead agency from
making an impartial decision as to whether to
accept an alternative that is being considered;
``(E) complies with other applicable Federal
laws and regulations; and
``(F) will not result in elimination or
reduction of benefits or assistance to a
displaced person required by the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.) and title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq).
``(c) Environmental Reviews.--
``(1) Completion of nepa review.--Before authorizing
Federal funding for an acquisition of a real property
interest, the Secretary shall complete all review
processes otherwise required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), section 4(f) of the Department of Transportation
Act of 1966 (49 U.S.C. 303), and Section 106 of the
National Historic Preservation Act (16 U.S.C. 470f)
with respect to the acquisition.
``(2) Timing of development acquisition.--A real
property interest acquired under subsection (a) may not
be developed in anticipation of the proposed project
until all required environmental reviews for the
project have been completed.''.
(b) Clerical Amendment.--The table of sections for chapter
242 of title 49, United States Code, is amended by inserting
after the item relating to section 24202 the following new
item:
``Sec. 24203. Advance acquisition.''.
----------
18. An Amendment To Be Offered by Representative Napolitano of
California or Her Designee
Page 499, after line 6, insert the following:
SEC. 1631. USE OF REVENUES.
(a) Written Assurances on Use of Revenue.--Section 47107(b)
of title 49, United States Code, is amended--
(1) in each of paragraphs (1) and (2) by striking
``local taxes'' and inserting ``local excise taxes'';
(2) in paragraph (3) by striking ``State tax'' and
inserting ``State excise tax''; and
(3) by adding at the end the following:
``(4) This subsection does not apply to State or local
general sales taxes nor to State or local generally applicable
sales taxes.''.
(b) Restriction on Use of Revenues.--Section 47133 of title
49, United States Code, is amended--
(1) in subsection (a) in the matter preceding
paragraph (1) by striking ``Local taxes'' and inserting
``Local excise taxes'';
(2) in subsection (b)(1) by striking ``local taxes''
and inserting ``local excise taxes'';
(3) in subsection (c) by striking ``State tax'' and
inserting ``State excise tax''; and
(4) by adding at the end the following:
``(d) Limitation on Applicability.--This subsection does not
apply to--
``(1) State or local general sales taxes; or
``(2) State or local generally applicable sales
taxes.''.
----------
19. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee
Page 1094, after line 24, insert the following:
SEC. 9558. REPORT ON SUPPLEMENTARY SAFETY MEASURES REQUIRED FOR QUIET
ZONES.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Railroad Administration
shall--
(1) submit to Congress a report on the additional
Supplementary Safety Measures and Alternative Safety
Measures researched by the Railroad Research and
Development program of the Federal Railroad
Administration that can be used to qualify for a Quiet
Zone or Partial Quiet Zone; and
(2) include in the report submitted under paragraph
(1)--
(A) a summary of the Supplementary Safety
Measures and Alternative Safety Measures that
communities have requested approval from the
Federal Railroad Administrator to implement;
and
(B) an explanation for why such requests were
not granted.
----------
20. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee
Page 499, after line 22, insert the following:
SEC. 1632. CLIMATE RESILIENCY REPORT BY GAO.
(a) In General.--Not later than 1 year after the date of
enactment of this Act and every 5 years thereafter, the
Comptroller General shall evaluate and issue a report to
Congress on the economic benefits, including avoided impacts on
property and life, of the use of model, consensus-based
building codes, standards, and provisions that support
resilience to climate risks and impacts, including--
(1) flooding;
(2) wildfires;
(3) hurricanes;
(4) heat waves;
(5) droughts;
(6) rises in sea level; and
(7) extreme weather.
(b) Report Issues.--The report required under subsection (a)
shall include the following:
(1) Assesses the status of adoption of building
codes, standards, and provisions within the States,
territories, and tribes at the State or jurisdictional
level; including whether the adopted codes meet or
exceed the most recent published edition of a national,
consensus-based model code.
(2) Analysis of the extent to which pre-disaster
mitigation measures provide benefits to the nation and
individual States, territories and tribes, including--
(A) an economic analysis of the benefits to
the design and construction of new resilient
infrastructure;
(B) losses avoided, including economic
losses, number of structures (buildings, roads,
bridges), and injuries and deaths by utilizing
building codes and standards that prioritize
resiliency; and
(C) an economic analysis of the benefits to
using hazard resistant building codes in
rebuilding and repairing infrastructure
following a disaster.
(3) An assessment of the building codes and standards
referenced or otherwise currently incorporated into
Federal policies and programs, including but not
limited to grants, incentive programs, technical
assistance and design and construction criteria,
administered by the Federal Emergency Management Agency
(FEMA), and--
(A) the extent to which such codes and
standards contribute to increasing climate
resiliency;
(B) Recommendations for how FEMA could
improve their use of codes and standards to
prepare for climate change and address
resiliency in housing, public buildings, and
infrastructure such as roads and bridges; and
(C) how FEMA could increase efforts to
support the adoption of hazard resistant codes
by the States, territories, and tribes.
(4) Recommendations for FEMA on how to better
incorporate climate resiliency into efforts to rebuild
after natural disasters.
----------
21. An Amendment To Be Offered by Representative Panetta of California
or His Designee
Page 1691, after line 20, insert the following:
SEC. 40__. REVOLVING LOAN FUND FLEXIBILITY.
Section 209(d) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3149(d)) is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5); and
(2) by inserting after paragraph (2) the following:
``(3) Revolving loan fund repurposing.--
``(A) In general.--A grantee of revolving
loan funds may, upon request, transfer any
funds that have been repaid to a revolving loan
fund under this section to any other project
eligible to receive funding under this section.
``(B) Eligibility.--To be eligible to
transfer revolving loan funds under this
paragraph, a grantee shall have more cash
available for lending than the average cash
available for lending in the EDA region in
which such grantee is located.
``(C) Discretion.--The Secretary shall retain
the discretion to approve or deny a transfer
request under this paragraph.
``(D) Cash available for lending defined.--In
this paragraph, the term `cash available for
lending' means the revolving loan fund cash
available for lending net of the committed
revolving loan fund cash.''.
----------
22. An Amendment To Be Offered by Representative Perlmutter of Colorado
or His Designee
Page 1691, after line 20, insert the following:
SEC. 40002. AUTHORIZATION FOR SCIENCE CENTER CONSTRUCTION.
(a) Authorization of Appropriations.--There are authorized to
be appropriated to the Director of the United States Geological
Survey $166,800,000 to fund, through a cooperative agreement
with an academic partner, the design, construction, and tenant
build-out of a facility to support energy and minerals research
and appurtenant associated structures.
(b) Agreements.--The United States Geological Survey will
retain ownership of the facility and associated structures once
constructed and is authorized to enter into agreements with,
and to collect and spend funds or in-kind contributions from,
academic, Federal, State, or other facility tenants on facility
planning, design, maintenance, operation, or facility
improvement costs during the life of the facility.
(c) Lease.--The Director of the United States Geological
Survey is authorized to enter into a lease or other agreement
with the academic partner, at no cost to the United States, for
that partner to provide land on which to construct the facility
for a minimum term of not less than 99 years.
(d) Reports.--The Director of the United States Geological
Survey shall submit annual reports on the science center
constructed and the authorities utilized under this section to
the appropriate congressional committees.
----------
23. An Amendment To Be Offered by Representative Pressley of
Massachusetts or Her Designee
At the end of division H of the bill, add the following:
SEC. 400__. GAO STUDY ON THE IMPACT OF TRANSPORTATION POLICIES ON
MARGINALIZED COMMUNITIES.
(a) Study.--The Comptroller General of the United States
shall conduct a study to identify the impact of certain
transportation policies on people based on their race,
ethnicity, nationality, age, disability status, and gender
identity, including--
(1) data on fare evasion policies, including--
(A) the number of people stopped for
suspected fare evasion by transit law
enforcement officers or transit agency
personnel, aggregated by tract, as designated
by the Bureau of the Census;
(B) the race, ethnicity, nationality, age,
disability status, and gender identity of
people stopped by law enforcement officers or
transit agency personnel and provided a
citation or summons for suspected fare evasion;
(C) an analysis on the dollar amount,
organized by transit station, of--
(i) fines issued as penalty for fare
evasion citations to individuals by
race, ethnicity, nationality, age,
disability status, and gender identity;
(ii) fare revenue lost due to fare
evasion; and
(iii) fare evasion fines collected by
transit agency, law enforcement, or
other entity; and
(D) the number of complaints filed against
law enforcement officers or transit agency
personnel while enforcing fare evasion
policies;
(2) data on speed enforcement cameras, including--
(A) the location of speed enforcement cameras
and the demographics of the location of such
region by tract, as designated by the Bureau of
the Census, including race, ethnicity,
nationality, and median income;
(B) the original intent for placement of the
speed enforcement camera, whether to address a
specific safety concern or otherwise;
(C) the affiliated policy for enforcement,
whether automated enforcement, in-person
ticketing, or otherwise; and
(D) the dollar amount of fines to drivers by
speed enforcement camera location; and
(3) any other transportation policy that may have a
disproportionate impact on low-income communities and
communities of color.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit the
Committee on Transportation and Infrastructure and the
Committee on the Judiciary of the House of Representatives a
report on the results of the study conducted under subsection
(a), including--
(1) any disproportionate impacts of transportation
policies on marginalized communities; and
(2) recommendations on ways to reduce such
disproportionate impacts.
----------
24. An Amendment To Be Offered by Representative Quigley of Illinois or
His Designee
At the end of division H, insert the following:
SEC. 40002. USE OF BIRD-SAFE FEATURES, PRACTICES, AND STRATEGIES IN
PUBLIC BUILDINGS.
(a) In General.--Chapter 33 of title 40, United States Code,
is amended by adding at the end the following:
``Sec. 3319. Use of bird-safe features, practices, and strategies in
public buildings
``(a) Construction, Alteration, and Acquisition of Public
Buildings.--The Administrator of General Services shall
incorporate, to the extent practicable, features, practices,
and strategies to reduce bird fatality resulting from
collisions with public buildings for each public building--
``(1) constructed;
``(2) acquired; or
``(3) of which more than 50 percent of the facade is
substantially altered (in the opinion of the
Commissioner of Public Buildings).
``(b) Design Guide.--The Administrator shall develop a design
guide to carry out subsection (a) that includes the following:
``(1) Features for reducing bird fatality resulting
from collisions with public buildings throughout all
construction phases, taking into account the number of
each such bird fatality that occurs at different types
of public buildings.
``(2) Methods and strategies for reducing bird
fatality resulting from collisions with public
buildings during the operation and maintenance of such
buildings, including installing interior, exterior, and
site lighting.
``(3) Best practices for reducing bird fatality
resulting from collisions with public buildings,
including--
``(A) a description of the reasons for
adopting such practices; and
``(B) an explanation for the omission of a
best practice identified pursuant to subsection
(c).
``(c) Identifying Best Practices.--To carry out subsection
(b)(3), the Administrator may identify best practices for
reducing bird fatality resulting from collisions with public
buildings, including best practices recommended by--
``(1) Federal agencies with expertise in bird
conservation;
``(2) nongovernmental organizations with expertise in
bird conservation; and
``(3) representatives of green building certification
systems.
``(d) Dissemination of Design Guide.--The Administrator shall
disseminate the design guide developed pursuant to subsection
(b) to all Federal agencies, subagencies, and departments with
independent leasing authority from the Administrator.
``(e) Update to Design Guide.--The Administrator shall, on a
regular basis, update the design guide developed pursuant to
subsection (b) with respect to the priorities of the
Administrator for reducing bird fatality resulting from
collisions with public buildings.
``(f) Exempt Buildings.--This section shall not apply to--
``(1) any building or site listed, or eligible for
listing, on the National Register of Historic Places;
``(2) the White House and the grounds of the White
House;
``(3) the Supreme Court building and the grounds of
the Supreme Court; or
``(4) the United States Capitol and any building on
the grounds of the Capitol.
``(g) Certification.--Not later than October 1 of each fiscal
year, the Administrator, acting through the Commissioner, shall
certify to Congress that the Administrator uses the design
guide developed pursuant to subsection (b) for each public
building described in subsection (a).
``(h) Report.--Not later than October 1 of each fiscal year,
the Administrator shall submit to Congress a report that
includes--
``(1) the certification under subsection (g); and
``(2) to the extent practicable, the number of each
such bird fatality that occurred as a result of a
collision with the public buildings occupied by the
respective head of each Federal agency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 33 of title 40, United States Code, is
amended by adding at the end the following new item:
``3319. Use of bird-safe features, practices, and strategies in public
buildings.''.
----------
25. An Amendment To Be Offered by Representative Rouda of California or
His Designee
Page 499, after line 22, insert the following:
SEC. 1632. AVIATION INDUSTRY ASSISTANCE FOR CLEANER AND QUIETER SKIES
VOUCHER PROGRAM.
(a) Establishment.--The Secretary shall establish and carry
out a program, to be known as the ``Aviation Industry
Assistance for Cleaner and Quieter Skies Voucher Program'',
under which the Secretary shall issue electronic vouchers to
air carriers, subject to the specifications set forth in
subsection (d), to offset the purchase or cost of a lease of
eligible new aircraft in exchange for commitments from such air
carriers to decommission certain currently used aircraft and
sell such aircraft for recycling of parts or disposal.
(b) Application.--To be eligible for the program established
under subsection (a), an air carrier shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including a description of a currently used aircraft of the air
carrier.
(c) Program Requirements.--
(1) List of eligible aircraft.--In carrying out the
program established under subsection (a), the
Secretary, in consultation with the Administrator,
shall prepare, maintain, publicize, and make available
through a publicly available website, lists of--
(A) applicable currently used aircraft;
(B) eligible aircraft for purchase or lease;
and
(C) registered aircraft recycling firms
eligible to purchase currently used aircraft
under this section.
(2) Commitment requirement.--In carrying out the
program established under subsection (a), the Secretary
shall issue such regulations as are necessary to
establish requirements for an air carrier to purchase
or lease an eligible aircraft described in subsection
(a), including a timing requirement for the purchase of
such, and decommissioning and selling of applicable
currently used aircraft of the air carrier for
recycling of parts or disposal, except as provided in
subsection (f)(2).
(d) Value of Vouchers.--The Secretary may determine the value
of each voucher, not to exceed $10,000,000, based on the
difference in emissions between the currently used aircraft
being decommissioned and sold and the eligible aircraft being
purchased or leased. In determining the value of each voucher,
the Secretary shall also consider if such eligible aircraft
also include noise reduction, including whether such aircraft
meet Stage 5 standards. In addition, the Secretary shall
consider seat capacity and typical stage length of both the
currently used aircraft being decommissioned and sold and the
eligible aircraft being purchased or leased in determining the
value of the voucher.
(e) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue such
regulations as are necessary to carry out this section,
including a requirement that a voucher may be used only to pay
a new aircraft order, not an order placed (even if not not
filled) before the date of enactment of this Act.
(f) Registration.--
(1) In general.--The Secretary shall register
aircraft recycling firms eligible to purchase currently
used aircraft under this section and establish
requirements and procedures for the recycling of parts
or disposal of such aircraft to ensure that such
aircraft are taken out of service and not used to
develop other aircraft with higher greenhouse gas
emissions.
(2) Exception.--Notwithstanding paragraph (1), in the
case of an emergency declared by the Secretary or a
national emergency declared by the President, the
Secretary may temporarily waive the provisions of such
paragraph that prevent the use of aircraft taken out of
service pursuant to this section for the purposes of
responding to such emergency or national emergency.
(g) Authorization of Appropriations.--There is authorized to
carry out the program established under this section
$1,000,000,000 and such sums shall remain available until
expended.
(h) Definitions.--In this section the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Environmental Protection
Agency.
(2) Air carrier.--The term ``air carrier'' has the
meaning given such term in section 40102 of title 49,
United States Code.
(3) Currently used aircraft.--The term ``currently
used aircraft'' means--
(A) aircraft in the bottom 25 percent of the
air carrier's aircraft fleet in terms of fuel
efficiency per seat; and
(B) aircraft that have been in service for at
least 1,500 hours in the previous calendar
year.
(4) Eligible aircraft.--The term ``eligible
aircraft'' means aircraft that must be new and
considered by the Secretary highly fuel-efficient with
some consideration given to their noise impact.
(5) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
----------
26. An Amendment To Be Offered by Representative Sherrill of New Jersey
or Her Designee
Page 1691, after line 20, insert the following:
SEC. 40002. GAO STUDY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) mass transit and civilian airlines have an
essential role in keeping the United States moving;
(2) while the COVID-19 pandemic has devastated the
industry, transit agencies and companies are leading
the way in implementing safety measures and exploring
new technologies to protect essential workers who
continue to rely on our bus and rail systems;
(3) Congress can support the transportation sector by
authorizing a GAO study that would recommend specific
safety measures to reduce exposure to the SARS-CoV-2
virus on mass transportation systems, as well as
technologies that can assist with the implementation of
such safety measures, including technologies that
facilitate large-scale sanitation and decontamination
and encourage social distancing; and
(4) implementation of such safety measures and
technologies will help the transportation sector be
more resilient in the face of future pandemics.
(b) Study.--The Comptroller General of the United States
shall carry out a study to--
(1) research and recommend specific measures that
civilian transit companies and agencies (including
rail, airlines, and buses) should implement to improve
the safety of passengers and crew;
(2) research and recommend technologies being
developed within and outside the United States
Government, including the Department of Defense and
National Aeronautics and Space Administration, that can
be transitioned to the civilian transportation sector;
and
(3) study technologies that--
(A) provide an alternative to decontamination
with chemical solutions which is labor
intensive, and has material compatibility and
corrosion concerns;
(B) decontaminate crevices and hard to reach
areas that can be missed with other
technologies;
(C) minimize personnel exposure to the
contaminated aircraft to personnel required for
set-up; and
(D) allow timely decontamination (under 3
hours) to return the bus, train, or aircraft to
operational status.
(c) Report.--Not later than 3 months after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the study required
under subsection (b).
----------
27. An Amendment To Be Offered by Representative Sherrill of New Jersey
or Her Designee
Page 962, line 12, strike ``$3,500,000,000'' and insert
``$3,450,000,000''.
Page 962, line 13, strike ``$3,300,000,000'' and insert
``$3,250,000,000''.
Page 962, line 14, strike ``$3,100,000,000'' and insert
``$3,050,000,000''.
Page 962, line 15, strike ``$2,900,000,000'' and insert
``$2,850,000,000''.
Page 962, line 16, strike ``$2,900,000,000'' and insert
``$2,850,000,000''.
Page 963, line 2, strike ``$300,000,000'' and insert
``$250,000,000''.
Page 965, line 12, strike ``$130,000,000'' and insert
``$180,000,000''.
Page 985, line 20, strike ``$125,000,000'' and insert
``$175,000,000''.
----------
28. An Amendment To Be Offered by Representative Slotkin of Michigan or
Her Designee
Page 961, after line 15, insert the following:
SEC. 8204. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
REPORTING TRANSPARENCY REQUIREMENTS.
The Secretary of Transportation shall ensure that the
Pipeline and Hazardous Materials Safety Administration shares
with all relevant stakeholders, including State and local
governments, all materials and information received, reviewed,
or produced related to pipeline leaks, damage, or disruption,
as soon as possible.
----------
29. An Amendment To Be Offered by Representative Smith of Washington or
His Designee
Page 499, after line 22, insert the following:
SEC. 1632. AIRBORNE ULTRAFINE PARTICLE STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, jointly with the Administrator of the
Environmental Protection Agency, shall enter into an agreement
with an eligible institution of higher education to conduct a
study examining airborne ultrafine particles and their effect
on human health.
(b) Scope of Study.--The study conducted under subsection (a)
shall--
(1) summarize the relevant literature and studies
done on airborne ultrafine particles worldwide;
(2) focus on large hub commercial airports in--
(A) Seattle;
(B) Boston;
(C) Chicago;
(D) New York;
(E) the Northern California Metroplex;
(F) Phoenix;
(G) the Southern California Metroplex;
(H) the District of Columbia; and
(I) Atlanta;
(3) examine airborne ultrafine particles and their
effect on human health, including--
(A) characteristics of UFPs present in the
air;
(B) spatial and temporal distributions of UFP
concentrations;
(C) primary sources of UFPs;
(D) the contribution of aircraft and airport
operations to the distribution of UFP
concentrations when compared to other sources;
(E) potential health effects associated with
elevated UFP exposures, including outcomes
related to cardiovascular disease, respiratory
infection and disease, degradation of
neurocognitive functions, and other health
effects, that have been considered in previous
studies; and
(F) potential UFP exposures, especially to
susceptible and vulnerable groups;
(4) identify measures, including the use of
sustainable aviation fuels, intended to reduce
emissions from aircraft and airport operations and
assess potential effects on emissions related to UFPs;
and
(5) identifies information gaps related to
understanding relationships between UFP exposures and
health effects, contributions of aviation-related
emissions to UFP exposures, and the effectiveness of
mitigation measures.
(c) Eligibility.--An institution of higher education is
eligible to conduct the study if the institution--
(1) is located in one of the areas identified in
subsection (b);
(2) applies to the Administrator of the Federal
Aviation Administration in a timely fashion;
(3) demonstrates to the satisfaction of the
Administrator that the institution is qualified to
conduct the study;
(4) agrees to submit to the Administrator, not later
than 2 years after entering into an agreement under
subsection (a), the results of the study, including any
source materials used; and
(5) meets such other requirements as the
Administrator determines necessary.
(d) Coordination.--The Administrator may coordinate with the
Administrator of the Environmental Protection Agency, the
Secretary of Health and Human Services, and any other agency
head whom the Administrator deems appropriate to provide data
and other assistance necessary for the study.
(e) Report.--Not later than 180 days after submission of the
results of the study by the institution of higher education,
the Administrator shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
on the study including the results of the study submitted under
subsection (c)(4) by the institution of higher education.
(f) Definition.--In this Act, the terms ``ultrafine
particle'' and ``UFP'' mean particles with diameters less than
or equal to 100 nanometers.
----------
30. An Amendment To Be Offered by Representative Speier of California
or Her Designee
Page 1143, line 15, strike ``$25,000,000'' and insert
``$50,000,000''.
----------
31. An Amendment To Be Offered by Representative Torres Small of New
Mexico or Her Designee
At the end of division H, add the following:
SEC. 400__. LAND PORT OF ENTRY INFRASTRUCTURE MODERNIZATION.
There is authorized to be appropriated from the general fund
of the Treasury for fiscal year 2021 $100,000,000 to the
Administrator of General Services for the necessary expenses
for the construction, repair, upgrades, and maintenance
necessary to fulfill the backlog of port infrastructure
improvement projects at land ports of entry that experienced no
less than 5 percent growth in total trade in the year of 2019,
according to data produced by the Bureau of the Census.
----------
32. An Amendment To Be Offered by Representative Trone of Maryland or
His Designee
Page 1220, after line 11, insert the following:
TITLE VI--OTHER MATTERS
SEC. 26001. WASTEWATER DRUG TESTING PILOT PROGRAM.
(a) Establishment.--The Administrator of the Environmental
Protection Agency shall establish a pilot program to provide
funding to States to incorporate wastewater testing for drugs
at municipal wastewater treatment plants in order to monitor
drug consumption and detect new drug use more quickly and in a
more specific geographic region than methods currently in use.
(b) Selection.--In carrying out the pilot program established
under subsection (a), the Administrator shall, subject to
appropriations, select 5 States to each receive $1,000,000 in
each of fiscal years 2022 through 2024 to provide funding to
municipal wastewater treatment plants to incorporate testing
for drugs into their routine wastewater testing protocol.
(c) Requirements.--A State receiving funds pursuant to the
pilot program shall--
(1) provide funding to municipal wastewater treatment
plants to collect and test water samples;
(2) facilitate a partnership between local health
departments and municipal wastewater treatment plants;
and
(3) provide not less than 10 percent of the funds to
applicable local health departments to develop public
health interventions to respond to drug use in the
community, as indicated by testing results.
(d) Analyses.--A State receiving funds pursuant to the pilot
program may use a portion of the funding to have test results
analyzed, including to develop estimates of how many doses of a
drug have been consumed and to track results over time. The
State shall report such analyses to the local and State health
departments and to the Centers for Disease Control and
Prevention.
(e) Reports.--
(1) State reports.--Not later than 90 days after the
end of the pilot program, each State that received
funds shall submit a report to the Committees on Energy
and Commerce and Transportation and Infrastructure of
the House of Representatives, the Committees on Health,
Education, Labor, and Pensions and Environment and
Public Works of the Senate, and the Centers for Disease
Control and Prevention that includes each year's final
budget, an explanation of how the program was
established, what information the wastewater testing
provided and whether findings were in line with other
drug surveillance strategies, the usefulness of testing
as an evaluation strategy for policy change and public
health interventions, challenges encountered, and
recommendations for responsible data use and
maintaining privacy.
(2) CDC report.--Not later than 180 days after the
end of the pilot program, the Centers for Disease
Control and Prevention shall submit a report to
Congress analyzing the reports submitted under
paragraph (1) and detailing best practices for
implementing wastewater testing and using the results
to inform public health interventions.
(f) Restrictions.--
(1) Collection.--A State receiving funds pursuant to
the pilot program may not use such funds to collect
water samples from any location other than a municipal
wastewater treatment plant.
(2) Disclosure.--Analyses of samples collected
pursuant to this section may not be disclosed to any
entity other than the applicable State and local health
departments and the Centers for Disease Control and
Prevention.
(3) Reports.--Any information relating to sample
analyses included in a report submitted under
subsection (e) shall not be made public.
----------
33. An Amendment To Be Offered by Representative Vargas of California
or His Designee
Page 1220, after line 11, insert the following:
TITLE VI--NEW RIVER RESTORATION
SEC. 26001. SHORT TITLE.
This title may be cited as the ``California New River
Restoration Act of 2020''.
SEC. 26002. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Environmental Protection
Agency.
(2) Mexican.--The term ``Mexican'' refers to the
Federal, State, and local governments of the United
Mexican States.
(3) New river.--The term ``New River'' means that
portion of the New River, California, that flows north
within the United States from the border of Mexico
through Calexico, California, passes through the
Imperial Valley, and drains into the Salton Sea.
(4) Program.--The term ``program'' means the
California New River restoration program established
under section 26003.
(5) Restoration and protection.--The term
``restoration and protection'' means the conservation,
stewardship, and enhancement of habitat for fish and
wildlife to preserve and improve ecosystems and
ecological processes on which they depend.
SEC. 26003. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
program to be known as the ``California New River restoration
program''.
(b) Duties.--In carrying out the program, the Administrator
shall--
(1) implement projects, plans, and initiatives for
the restoration and protection of the New River that
are supported by the California-Mexico Border Relations
Council, in consultation with applicable management
entities, including representatives of the Calexico New
River Committee, the California-Mexico Border Relations
Council, the New River Improvement Project Technical
Advisory Committee, the Federal Government, State and
local governments, and regional and nonprofit
organizations;
(2) undertake activities that--
(A) support the implementation of a shared
set of science-based restoration and protection
activities identified in accordance with
paragraph (1);
(B) target cost-effective projects with
measurable results; and
(C) maximize conservation outcomes with no
net gain of Federal full-time equivalent
employees; and
(3) provide grants and technical assistance in
accordance with section 26004.
(c) Coordination.--In establishing the program, the
Administrator shall consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture;
(C) the Secretary of Homeland Security;
(D) the Administrator of General Services;
(E) the Commissioner of U.S. Customs and
Border Protection;
(F) the Commissioner of the International
Boundary Water Commission; and
(G) the head of any other applicable agency;
(2) the Governor of California;
(3) the California Environmental Protection Agency;
(4) the California State Water Resources Control
Board;
(5) the California Department of Water Resources;
(6) the Colorado River Basin Regional Water Quality
Control Board;
(7) the Imperial Irrigation District; and
(8) other public agencies and organizations with
authority for the planning and implementation of
conservation strategies relating to the New River.
(d) Purposes.--The purposes of the program include--
(1) coordinating restoration and protection
activities, among Mexican, Federal, State, local, and
regional entities and conservation partners, relating
to the New River; and
(2) carrying out coordinated restoration and
protection activities, and providing for technical
assistance relating to the New River--
(A) to sustain and enhance fish and wildlife
habitat restoration and protection activities;
(B) to improve and maintain water quality to
support fish and wildlife, as well as the
habitats of fish and wildlife;
(C) to sustain and enhance water management
for volume and flood damage mitigation
improvements to benefit fish and wildlife
habitat;
(D) to improve opportunities for public
access to, and recreation in and along, the New
River consistent with the ecological needs of
fish and wildlife habitat;
(E) to maximize the resilience of natural
systems and habitats under changing watershed
conditions;
(F) to engage the public through outreach,
education, and citizen involvement, to increase
capacity and support for coordinated
restoration and protection activities relating
to the New River;
(G) to increase scientific capacity to
support the planning, monitoring, and research
activities necessary to carry out coordinated
restoration and protection activities; and
(H) to provide technical assistance to carry
out restoration and protection activities
relating to the New River.
SEC. 26004. GRANTS AND ASSISTANCE.
(a) In General.--In carrying out the program, the
Administrator shall provide grants and technical assistance to
State and local governments, nonprofit organizations, and
institutions of higher education, to carry out the purposes of
the program.
(b) Criteria.--The Administrator, in consultation with the
organizations described in section 26003(c), shall develop
criteria for providing grants and technical assistance under
this section to ensure that such activities accomplish one or
more of the purposes identified in section 26003(d)(2).
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
a project for which a grant is provided under this
section shall not exceed 55 percent of the total cost
of the activity, as determined by the Administrator.
(2) Non-federal share.--The non-Federal share of the
cost of a project for which a grant is provided under
this section may be provided in the form of an in-kind
contribution of services or materials that the
Administrator determines are integral to the activity
carried out using assistance authorized by this title.
(d) Requirements.--Sections 513 and 608 of the Federal Water
Pollution Control Act (33 U.S.C. 1372; 1388) shall apply to the
construction of any project or activity carried out, in whole
or in part, under this title in the same manner those sections
apply to a treatment works for which a grant is made available
under the Federal Water Pollution Control Act.
(e) Administration.--The Administrator may enter into an
agreement to manage the implementation of this section with the
North American Development Bank or a similar organization that
offers grant management services.
SEC. 26005. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this
Act, and annually thereafter, the Administrator shall submit to
Congress a report on the implementation of this title,
including a description of each project that has received
funding under this title and the status of all such projects
that are in progress on the date of submission of the report.
----------
34. An Amendment To Be Offered by Representative Waters of California
or Her Designee
Page 1101, after line 10, insert the following:
(j) Relief to Airport Concessions.--An airport sponsor shall
use at least 2 percent of any funds received under subsection
(a)(1) to provide financial relief to airport concessionaires
experiencing economic hardship. With respect to funds under
subsection (a)(1), airport sponsors must also show good faith
efforts to provide relief to small business concerns owned and
controlled by socially and economically disadvantaged
businesses, as such terms are defined under section 47113 of
title 49, United States Code.
----------
PART D--TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee
Page 1677, after line 16, insert the following:
Subtitle E--Open Back Better
SEC. 33501. SHORT TITLE.
This subtitle may be cited as the ``Open Back Better Act of
2020''.
SEC. 33502. FACILITIES ENERGY RESILIENCY.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project''
means a building project at an eligible facility that--
(A) increases--
(i) resiliency, including--
(I) public health and safety;
(II) power outages;
(III) natural disasters;
(IV) indoor air quality; and
(V) any modifications
necessitated by the COVID-19
pandemic;
(ii) energy efficiency;
(iii) renewable energy; and
(iv) grid integration; and
(B) may have combined heat and power and
energy storage as project components.
(2) Early childhood education program.--The term
``early childhood education program'' has the meaning
given the term in section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003).
(3) Elementary school.--The term ``elementary
school'' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(4) Eligible facility.--The term ``eligible
facility'' means a public facility, as determined by
the Secretary, including--
(A) a public school, including an elementary
school and a secondary school;
(B) a facility used to operate an early
childhood education program;
(C) a local educational agency;
(D) a medical facility;
(E) a local or State government building;
(F) a community facility;
(G) a public safety facility;
(H) a day care center;
(I) an institution of higher education;
(J) a public library; and
(K) a wastewater treatment facility.
(5) Environmental justice community.--The term
``environmental justice community'' means a community
with significant representation of communities of
color, low income communities, or Tribal and indigenous
communities, that experiences, or is at risk of
experiencing, higher or more adverse human health or
environmental effects.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(7) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(8) Low income.--The term ``low income'', with
respect to a household, means an annual household
income equal to, or less than, the greater of--
(A) 80 percent of the median income of the
area in which the household is located, as
reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(9) Low income community.--The term ``low income
community'' means a census block group in which not
less than 30 percent of households are low income.
(10) Secondary school.--The term ``secondary school''
has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(11) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(12) State.--The term ``State'' has the meaning given
the term in section 3 of the Energy Policy and
Conservation Act (42 U.S.C. 6202).
(13) State energy program.--The term ``State Energy
Program'' means the State Energy Program established
under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.).
(14) Tribal organization.--
(A) In general.--The term ``tribal
organization'' has the meaning given the term
in section 3765 of title 38, United States
Code.
(B) Technical amendment.--Section 3765(4) of
title 38, United States Code, is amended by
striking ``section 4(l) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b(l))'' and inserting ``section 4 of
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)''.
(b) State Programs.--
(1) Establishment.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall
distribute grants to States under the State Energy
Program, in accordance with the allocation formula
established under that Program, to implement covered
projects.
(2) Use of funds.--
(A) In general.--Subject to subparagraph (B),
grant funds under paragraph (1) may be used for
technical assistance, project facilitation, and
administration.
(B) Technical assistance.--A State may use
not more than 10 percent of grant funds
received under paragraph (1) to provide
technical assistance for the development,
facilitation, management, oversight, and
measurement of results of covered projects
implemented using those funds.
(C) Environmental justice and other
communities.--To support communities adversely
impacted by the COVID-19 pandemic, a State
shall use not less than 40 percent of grant
funds received under paragraph (1) to implement
covered projects in environmental justice
communities or low income communities.
(D) Private financing.--A State receiving a
grant under paragraph (1) shall--
(i) to the extent practicable,
leverage private financing for cost-
effective energy efficiency, renewable
energy, resiliency, and other smart-
building improvements, such as by
entering into an energy service
performance contract; but
(ii) maintain the use of grant funds
to carry out covered projects with more
project resiliency, public health, and
capital-intensive efficiency and
emission reduction components than are
typically available through private
energy service performance contracts.
(E) Guidance.--In carrying out a covered
project using grant funds received under
paragraph (1), a State shall, to the extent
practicable, adhere to guidance developed by
the Secretary pursuant to the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5;
123 Stat. 115) relating to distribution of
funds, if that guidance will speed the
distribution of funds under this subsection.
(3) No matching requirement.--Notwithstanding any
other provision of law, a State receiving a grant under
paragraph (1) shall not be required to provide any
amount of matching funding.
(4) Report.--Not later than 1 year after the date on
which grants are distributed under paragraph (1), and
each year thereafter until the funds appropriated
pursuant to paragraph (5) are no longer available, the
Secretary shall submit a report on the use of those
funds (including in the communities described in
paragraph (2)(C)) to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations
of the Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the
Committee on Appropriations of the House of
Representatives;
(C) the Committee on Energy and Natural
Resources of the Senate; and
(D) the Committee on Energy and Commerce of
the House of Representatives.
(5) Funding.--In addition to any amounts made
available to the Secretary to carry out the State
Energy Program, there is authorized to be appropriated
to the Secretary $18,000,000,000 to carry out this
subsection, to remain available until September 30,
2025.
(6) Supplement, not supplant.--Funds made available
under paragraph (5) shall supplement, not supplant, any
other funds made available to States for the State
Energy Program or the weatherization assistance program
established under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et
seq.).
(c) Federal Energy Management Program.--
(1) In general.--Beginning 60 days after the date of
enactment of this Act, the Secretary shall use funds
appropriated pursuant to paragraph (4) to provide
grants under the AFFECT program under the Federal
Energy Management Program of the Department of Energy
to implement covered projects.
(2) Private financing.--A recipient of a grant under
paragraph (1) shall--
(A) to the extent practicable, leverage
private financing for cost-effective energy
efficiency, renewable energy, resiliency, and
other smart-building improvements, such as by
entering into an energy service performance
contract; but
(B) maintain the use of grant funds to carry
out covered projects with more project
resiliency, public health, and capital-
intensive efficiency and emission reduction
components than are typically available through
private energy service performance contracts.
(3) Report.--Not later than 1 year after the date on
which grants are distributed under paragraph (1), and
each year thereafter until funds appropriated pursuant
to paragraph (4) are no longer available, the Secretary
shall submit a report on the use of those funds to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations
of the Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the
Committee on Appropriations of the House of
Representatives;
(C) the Committee on Energy and Natural
Resources of the Senate; and
(D) the Committee on Energy and Commerce of
the House of Representatives.
(4) Funding.--In addition to any amounts made
available to the Secretary to carry out the AFFECT
program described in paragraph (1), there is authorized
to be appropriated to the Secretary $500,000,000 to
carry out this subsection, to remain available until
September 30, 2025.
(d) Tribal Organizations.--
(1) In general.--Not later than 60 days after the
date of enactment of this Act, the Secretary, acting
through the head of the Office of Indian Energy, shall
distribute funds made available under paragraph (3) to
tribal organizations to implement covered projects.
(2) Report.--Not later than 1 year after the date on
which funds are distributed under paragraph (1), and
each year thereafter until the funds made available
under paragraph (3) are no longer available, the
Secretary shall submit a report on the use of those
funds to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations
of the Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the
Committee on Appropriations of the House of
Representatives;
(C) the Committee on Energy and Natural
Resources of the Senate; and
(D) the Committee on Energy and Commerce of
the House of Representatives.
(3) Funding.--There is authorized to be appropriated
to the Secretary $1,500,000,000 to carry out this
subsection, to remain available until September 30,
2025.
(e) Use of American Iron, Steel, and Manufactured Goods.--
(1) In general.--Except as provided in paragraph (2),
none of the funds made available by or pursuant to this
section may be used for a covered project unless all of
the iron, steel, and manufactured goods used in the
project are produced in the United States.
(2) Exceptions.--The requirement under paragraph (1)
shall be waived by the head of the relevant Federal
department or agency in any case or category of cases
in which the head of the relevant Federal department or
agency determines that--
(A) adhering to that requirement would be
inconsistent with the public interest;
(B) the iron, steel, and manufactured goods
needed for the project are not produced in the
United States--
(i) in sufficient and reasonably
available quantities; and
(ii) in a satisfactory quality; or
(C) the inclusion of iron, steel, and
relevant manufactured goods produced in the
United States would increase the overall cost
of the project by more than 25 percent.
(3) Waiver publication.--If the head of a Federal
department or agency makes a determination under
paragraph (2) to waive the requirement under paragraph
(1), the head of the Federal department or agency shall
publish in the Federal Register a detailed
justification for the waiver.
(4) International agreements.--This subsection shall
be applied in a manner consistent with the obligations
of the United States under all applicable international
agreements.
(f) Wage Rate Requirements.--
(1) In general.--Notwithstanding any other provision
of law, all laborers and mechanics employed by
contractors and subcontractors on projects funded
directly or assisted in whole or in part by the Federal
Government pursuant to this section shall be paid wages
at rates not less than those prevailing on projects of
a similar character in the locality, as determined by
the Secretary of Labor in accordance with subchapter IV
of chapter 31 of title 40, United States Code (commonly
known as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor
shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267;
5 U.S.C. App.) and section 3145 of title 40, United
States Code.
SEC. 33503. PERSONNEL.
(a) In General.--To carry out section 33502, the Secretary
shall hire within the Department of Energy--
(1) not less than 300 full-time employees in the
Office of Energy Efficiency and Renewable Energy;
(2) not less than 100 full-time employees, to be
distributed among--
(A) the Office of General Counsel;
(B) the Office of Procurement Policy;
(C) the Golden Field Office;
(D) the National Energy Technology
Laboratory; and
(E) the Office of the Inspector General; and
(3) not less than 20 full-time employees in the
Office of Indian Energy.
(b) Timeline.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall--
(1) hire all personnel under subsection (a); or
(2) certify that the Secretary is unable to hire all
personnel by the date required under this subsection.
(c) Contract Hires.--
(1) In general.--If the Secretary makes a
certification under subsection (b)(2), the Secretary
may hire on a contract basis not more than 50 percent
of the personnel required to be hired under subsection
(a).
(2) Duration.--An individual hired on a contract
basis under paragraph (1) shall have an employment term
of not more than 1 year.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$84,000,000 for each of fiscal years 2021 through 2031.
(e) Report.--Not later than 60 days after the date of
enactment of this Act, and annually thereafter for 2 years, the
Secretary shall submit a report on progress made in carrying
out subsection (a) to--
(1) the Subcommittee on Energy and Water Development
of the Committee on Appropriations of the Senate;
(2) the Subcommittee on Energy and Water Development
and Related Agencies of the Committee on Appropriations
of the House of Representatives;
(3) the Committee on Energy and Natural Resources of
the Senate; and
(4) the Committee on Energy and Commerce of the House
of Representatives.
----------
2. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee
Page 1547, after line 5, insert the following new chapter:
CHAPTER 10--CLIMATE ACTION PLANNING FOR PORTS
SEC. 33191. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS AT PORTS.
(a) Grants.--The Administrator of the Environmental
Protection Agency may award grants to eligible entities--
(1) to implement plans to reduce greenhouse gas
emissions at one or more ports or port facilities
within the jurisdictions of the respective eligible
entities; and
(2) to develop climate action plans described in
subsection (b)(2).
(b) Application.--
(1) In general.--To seek a grant under this section,
an eligible entity shall submit an application to the
Administrator of the Environmental Protection Agency at
such time, in such manner, and containing such
information and assurances as the Administrator may
require.
(2) Climate action plan.--At a minimum, each such
application shall contain--
(A) a detailed and strategic plan, to be
known as a climate action plan, that outlines
how the eligible entity will develop and
implement climate change mitigation or
adaptation measures through the grant; or
(B) a request pursuant to subsection (a)(2)
for funding for the development of a climate
action plan.
(3) Required components.--A climate action plan under
paragraph (2) shall demonstrate that the measures
proposed to be implemented through the grant--
(A) will reduce greenhouse gas emissions at
the port or port facilities involved pursuant
to greenhouse gas emission reduction goals set
forth in the climate action plan;
(B) will reduce other air pollutants at the
port or port facilities involved pursuant to
criteria pollutant emission reduction goals set
forth in the climate action plan;
(C) will implement emissions accounting and
inventory practices to determine baseline
emissions and measure progress; and
(D) will ensure labor protections for workers
employed directly at the port or port
facilities involved, including by--
(i) demonstrating that implementation
of the measures proposed to be
implemented through the grant will not
result in a net loss of jobs at the
port or port facilities involved;
(ii) ensuring that laborers and
mechanics employed by contractors and
subcontractors on construction projects
to implement the plan will be paid
wages not less than those prevailing on
similar construction in the locality,
as determined by the Secretary of Labor
under sections 3141 through 3144, 3146,
and 3147 of title 40, United States
Code; and
(iii) requiring any projects
initiated to carry out the plan with
total capital costs of $1,000,000 or
greater to utilize a project labor
agreement and not impact any
preexisting project labor agreement.
(4) Other components.--In addition to the components
required by paragraph (3), a climate action plan under
paragraph (2) shall demonstrate that the measures
proposed to be implemented through the grant will do at
least 2 of the following:
(A) Improve energy efficiency at a port or
port facility, including by using--
(i) energy-efficient vehicles, such
as hybrid, low-emission, or zero-
emission vehicles;
(ii) energy efficient cargo-handling,
harbor vessels, or storage facilities
such as energy-efficient refrigeration
equipment;
(iii) energy-efficient lighting;
(iv) shore power; or
(v) other energy efficiency
improvements.
(B) Deploy technology or processes that
reduce idling of vehicles at a port or port
facility.
(C) Reduce the direct emissions of greenhouse
gases and other air pollutants with a goal of
achieving zero emissions, including by
replacing and retrofitting equipment (including
vehicles onsite, cargo-handling equipment, or
harbor vessels) at a port or port facility.
(5) Prohibited use.--An eligible entity may not use a
grant provided under this section--
(A) to purchase fully automated cargo
handling equipment;
(B) to build, or plan to build, terminal
infrastructure that is designed for fully
automated cargo handling equipment;
(C) to purchase, test, or develop highly
automated trucks, chassis, or any related
equipment that can be used to transport
containerized freight; or
(D) to utilize any independent contractor,
independent owner-operator, or other entity
that does not use employees to perform any work
on the port or port facilities.
(6) Coordination with stakeholders.--In developing a
climate action plan under paragraph (2), an eligible
entity shall--
(A) identify and collaborate with
stakeholders who may be affected by the plan,
including local environmental justice
communities and other near-port communities;
(B) address the potential cumulative effects
of the plan on stakeholders when those effects
may have a community-level impact; and
(C) ensure effective advance communication
with stakeholders to avoid and minimize
conflicts.
(c) Priority.--In awarding grants under this section, the
Administrator of the Environmental Protection Agency shall give
priority to applicants proposing--
(1) to strive for zero emissions as a key strategy
within the grantee's climate action plan under
paragraph (2);
(2) to take a regional approach to reducing
greenhouse gas emissions at ports;
(3) to collaborate with near-port communities to
identify and implement mutual solutions to reduce air
pollutants at ports or port facilities affecting such
communities, with emphasis given to implementation of
such solutions in near-port communities that are
environmental justice communities;
(4) to implement activities with off-site benefits,
such as by reducing air pollutants from vehicles,
equipment, and vessels at sites other than the port or
port facilities involved; and
(5) to reduce localized health risk pursuant to
health risk reduction goals that are set within the
grantee's climate action plan under paragraph (2).
(d) Model Methodologies.--The Administrator of the
Environmental Protection Agency shall--
(1) develop model methodologies which grantees under
this section may choose to use for emissions accounting
and inventory practices referred to in subsection
(b)(3)(C); and
(2) ensure that such methodologies are designed to
measure progress in reducing air pollution at near-port
communities.
(e) Definitions.--In this section:
(1) The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) The term ``cargo-handling equipment'' includes--
(A) ship-to-shore container cranes and other
cranes;
(B) container-handling equipment; and
(C) equipment for moving or handling cargo,
including trucks, reachstackers, toploaders,
and forklifts.
(3) The term ``eligible entity'' means--
(A) a port authority;
(B) a State, regional, local, or Tribal
agency that has jurisdiction over a port
authority or a port;
(C) an air pollution control district; or
(D) a private entity (including any nonprofit
organization) that--
(i) applies for a grant under this
section in collaboration with an entity
described in subparagraph (A), (B), or
(C) ; and
(ii) owns, operates, or uses a port
facility, cargo equipment,
transportation equipment, related
technology, or a warehouse facility at
a port or port facility.
(4) The term ``environmental justice community''
means a community with significant representation of
communities of color, low-income communities, or Tribal
and indigenous communities, that experiences, or is at
risk of experiencing, higher or more adverse human
health or environmental effects.
(5) The term ``harbor vessel'' includes a ship, boat,
lighter, or maritime vessel designed for service at and
around harbors and ports.
(6) The term ``inland port'' means a logistics or
distribution hub that is located inland from navigable
waters, where cargo, such as break-bulk cargo or cargo
in shipping containers, is processed, stored, and
transferred between trucks, rail cars, or aircraft.
(7) The term ``port'' includes an inland port.
(8) The term ``stakeholder''--
(9) The term ``stakeholder'' means residents,
community groups, businesses, business owners, labor
unions, commission members, or groups from which a
near-port community draws its resources that--
(A) have interest in the climate action plan
of a grantee under this section; or
(B) can affect or be affected by the
objectives and policies of such a climate
action plan.
(f) Authorization of Appropriations.--
(1) In general.--To carry out this section, there is
authorized to be appropriated $250,000,000 for each of
fiscal years 2021 through 2025.
(2) Development of climate action plans.--In addition
to the authorization of appropriations in paragraph
(1), there is authorized to be appropriated for grants
pursuant to subsection (a)(2) to develop climate action
plans $50,000,000 for fiscal year 2021, to remain
available until expended.
----------
3. An Amendment To Be Offered by Representative Brindisi of New York or
His Designee
Page 1239, strike lines 10 and 11 and insert the following:
(G) How competition impacts the price of
broadband service, including the impact of
monopolistic business practices by broadband
service providers.
----------
4. An Amendment To Be Offered by Representative Brindisi of New York or
His Designee
Page 1236, after line 19, insert the following:
(E) The extent to which residents of the
United States that received broadband service
as a result of Federal broadband service
support programs and the Universal Service Fund
programs received such service at the download
and upload speeds required by such programs.
----------
5. An Amendment To Be Offered by Representative Craig of Minnesota or
Her Designee
Page 1400, after line 2, insert the following:
(c) Repeal of Declaratory Ruling and Prohibition on Use of
NPRM.--The Notice of Proposed Rulemaking and Declaratory Ruling
in the matter of improving competitive broadband access to
multiple tenant environments and petition for preemption of
Article 52 of the San Francisco Police Code filed by the
Multifamily Broadband Council that was adopted by the
Commission on July 10, 2019 (FCC 19-65), shall have no force or
effect and the Commission may not rely on such Notice of
Proposed Rulemaking to satisfy the requirements of section 553
of title 5, United States Code, for adopting, amending,
revoking, or otherwise modifying any rule (as defined in
section 551 of such title) of the Commission.
----------
6. An Amendment To Be Offered by Representative Cunningham of South
Carolina or His Designee
Page 1678, line 10, after ``public health emergency
preparedness'' insert ``, natural disaster emergency
preparedness, flood mitigation,''.
----------
7. An Amendment To Be Offered by Representative Cunningham of South
Carolina or His Designee
Page 1886, after line 16, insert the following:
SEC. 81238. REPORT ON FISH THAT INHABIT WATERS THAT CONTAIN
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration, in coordination with the
Director of the United States Fish and Wildlife Service, the
Administrator of the Environmental Protection Agency, the
Director of the Centers for Disease Control and Prevention, and
the Director of the United States Geological Survey, shall
submit to Congress a report on the impact of waters that
contain perfluoroalkyl or polyfluoroalkyl substances on fish
that--
(1) inhabit such waters; and
(2) are used for recreation or subsistence.
(b) Content.--The report required by subsection (a) shall
include information on the following:
(1) The concentration of perfluoroalkyl and
polyfluoroalkyl substances in fish that inhabit waters
that contain such substances.
(2) The health risks posed to persons who frequently
consume fish that inhabit waters that contain
perfluoroalkyl or polyfluoroalkyl substances.
(3) The risks to natural predators of fish that
inhabit waters that contain perfluoroalkyl or
polyfluoroalkyl substances, including dolphins.
(4) Measures that can be taken to mitigate the risks
described in paragraphs (2) and (3).
----------
8. An Amendment To Be Offered by Representative Dingell of Michigan or
Her Designee
Page 1547, after line 5, insert the following new chapter:
CHAPTER 10--CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR
SEC. 33191. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR.
Title XVI of the Energy Policy Act of 2005 (Public Law 109-
58, as amended) is amended by adding at the end the following
new subtitle:
``Subtitle C--Clean Energy and Sustainability Accelerator
``SEC. 1621. DEFINITIONS.
``In this subtitle:
``(1) Accelerator.--The term `Accelerator' means the
Clean Energy and Sustainability Accelerator established
under section 1622.
``(2) Board.--The term `Board' means the Board of
Directors of the Accelerator.
``(3) Chief executive officer.--The term `chief
executive officer' means the chief executive officer of
the Accelerator.
``(4) Climate-impacted communities.--The term
`climate-impacted communities' includes--
``(A) communities of color, which include any
geographically distinct area the population of
color of which is higher than the average
population of color of the State in which the
community is located;
``(B) communities that are already or are
likely to be the first communities to feel the
direct negative effects of climate change;
``(C) distressed neighborhoods, demonstrated
by indicators of need, including poverty,
childhood obesity rates, academic failure, and
rates of juvenile delinquency, adjudication, or
incarceration;
``(D) low-income communities, defined as any
census block group in which 30 percent or more
of the population are individuals with low
income;
``(E) low-income households, defined as a
household with annual income equal to, or less
than, the greater of--
``(i) an amount equal to 80 percent
of the median income of the area in
which the household is located, as
reported by the Department of Housing
and Urban Development; and
``(ii) 200 percent of the Federal
poverty line; and
``(F) rural areas, which include any area
other than--
``(i) a city or town that has a
population of greater than 50,000
inhabitants; and
``(ii) any urbanized area contiguous
and adjacent to a city or town
described in clause (i).
``(5) Climate resilient infrastructure.--The term
`climate resilient infrastructure' means any project
that builds or enhances infrastructure so that such
infrastructure--
``(A) is planned, designed, and operated in a
way that anticipates, prepares for, and adapts
to changing climate conditions; and
``(B) can withstand, respond to, and recover
rapidly from disruptions caused by these
climate conditions.
``(6) Electrification.--The term `electrification'
means the installation, construction, or use of end-use
electric technology that replaces existing fossil-fuel-
based technology.
``(7) Energy efficiency.--The term `energy
efficiency' means any project, technology, function, or
measure that results in the reduction of energy use
required to achieve the same level of service or output
prior to the application of such project, technology,
function, or measure, or substantially reduces
greenhouse gas emissions relative to emissions that
would have occurred prior to the application of such
project, technology, function, or measure.
``(8) Fuel switching.--The term `fuel switching'
means any project that replaces a fossil-fuel-based
heating system with an electric-powered system or one
powered by biomass-generated heat.
``(9) Green bank.--The term `green bank' means a
dedicated public or nonprofit specialized finance
entity that--
``(A) is designed to drive private capital
into market gaps for low- and zero-emission
goods and services;
``(B) uses finance tools to mitigate climate
change;
``(C) does not take deposits;
``(D) is funded by government, public,
private, or charitable contributions; and
``(E) invests or finances projects--
``(i) alone; or
``(ii) in conjunction with other
investors.
``(10) Qualified projects.--The terms `qualified
projects' means the following kinds of technologies and
activities that are eligible for financing and
investment from the Clean Energy and Sustainability
Accelerator, either directly or through State and local
green banks funded by the Clean Energy and
Sustainability Accelerator:
``(A) Renewable energy generation, including
the following:
``(i) Solar.
``(ii) Wind.
``(iii) Geothermal.
``(iv) Hydropower.
``(v) Ocean and hydrokinetic.
``(vi) Fuel cell.
``(B) Building energy efficiency, fuel
switching, and electrification.
``(C) Industrial decarbonization.
``(D) Grid technology such as transmission,
distribution, and storage to support clean
energy distribution, including smart-grid
applications.
``(E) Agriculture and forestry projects that
reduce net greenhouse gas emissions.
``(F) Clean transportation, including the
following:
``(i) Battery electric vehicles.
``(ii) Plug-in hybrid electric
vehicles.
``(iii) Hydrogen vehicles.
``(iv) Other zero-emissions fueled
vehicles.
``(v) Related vehicle charging and
fueling infrastructure.
``(G) Climate resilient infrastructure.
``(H) Any other key areas identified by the
Board as consistent with the mandate of the
Accelerator as described in section 1623.
``(11) Renewable energy generation.--The term
`renewable energy generation' means electricity created
by sources that are continually replenished by nature,
such as the sun, wind, and water.
``SEC. 1622. ESTABLISHMENT.
``(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, there shall be established a
nonprofit corporation to be known as the `Clean Energy and
Sustainability Accelerator'.
``(b) Limitation.--The Accelerator shall not be an agency or
instrumentality of the Federal Government.
``(c) Full Faith and Credit.--The full faith and credit of
the United States shall not extend to the Accelerator.
``(d) Nonprofit Status.--The Accelerator shall maintain its
status as an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
``SEC. 1623. MANDATE.
``The Accelerator shall make the United States a world leader
in combating the causes and effects of climate change through
the rapid deployment of mature technologies and scaling of new
technologies by maximizing the reduction of emissions in the
United States for every dollar deployed by the Accelerator,
including by--
``(1) providing financing support for investments in
the United States in low- and zero-emissions
technologies and processes in order to rapidly
accelerate market penetration;
``(2) catalyzing and mobilizing private capital
through Federal investment and supporting a more robust
marketplace for clean technologies, while avoiding
competition with private investment;
``(3) enabling climate-impacted communities to
benefit from and afford projects and investments that
reduce emissions;
``(4) providing support for workers and communities
impacted by the transition to a low-carbon economy;
``(5) supporting the creation of green banks within
the United States where green banks do not exist; and
``(6) causing the rapid transition to a clean energy
economy without raising energy costs to end users and
seeking to lower costs where possible.
``SEC. 1624. FINANCE AND INVESTMENT DIVISION.
``(a) In General.--There shall be within the Accelerator a
finance and investment division, which shall be responsible
for--
``(1) the Accelerator's greenhouse gas emissions
mitigation efforts by directly financing qualifying
projects or doing so indirectly by providing capital to
State and local green banks;
``(2) originating, evaluating, underwriting, and
closing the Accelerator's financing and investment
transactions in qualified projects;
``(3) partnering with private capital providers and
capital markets to attract coinvestment from private
banks, investors, and others in order to drive new
investment into underpenetrated markets, to increase
the efficiency of private capital markets with respect
to investing in greenhouse gas reduction projects, and
to increase total investment caused by the Accelerator;
``(4) managing the Accelerator's portfolio of assets
to ensure performance and monitor risk;
``(5) ensuring appropriate debt and risk mitigation
products are offered; and
``(6) overseeing prudent, noncontrolling equity
investments.
``(b) Products and Investment Types.--The finance and
investment division of the Accelerator may provide capital to
qualified projects in the form of--
``(1) senior, mezzanine, and subordinated debt;
``(2) credit enhancements including loan loss
reserves and loan guarantees;
``(3) aggregation and warehousing;
``(4) equity capital; and
``(5) any other financial product approved by the
Board.
``(c) State and Local Green Bank Capitalization.--The finance
and investment division of the Accelerator shall make capital
available to State and local green banks to enable such banks
to finance qualifying projects in their markets that are better
served by a locally based entity, rather than through direct
investment by the Accelerator.
``(d) Investment Committee.--The debt, risk mitigation, and
equity investments made by the Accelerator shall be--
``(1) approved by the investment committee of the
Board; and
``(2) consistent with an investment policy that has
been established by the investment committee of the
Board in consultation with the risk management
committee of the Board.
``SEC. 1625. START-UP DIVISION.
``There shall be within the Accelerator a Start-up Division,
which shall be responsible for providing technical assistance
and start-up funding to States and other political subdivisions
that do not have green banks to establish green banks in those
States and political subdivisions, including by working with
relevant stakeholders in those States and political
subdivisions.
``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE FINANCING
PROGRAM.
``Not later than 1 year after the date of establishment of
the Accelerator, the Accelerator shall explore the
establishment of a program to provide low- and zero-interest
loans, up to 30 years in length, to any school, metropolitan
planning organization, or nonprofit organization seeking
financing for the acquisition of zero-emissions vehicle fleets
or associated infrastructure to support zero-emissions vehicle
fleets.
``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS.
``(a) Emissions Reduction Mandate.--In investing in projects
that mitigate greenhouse gas emissions, the Accelerator shall
maximize the reduction of emissions in the United States for
every dollar deployed by the Accelerator.
``(b) Environmental Justice Prioritization.--
``(1) In general.--In order to address environmental
justice needs, the Accelerator shall, as applicable,
prioritize the provision of program benefits and
investment activity that are expected to directly or
indirectly result in the deployment of projects to
serve, as a matter of official policy, climate-impacted
communities.
``(2) Minimum percentage.--The Accelerator shall
ensure that over the 30-year period of its charter 20
percent of its investment activity is directed to serve
climate-impacted communities.
``(c) Consumer Protection.--
``(1) Prioritization.--Consistent with mandate under
section 1623 to maximize the reduction of emissions in
the United States for every dollar deployed by the
Accelerator, the Accelerator shall prioritize qualified
projects according to benefits conferred on consumers
and affected communities.
``(2) Consumer credit protection.--The Accelerator
shall ensure that any residential energy efficiency or
distributed clean energy project in which the
Accelerator invests directly or indirectly complies
with the requirements of the Consumer Credit Protection
Act (15 U.S.C. 1601 et seq.), including, in the case of
a financial product that is a residential mortgage
loan, any requirements of title I of that Act relating
to residential mortgage loans (including any
regulations promulgated by the Bureau of Consumer
Financial Protection under section 129C(b)(3)(C) of
that Act (15 U.S.C. 1639c(b)(3)(C))).
``(d) Labor.--
``(1) In general.--The Accelerator shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed directly
by the Accelerator will be paid wages not less than
those prevailing on similar construction in the
locality, as determined by the Secretary of Labor under
sections 3141 through 3144, 3146, and 3147 of title 40,
United States Code.
``(2) Project labor agreement.--The Accelerator shall
ensure that projects financed directly by the
Accelerator with total capital costs of $100,000,000 or
greater utilize a project labor agreement.
``SEC. 1628. BOARD OF DIRECTORS.
``(a) In General.--The Accelerator shall operate under the
direction of a Board of Directors, which shall be composed of 7
members.
``(b) Initial Composition and Terms.--
``(1) Selection.--The initial members of the Board
shall be selected as follows:
``(A) Appointed members.--Three members shall
be appointed by the President, with the advice
and consent of the Senate, of whom no more than
two shall belong to the same political party.
``(B) Elected members.--Four members shall be
elected unanimously by the 3 members appointed
and confirmed pursuant to subparagraph (A).
``(2) Terms.--The terms of the initial members of the
Board shall be as follows:
``(A) The 3 members appointed and confirmed
under paragraph (1)(A) shall have initial 5-
year terms.
``(B) Of the 4 members elected under
paragraph (1)(B), 2 shall have initial 3-year
terms, and 2 shall have initial 4-year terms.
``(c) Subsequent Composition and Terms.--
``(1) Selection.--Except for the selection of the
initial members of the Board for their initial terms
under subsection (b), the members of the Board shall be
elected by the members of the Board.
``(2) Disqualification.--A member of the Board shall
be disqualified from voting for any position on the
Board for which such member is a candidate.
``(3) Terms.--All members elected pursuant to
paragraph (1) shall have a term of 5 years.
``(d) Qualifications.--The members of the Board shall
collectively have expertise in--
``(1) the fields of clean energy, electric utilities,
industrial decarbonization, clean transportation,
resiliency, and agriculture and forestry practices;
``(2) climate change science;
``(3) finance and investments; and
``(4) environmental justice and matters related to
the energy and environmental needs of climate-impacted
communities.
``(e) Restriction on Membership.--No officer or employee of
the Federal or any other level of government may be appointed
or elected as a member of the Board.
``(f) Quorum.--Five members of the Board shall constitute a
quorum.
``(g) Bylaws.--
``(1) In general.--The Board shall adopt, and may
amend, such bylaws as are necessary for the proper
management and functioning of the Accelerator.
``(2) Officers.--In the bylaws described in paragraph
(1), the Board shall--
``(A) designate the officers of the
Accelerator; and
``(B) prescribe the duties of those officers.
``(h) Vacancies.--Any vacancy on the Board shall be filled
through election by the Board.
``(i) Interim Appointments.--A member elected to fill a
vacancy occurring before the expiration of the term for which
the predecessor of that member was appointed or elected shall
serve for the remainder of the term for which the predecessor
of that member was appointed or elected.
``(j) Reappointment.--A member of the Board may be elected
for not more than 1 additional term of service as a member of
the Board.
``(k) Continuation of Service.--A member of the Board whose
term has expired may continue to serve on the Board until the
date on which a successor member is elected.
``(l) Chief Executive Officer.--The Board shall appoint a
chief executive officer who shall be responsible for--
``(1) hiring employees of the Accelerator;
``(2) establishing the 2 divisions of the Accelerator
described in sections 1624 and 1625; and
``(3) performing any other tasks necessary for the
day-to-day operations of the Accelerator.
``(m) Advisory Committee.--
``(1) Establishment.--The Accelerator shall establish
an advisory committee (in this subsection referred to
as the `advisory committee'), which shall be composed
of not more than 13 members appointed by the Board on
the recommendation of the president of the Accelerator.
``(2) Members.--Members of the advisory committee
shall be broadly representative of interests concerned
with the environment, production, commerce, finance,
agriculture, forestry, labor, services, and State
Government. Of such members--
``(A) not fewer than 3 shall be
representatives of the small business
community;
``(B) not fewer than 2 shall be
representatives of the labor community, except
that no 2 members may be from the same labor
union;
``(C) not fewer than 2 shall be
representatives of the environmental
nongovernmental organization community, except
that no 2 members may be from the same
environmental organization;
``(D) not fewer than 2 shall be
representatives of the environmental justice
nongovernmental organization community, except
that no 2 members may be from the same
environmental organization;
``(E) not fewer than 2 shall be
representatives of the consumer protection and
fair lending community, except that no 2
members may be from the same consumer
protection or fair lending organization; and
``(F) not fewer than 2 shall be
representatives of the financial services
industry with knowledge of and experience in
financing transactions for clean energy and
other sustainable infrastructure assets.
``(3) Meetings.--The advisory committee shall meet
not less frequently than once each quarter.
``(4) Duties.--The advisory committee shall--
``(A) advise the Accelerator on the programs
undertaken by the Accelerator; and
``(B) submit to the Congress an annual report
with comments from the advisory committee on
the extent to which the Accelerator is meeting
the mandate described in section 1623,
including any suggestions for improvement.
``(n) Chief Risk Officer.--
``(1) Appointment.--Subject to the approval of the
Board, the chief executive officer shall appoint a
chief risk officer from among individuals with
experience at a senior level in financial risk
management, who--
``(A) shall report directly to the Board; and
``(B) shall be removable only by a majority
vote of the Board.
``(2) Duties.--The chief risk officer, in
coordination with the risk management and audit
committees established under section 1631, shall
develop, implement, and manage a comprehensive process
for identifying, assessing, monitoring, and limiting
risks to the Accelerator, including the overall
portfolio diversification of the Accelerator.
``SEC. 1629. ADMINISTRATION.
``(a) Capitalization.--
``(1) In general.--To the extent and in the amounts
provided in advance in appropriations Acts, the
Secretary of Energy shall transfer to the Accelerator--
``(A) $10,000,000,000 on the date on which
the Accelerator is established under section
1622; and
``(B) $2,000,000,000 on October 1 of each of
the 5 fiscal years following that date.
``(2) Authorization of appropriations.--For purposes
of the transfers under paragraph (1), there are
authorized to be appropriated--
``(A) $10,000,000,000 for the fiscal year in
which the Accelerator is established under
section 1622; and
``(B) $2,000,000,000 for each of the 5
succeeding fiscal years.
``(b) Charter.--The Accelerator shall establish a charter,
the term of which shall be 30 years.
``(c) Operational Funds.--To sustain operations, the
Accelerator shall manage revenue from financing fees, interest,
repaid loans, and other types of funding.
``(d) Report.--The Accelerator shall submit on a quarterly
basis to the relevant committees of Congress a report that
describes the financial activities, emissions reductions, and
private capital mobilization metrics of the Accelerator for the
previous quarter.
``(e) Restriction.--The Accelerator shall not accept
deposits.
``(f) Committees.--The Board shall establish committees and
subcommittees, including--
``(1) an investment committee; and
``(2) in accordance with section 1630--
``(A) a risk management committee; and
``(B) an audit committee.
``SEC. 1630. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND AUDIT
COMMITTEE.
``(a) In General.--To assist the Board in fulfilling the
duties and responsibilities of the Board under this subtitle,
the Board shall establish a risk management committee and an
audit committee.
``(b) Duties and Responsibilities of Risk Management
Committee.--Subject to the direction of the Board, the risk
management committee established under subsection (a) shall
establish policies for and have oversight responsibility for--
``(1) formulating the risk management policies of the
operations of the Accelerator;
``(2) reviewing and providing guidance on operation
of the global risk management framework of the
Accelerator;
``(3) developing policies for--
``(A) investment;
``(B) enterprise risk management;
``(C) monitoring; and
``(D) management of strategic, reputational,
regulatory, operational, developmental,
environmental, social, and financial risks; and
``(4) developing the risk profile of the Accelerator,
including--
``(A) a risk management and compliance
framework; and
``(B) a governance structure to support that
framework.
``(c) Duties and Responsibilities of Audit Committee.--
Subject to the direction of the Board, the audit committee
established under subsection (a) shall have oversight
responsibility for--
``(1) the integrity of--
``(A) the financial reporting of the
Accelerator; and
``(B) the systems of internal controls
regarding finance and accounting;
``(2) the integrity of the financial statements of
the Accelerator;
``(3) the performance of the internal audit function
of the Accelerator; and
``(4) compliance with the legal and regulatory
requirements related to the finances of the
Accelerator.
``SEC. 1631. OVERSIGHT.
``(a) External Oversight.--The inspector general of the
Department of Energy shall have oversight responsibilities over
the Accelerator.
``(b) Reports and Audit.--
``(1) Annual report.--The Accelerator shall publish
an annual report which shall be transmitted by the
Accelerator to the President and the Congress.
``(2) Annual audit of accounts.--The accounts of the
Accelerator shall be audited annually. Such audits
shall be conducted in accordance with generally
accepted auditing standards by independent certified
public accountants who are certified by a regulatory
authority of the jurisdiction in which the audit is
undertaken.
``(3) Additional audits.--In addition to the annual
audits under paragraph (2), the financial transactions
of the Accelerator for any fiscal year during which
Federal funds are available to finance any portion of
its operations may be audited by the Government
Accountability Office in accordance with such rules and
regulations as may be prescribed by the Comptroller
General of the United States.
``SEC. 1632. MAXIMUM CONTINGENT LIABILITY.
``The maximum contingent liability of the Accelerator that
may be outstanding at any time shall be not more than
$70,000,000,000 in the aggregate.''.
----------
9. An Amendment To Be Offered by Representative Foster of Illinois or
His Designee
In section 33114(b), strike paragraph (2) and insert the
following:
(2) Additional requirements.--In establishing the
program under paragraph (1), the Secretary shall--
(A) identify and coordinate across all
relevant program offices throughout the
Department of Energy key areas of existing and
future research with respect to a portfolio of
technologies and approaches;
(B) adopt long-term cost, performance, and
demonstration targets for different types of
energy storage systems and for use in a variety
of regions, including rural areas;
(C) incorporate considerations of
sustainability, sourcing, recycling, reuse, and
disposal of materials, including critical
elements, in the design of energy storage
systems;
(D) identify energy storage duration needs;
(E) analyze the need for various types of
energy storage to improve electric grid
resilience and reliability; and
(F) support research and development of
advanced manufacturing technologies that have
the potential to improve United States
competitiveness in energy storage
manufacturing.
(3) Establishment.--
(A) In general.--Not later than 180 days
after the date of enactment of this Act, the
Secretary shall establish within the Office of
Electricity of the Department of Energy a
research, development, and demonstration
program of grid-scale energy storage systems,
in accordance with this subsection.
(B) Goals, priorities, cost targets.--The
Secretary shall develop goals, priorities, and
cost targets for the program.
(4) Strategic plan.--
(A) In general.--Not later than 180 days
after the date of enactment of this section,
the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology
of the House of Representatives a 10-year
strategic plan for the program.
(B) Contents.--The strategic plan submitted
under subparagraph (A) shall--
(i) identify Department of Energy
programs that--
(I) support the research and
development activities
described in paragraph (5) and
the demonstration projects
under paragraph (3) under
subsection (e); and
(II)(aa) do not support the
activities or projects
described in subclause (I); but
(bb) are important to the
development of grid-scale
energy storage systems and the
mission of the Office of
Electricity of the Department
of Energy, as determined by the
Secretary; and
(ii) include expected timelines for--
(I) the accomplishment of
relevant objectives under
current programs of the
Department of Energy relating
to grid-scale energy storage
systems; and
(II) the commencement of any
new initiatives within the
Department of Energy relating
to grid-scale energy storage
systems to accomplish those
objectives.
(C) Updates to plan.--Not less frequently
than once every 2 years, the Secretary shall
submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives an updated 10-year strategic
plan, which shall identify, and provide a
justification for, any major deviation from a
previous strategic plan submitted under this
paragraph.
(5) Research and development.--In carrying out the
program, the Secretary shall focus research and
development activities on developing cost effective
energy storage systems that--
(A)(i) to balance day-scale needs, are
capable of highly flexible power output for not
less than 6 hours; and
(ii) have a lifetime of--
(I) not less than 8,000 cycles of
discharge at full output; and
(II) 20 years of operation;
(B)(i) can provide power to the electric grid
for durations of approximately 10 to 100 hours;
and
(ii) have a lifetime of--
(I) not less than 1,500 cycles of
discharge at full output; and
(II) 20 years of operation; and
(C) can store energy over several months and
address seasonal scale variations in supply and
demand.
(6) Cost targets.--Cost targets developed by the
Secretary under paragraph (3)(B) shall--
(A) be for energy storage costs across all
types of energy storage technology; and
(B) include technology costs, installation
costs, balance of services costs, and soft
costs.
(7) Testing and validation.--The Secretary shall
support the standardized testing and validation of
energy storage systems under the program through
collaboration with 1 or more National Laboratories,
including the development of methodologies to
independently validate energy storage technologies by
performance of energy storage systems on the electric
grid, including when appropriate, testing of
application-driven charge and discharge protocols.
(8) Target updates; subtargets.--Not less frequently
than once every 5 years during the 10-year period
beginning on the date of enactment of this section, the
Secretary shall--
(A) revise the cost targets developed under
paragraph (3)(B) to be more stringent, based
on--
(i) a technology-neutral approach
that considers all types of energy
storage deployment scenarios, including
individual technologies, technology
combination use profiles, and
integrated control system applications;
(ii) input from a variety of
stakeholders;
(iii) the inclusion and use of
existing infrastructure; and
(iv) the ability to optimize the
integration of intermittent renewable
energy generation technology and
distributed energy resources; and
(B) establish cost subtargets for
technologies and applications relating to the
energy storage systems described in paragraph
(5), taking into consideration--
(i) electricity market prices; and
(ii) the goal of being cost-
competitive in specific markets for
electric grid products and services.
In section 33114(e), add at the end the following:
(3) Demonstration projects.--
(A) In general.--Not later than September 30,
2023, under the program, the Secretary shall,
to the maximum extent practicable, enter into
agreements to carry out not more than 5 grid-
scale energy storage system demonstration
projects.
(B) Objectives.--Each demonstration project
carried out under subparagraph (A) shall be
designed to further the development of the
energy storage systems described in subsection
(b)(5).
----------
10. An Amendment To Be Offered by Representative Haaland of New Mexico
or Her Designee
Page 1417, after line 7, insert the following:
Subtitle G--Extension of 2.5 GHz Rural Tribal Priority Window
SEC. 31701. EXTENSION OF 2.5 GHZ RURAL TRIBAL PRIORITY WINDOW.
The Commission shall extend the Rural Tribal Priority Window
established for the 2.5 gigahertz band in the Public Notice
released by the Commission on December 2, 2019 (DA 19-1226), by
not less than 180 days.
----------
11. An Amendment To Be Offered by Representative Hayes of Connecticut
or Her Designee
Page 1619, line 7, strike ``$65,000,000'' and insert
``$130,000,000''.
Page 1619, line 8, strike ``$15,000,000'' and insert
``$45,000,000''.
----------
12. An Amendment To Be Offered by Representative Krishnamoorthi of
Illinois or His Designee
Insert after section 32006 the following new section (and
redesignate the succeeding sections and conform the table of
contents accordingly):
SEC. 32007. CHILD RESTRAINT SYSTEMS.
(a) Labeling Requirement.--Not later than 180 days after the
date of enactment of this section, the Administrator of the
National Highway Traffic Safety Administration shall revise
Federal motor vehicle safety standard 213 prescribed under
section 30111 of title 49, United States Code, to require that
booster seat child restraint systems (those used in motor
vehicles, as defined under such standard) contain a clear and
conspicuous label, on both the packaging of such system and
attached to such system the following labels:
(1) A label stating the following: ``For use of
children who are over 40 lbs and four years old or
older''.
(2) A label stating the following: ``Strongly
recommended children use this seat only when they reach
either the height or weight limit for a child harness
car seat as indicated by the manufacturer''.
(3) On the harness package, a label stating the
following: ``To prevent possible child injury or death
it is important to delay the transition from a 5-point
harness seat to a booster seat as long as possible,
until the child reaches the harness' weight or height
limits as set by the manufacturer''.
(b) Semi-Annual Reporting Requirement on Side Impact
Crashes.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter until the promulgation of the final rule
relating to the protection of children seated in child
restraint systems during side impact crashes required
under section 31501(a) of the Moving Ahead for Progress
in the 21st Century Act (49 U.S.C. 30127 note), the
Administrator of the National Highway Traffic Safety
Administration shall submit to Congress and make
publicly available on the website of the Administration
a report regarding the current status of such rule.
(2) Matters to be included.--Each report required by
paragraph (1) shall include, at a minimum, the
following:
(A) The current expected timeline for the
promulgation of such rule.
(B) Any technical or administrative
challenges delaying the promulgation of such
rule.
(C) Any new financial resources or
legislative authorities necessary to promulgate
such rule.
(D) The number of children injured or killed
in side impact crashes while restrained in a 5-
point harness or booster seat between the date
of the enactment of the Moving Ahead for
Progress in the 21st Century Act (Public Law
112-141) and the date of the report.
----------
13. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee
Page 1685, line 1, insert ``and the reduction of wait times
for results'' after ``capacity''.
----------
14. An Amendment To Be Offered by Representative Lipinski of Illinois
or His Designee
On page 1459, insert at the end the following new section:
``Sec. 32007. Motor vehicle pedestrian and cyclist protection
``(a) Rulemaking.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Transportation,
through the Administrator of the National Highway Traffic
Safety Administration, shall issue a final rule that--
``(1) establishes standards for the hood and bumper
areas of motor vehicles, including passenger cars,
multipurpose passenger vehicles, trucks, and buses with
a gross vehicle weight rating of 4,536 kilograms
(10,000 pounds) or less, in order to reduce the number
of injuries and fatalities suffered by vulnerable road
users, including pedestrians and cyclists, who are
struck by such vehicles; and
``(2) considers the protection of vulnerable
pedestrian and cycling populations, including children
and older adults, and people with disabilities.
``(b) Compliance.--The rule issued under subsection (a) shall
require full compliance with minimum performance standards
established by the Secretary not later than 2 years after the
date on which the final rule is issued.''.
----------
15. An Amendment To Be Offered by Representative Lujan of New Mexico or
His Designee
In the appropriate place, insert the following new section:
SEC. ___. NATIONAL LABS RESTORATION AND MODERNIZATION.
(a) In General.--The Secretary of Energy shall fund projects
described in subsection (b) as needed to address deferred
maintenance, critical infrastructure needs, and modernization
of National Laboratories.
(b) Use of Funds.--The projects described in this subsection
are the following:
(1) Priority deferred maintenance projects, including
facilities maintenance and refurbishment of research
laboratories, administrative and support buildings,
utilities, roads, power plants and any other critical
infrastructure, as determined by the Secretary of
Energy.
(2) Lab modernization projects, including core
infrastructure needed to support emerging science
missions with new and specialized requirements and to
maintain safe, efficient, reliable, and environmentally
responsible operations, as determined by the Secretary
of Energy.
(c) Authorization of Appropriations.--There are authorized to
be appropriated for each of the fiscal years 2021 to 2025
$1,200,000,000; whereas not less than one sixth of what is
appropriated must be stewarded by the Department of Energy
Office of Science.
(d) Submission to Congress.--The Secretary of the Energy
shall submit to the Committee on Appropriations and the
Committee on Science, Space and Technology of the House of
Representatives and to the Committee on Appropriations and the
Committee on Energy and Natural Resources of the Senate, with
the annual budget submission of the President for each year
through fiscal year 2025, a list of projects for which the
Secretary will provide funding under this section, including a
description of each such project.
(e) National Laboratory.--In this section, the term
``National Laboratory'' has the meaning given the term in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
----------
16. An Amendment To Be Offered by Representative Matsui of California
or Her Designee
Page 1635, line 1, strike ``$75,000'' and insert
``$100,000''.
Page 1640, line 18, strike ``240'' and insert ``208''.
----------
17. An Amendment To Be Offered by Representative Matsui of California
or Her Designee
In division G, at the end of subtitle B of title III, add the
following:
CHAPTER 5--TARGETED RESIDENTIAL TREE-PLANTING
SEC. 33261. DEFINITIONS.
As used in this chapter:
(1) The term ``nonprofit tree-planting organization''
means any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)), that is exempt from taxation under section
501(a) of such Code (26 U.S.C. 501(a)), which exists,
in whole or in part, to--
(A) expand urban and residential tree cover;
(B) distribute young trees for planting;
(C) increase awareness of the environmental
and energy-related benefits of trees;
(D) educate the public about proper tree
planting, care, and maintenance strategies; or
(E) carry out any combination of the
foregoing activities.
(2) The term ``retail power provider'' means any
entity authorized under applicable State or Federal law
to generate, distribute, or provide retail electricity,
natural gas, or fuel oil service.
(3) The term ``Secretary'' means the Secretary of
Energy.
(4) The term ``State'' means each of the several
States, the District of Columbia, and each
commonwealth, territory, or possession of the United
States.
SEC. 33262. GRANT PROGRAM.
(a) Authority.--The Secretary shall establish a grant program
to provide financial assistance to retail power providers to
support the establishment of new, or continued operation of
existing, targeted residential tree-planting programs.
(b) Cooperation.--In carrying out the grant program
established pursuant to subsection (a), the Secretary may
cooperate with, and provide assistance for such cooperation to,
State foresters or equivalent State officials or Indian Tribes.
(c) Requirements for Tree-Planting Programs.--In order to
qualify for assistance under the grant program established
pursuant to subsection (a), a retail power provider shall, in
accordance with this chapter, establish and operate, or
continue operating, a targeted residential tree-planting
program that meets each of the following requirements:
(1) The program shall provide free or discounted
shade-providing or wind-reducing trees to residential
consumers. If providing free and discounted trees under
the program, priority for free trees shall be given to
areas where the average annual income is below the
regional median.
(2) The program shall either provide trees to plant
to--
(A) provide maximum amounts of shade during
summer intervals when residences are exposed to
the most sun intensity; or
(B) provide maximum amounts of wind
protection during fall and winter intervals
when residences are exposed to the most wind
intensity.
(3) The program shall use the best available science
to create, as needed, and utilize tree-siting
guidelines which dictate where the optimum tree species
are best planted in locations that ensure adequate root
development and that achieve maximum reductions in
consumer energy demand while causing the least
disruption to public infrastructure, considering
overhead and underground facilities. Such guidelines
shall--
(A) include the species and minimum size of
trees that are mostly likely to result in a
successful tree planting; and
(B) outline the minimum distance required--
(i) between the trees that are being
planted; and
(ii) between such trees and building
foundations, air conditioning units,
driveways and walkways, property
fences, preexisting utility
infrastructure, septic systems,
swimming pools, and other
infrastructure as determined
appropriate; and
(C) ensure that trees planted under the tree-
planting program near existing power lines will
not interfere with energized electricity
distribution lines when mature.
(4) The program shall provide that no new trees will
be planted under or adjacent to high-voltage electric
transmission lines without prior consultation with the
retail power provider with jurisdiction over such
transmission lines.
(5) The program shall provide tree recipients with
tree planting and tree care instruction and education
prior to or in conjunction with delivery of free or
discounted trees.
(6) The program shall provide for engagement and
collaboration with community members that will be
affected by the program.
(7) The program shall provide tree care assistance
for trees planted under the program for a period of
time, to be determined by the retail power provider, in
consultation with the nonprofit tree-planting
organization, local municipal government, or
conservation district with which the retail power
provider has entered into an agreement described in
subsection (e) and the applicable local technical
advisory committee established pursuant to subsection
(f), to ensure long-term survival of the trees.
(8) The program has been certified by the Secretary
that it is designed to achieve the requirements set
forth in paragraphs (1) through (7). In designating
criteria for such certification, the Secretary shall
collaborate with the Forest Service's Urban and
Community Forestry Program, and may consult with the
Administrator of the Environmental Protection Agency,
to ensure that such criteria are consistent with such
requirements.
(d) New Program Funding Share.--The Secretary shall ensure
that no less than 30 percent of the funds made available under
this chapter are distributed to retail power providers that--
(1) have not previously established or operated a
targeted residential tree-planting program that meets
the requirements described in subsection (c); or
(2) are operating a targeted residential tree-
planting program that meets the requirements described
in subsection (c) which was established no more than
three years prior to the date of enactment of this Act.
(e) Agreements Between Retail Power Providers and Nonprofit
Tree-Planting Organizations.--
(1) Grant authorization.--The Secretary may provide
assistance under the grant program established pursuant
to subsection (a) only to a retail power provider that
has entered into a binding legal agreement with a
nonprofit tree-planting organization.
(2) Conditions of agreement.--An agreement between a
retail power provider and a nonprofit tree-planting
organization described in paragraph (1) shall set forth
conditions under which such nonprofit tree-planting
organization shall carry out a targeted residential
tree-planting program that is established or operated
by the retail power provider. Such conditions--
(A) shall require the nonprofit tree-planting
organization to participate in a local
technical advisory committee in accordance with
subsection (f); and
(B) may require the nonprofit tree-planting
organization to--
(i) coordinate volunteer recruitment
to assist with the physical act of
planting trees in residential locations
under the tree-planting program;
(ii) support a workforce development
program that trains a local workforce
and assists with job-placement;
(iii) undertake a public awareness
campaign to educate local residents
about the benefits, cost savings, and
availability of free trees;
(iv) establish education and
information campaigns to encourage
recipients of trees under the tree-
planting program to maintain their
trees over the long term;
(v) serve as the point of contact for
existing and potential residential
participants who have questions or
concerns regarding the tree-planting
program;
(vi) require recipients of trees
under the tree-planting program to sign
agreements committing to voluntary
stewardship and care of provided trees;
and
(vii) monitor and report on the
survival, growth, overall health, and
estimated energy savings of trees
provided under the tree-planting
program up until the end of their
establishment period, which shall be no
less than 5 years.
(3) Lack of nonprofit tree-planting organization.--If
a nonprofit tree-planting organization does not exist
or operate within the area served by a retail power
provider applying for assistance under this section,
the requirements of this section shall apply to binding
legal agreements entered into by such retail power
provider and one of the following entities:
(A) A local municipal government with
jurisdiction over the urban or suburban forest.
(B) A conservation district.
(f) Technical Advisory Committees.--
(1) Condition.--In order to qualify for assistance
under the grant program established pursuant to
subsection (a), a retail power provider shall agree to
consult with the nonprofit tree-planting organization,
local municipal government, or conservation district
with which the retail power provider has entered into
an agreement described in subsection (e) and State
foresters or equivalent State officials to establish a
local technical advisory committee described in
paragraph (2) not later than 30 days after receiving
such assistance.
(2) Description.--A local technical advisory
committee shall provide advice to, and consult with, a
retail power provider and nonprofit tree-planting
organization, local municipal government, or
conservation district regarding the applicable targeted
residential tree-planting program. The advisory
committee may--
(A) design and adopt an approved plant list
for the tree-planting program that emphasizes
the use of hardy, noninvasive tree species and,
where geographically appropriate, the use of
native or low water-use shade trees, or both;
(B) design and adopt planting, installation,
and maintenance specifications and create a
process for inspection and quality control for
the tree-planting program;
(C) assist in developing long-term care and
maintenance instructions for recipients of
trees under the tree-planting program;
(D) assist the retail power provider and
nonprofit tree-planting organization, local
municipal government, or conservation district,
as appropriate, with public outreach and
education regarding the tree-planting program;
(E) assist in establishing a procedure for
monitoring and collection of data on tree
health, tree survival, and energy conservation
benefits generated by the tree-planting
program;
(F) provide guidelines and recommendations
for establishing or supporting existing
workforce development programs as part of, and
for prioritizing local hiring under, a tree-
planting program; and
(G) assist the retail power provider in
maintaining and compiling information regarding
the tree-planting program for purposes of the
reports described in subsection (i)(1).
(3) Compensation.--Individuals serving on a local
technical advisory committee shall not receive
compensation for their service.
(4) Composition.--Local technical advisory committees
shall be composed of representatives from public,
private, and nongovernmental organizations with
expertise in demand-side energy efficiency management,
urban forestry, arboriculture, or landscape
architecture, and shall be composed of the following:
(A) Up to 4 persons, but no less than one
person, representing the retail power provider
receiving assistance under this section.
(B) Up to 4 persons, but no less than one
person, representing the nonprofit tree-
planting organization that has entered into an
agreement described in subsection (e) with the
retail power provider to carry out the
applicable targeted residential tree-planting
program.
(C) Up to 3 persons representing local
nonprofit conservation or environmental
organizations. Preference shall be given to
those organizations which are organized under
section 501(c)(3) of the Internal Revenue Code
of 1986, and which have demonstrated expertise
engaging the public in energy conservation,
energy efficiency, or green building practices
or a combination thereof. No single
organization may be represented by more than
one individual under this subparagraph.
(D) Up to 2 persons representing a local
affordable housing agency, affordable housing
builder, or community development corporation.
(E) Up to 3, but no less than one, persons
representing local city or county government
for each municipality where a targeted
residential tree-planting program will take
place and at least one of these representatives
shall be the city or county forester, city or
county arborist, conservation district forester
or functional equivalent.
(F) Up to one person representing the local
government agency responsible for management of
roads, sewers, and infrastructure, including
public works departments, transportation
agencies, or equivalents.
(G) Up to 2 persons representing the nursery
and landscaping industry.
(H) Up to 2 persons, but no less than one
person, representing State foresters, landscape
architects, or equivalent State officials.
(I) Up to 3 persons representing the research
community or academia with expertise in natural
resources or energy management issues.
(5) Chairperson.--
(A) In general.--Each local technical
advisory committee shall elect a chairperson to
preside over committee meetings, act as a
liaison to governmental and other outside
entities, and direct the general operation of
the committee.
(B) Eligibility.--Only committee
representatives under paragraph (4)(A) or
paragraph (4)(B) shall be eligible to act as a
local technical advisory committee chairperson.
(6) Credentials.--At least one of the members of each
local technical advisory committee shall be certified
with one or more of the following credentials:
(A) Certified Arborist, International Society
of Arboriculture.
(B) Certified Forester, Society of American
Foresters.
(C) Certified Arborist Municipal Specialist,
International Society of Arboriculture.
(D) Certified Arborist Utility Specialist,
International Society of Arboriculture.
(E) Board Certified Master Arborist,
International Society of Arboriculture.
(F) Licensed landscape architect, American
Society of Landscape Architects.
(g) Cost Share Program.--
(1) Federal share.--The Federal share of support for
any targeted residential tree-planting program funded
under this section shall not exceed 50 percent of the
cost of such program and shall be provided on a
matching basis.
(2) Non-federal share.--The non-Federal share of such
costs may be paid or contributed by any governmental or
nongovernmental entity other than from funds derived
directly or indirectly from an agency or
instrumentality of the United States.
(h) Competitive Grant Procedures.--Not later than 90 days
after the date of enactment of this Act, after notice and
opportunity for comment, the Secretary shall establish
procedures for a public, competitive grants process through
which retail power providers may apply for assistance under
this section.
(i) Reports.--
(1) To the secretary.--Not later than 1 year after
receiving assistance under the grant program
established pursuant to subsection (a), and each
subsequent year for the duration of the grant, each
such recipient shall submit to the Secretary a report
describing the results of the activities funded by such
assistance, including as applicable--
(A) the number of trees planted under the
applicable targeted residential tree-planting
program;
(B) the benefits of the applicable targeted
residential tree-planting program to the local
community;
(C) any barriers to planting trees as part of
the applicable targeted residential tree-
planting program; and
(D) any other information the Secretary
considers appropriate.
(2) To congress.--Not later than 3 years after
providing assistance under the grant program
established pursuant to subsection (a), and each year
after, the Secretary shall submit to Congress a report
that includes--
(A) the number of applications for assistance
under the program received and funded,
annually;
(B) the number of trees planted under the
targeted residential tree-planting programs for
which assistance is provided under the program;
(C) the benefits of such tree-planting
programs, including those related to climate
change, energy savings, and stormwater runoff;
(D) any barriers to planting trees in
communities;
(E) recommendations for improving the grant
program; and
(F) any other information the Secretary
considers appropriate.
SEC. 33263. PUBLIC RECOGNITION INITIATIVE.
(a) Arbor City of America.--The Secretary shall annually--
(1) designate a city, municipality, community, or
other area as the Secretary determines appropriate, as
the ``Arbor City of America'' to recognize superior
efforts in increasing tree canopy coverage and
assisting residents in reducing energy costs through
tree planting; and
(2) provide funding to such city, municipality,
community, or other area to carry out projects that
increase green infrastructure or green spaces within
such city, municipality, community, or other area.
(b) Procedures.--Not later than 90 days after the date of
enactment of this Act, after notice and opportunity for
comment, the Secretary shall establish procedures for carrying
out this section.
SEC. 33264. NONDUPLICITY.
Nothing in this chapter shall be construed to supersede,
duplicate, cancel, or negate the programs or authorities
provided under section 9 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2105).
SEC. 33265. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2021 through 2025, there are
authorized to be appropriated $5,000,000 to carry out this
chapter, of which $250,000 shall be used to provide funding to
the applicable city, municipality, community, or other area
designated under section 33263 as the Arbor City of America for
such year for projects described in such section.
----------
18. An Amendment To Be Offered by Representative Meng of New York or
Her Designee
Page 1464, after line 17, insert the following:
Subchapter C--Other Matters
SEC. 33105. DRINKING WATER FOUNTAIN REPLACEMENT IN PUBLIC PLAYGROUNDS
AND PARKS.
(a) In General.--Part F of the Safe Drinking Water Act (42
U.S.C. 300j-21 et seq.) is amended by adding at the end the
following:
``SEC. 1466. DRINKING WATER FOUNTAIN REPLACEMENT IN PUBLIC PLAYGROUNDS
AND PARKS.
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Administrator shall establish a
grant program to provide assistance to States and
municipalities for the replacement, in playgrounds or parks
owned by States or municipalities, of drinking water fountains
manufactured prior to 1988.
``(b) Use of Funds.--Funds awarded under the grant program--
``(1) shall be used to pay the costs of replacement
of drinking water fountains in playgrounds or parks
owned by a State or municipality receiving such funds;
and
``(2) may be used to pay the costs of monitoring and
reporting of lead levels in the drinking water of
playgrounds or parks owned by a State or municipality
receiving such funds, as determined appropriate by the
Administrator.
``(c) Priority.--In awarding funds under the grant program,
the Administrator shall give priority to projects and
activities that benefit an underserved community or a
disadvantaged community.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2020 through 2025''.
(b) Definitions.--Section 1461 of the Safe Drinking Water Act
(42 U.S.C. 300j-21) is amended by adding at the end the
following:
``(8) Disadvantaged community.--The term
`disadvantaged community' has the meaning given such
term in section 1452(d)(3).
``(9) Playground or park.--The term `playground or
park' means an indoor or outdoor park, building, site,
or other facility, including any parking lot
appurtenant thereto, that is intended for recreation
purposes.
``(10) Underserved community.--The term `underserved
community' has the meaning given such term in section
1459A.''.
----------
19. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee
Page 1220, after line 11, insert the following:
TITLE VI--OTHER MATTERS
SEC. 26001. COVID-19 WASTEWATER SURVEILLANCE RESEARCH PROGRAM.
(a) Findings.--Congress finds the following:
(1) Wastewater surveillance of COVID-19 is a rapidly
evolving area of research that holds great promise as
an early, cost-effective, unbiased community-level
indicator of the presence of COVID-19.
(2) Use of wastewater surveillance to assess
increasing trends in the occurrence of COVID-19,
especially in early detection, has been successfully
demonstrated, however, additional research may help
shed light on other areas where this tool can be
helpful in providing useful information to public
health and elected officials responding to the COVID-19
pandemic.
(b) Grants.--The Administrator of the Environmental
Protection Agency shall establish a program to award research
grants to eligible entities to investigate the use of
wastewater surveillance of the genetic signal of SARS CoV-2 as
an indicator of the distribution of COVID-19 in communities.
(c) Eligible Entities.--Entities eligible to receive a grant
under this section include wastewater utilities (including
those that receive funding through a State water pollution
control revolving fund established pursuant to title VI of the
Federal Water Pollution Control Act), institutions of higher
education, and public-private consortia focused on water
research and technology.
(d) Requirements.--In carrying out subsection (b), the
Administrator, in consultation with wastewater officials and
public health officials, shall--
(1) develop recommendations for--
(A) sample plan design, sample collection,
and sample preservation; and
(B) consistent data collection practices and
documentation that would allow data
comparability;
(2) support greater coordination in research to help
better understand and address knowledge gaps;
(3) support effective communication with the public,
public health officials, elected officials, wastewater
professionals, and the media, on the results of any
wastewater surveillance for tracking trends relating to
COVID-19; and
(4) carry out such other activities as the
Administrator determines appropriate.
(e) Authorization of Appropriations.--There are authorized to
be appropriated for fiscal years 2021 and 2022 such sums as may
be necessary to carry out this section.
----------
20. An Amendment To Be Offered by Representative Norcross of New Jersey
or His Designee
Page 1610, after line 24, insert the following:
CHAPTER 5--INDUSTRIAL ENERGY SAVINGS
SEC. 33261. REBATE PROGRAM FOR ENERGY EFFICIENT ELECTROTECHNOLOGIES.
(a) Definitions.--In this section:
(1) Energy efficient electrotechnology.--The term
``energy efficient electrotechnology'' means--
(A) any electric technology that, when used
instead of a fossil fuel-fired technology in an
industrial process results in--
(i) energy efficiency, or production
efficiency, gains; or
(ii) environmental benefits; or
(B) any electric technology that, when used
instead of a fossil fuel-fired technology in an
industrial application results in--
(i) improvements in on-site logistics
or material handling; and
(ii) energy efficiency gains and
environmental benefits.
(2) Qualified entity.--The term ``qualified entity''
means an industrial or manufacturing facility,
commercial building, or a utility or energy service
company.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a program
to provide rebates in accordance with this section.
(c) Rebates.--The Secretary may provide a rebate under the
program established under subsection (b) to the owner or
operator of a qualified entity for expenditures made by the
owner or operator of the qualified entity for an energy
efficient electrotechnology that is used to replace a fossil
fuel-fired technology.
(d) Requirements.--To be eligible to receive a rebate under
this section, the owner or operator of a qualified entity shall
submit to the Secretary an application demonstrating--
(1) that the owner or operator of the qualified
entity purchased an energy efficient electrotechnology;
(2) the energy efficiency gains, production
efficiency gains, and environmental benefits, as
applicable, resulting from use of the energy efficient
electrotechnology--
(A) as measured by a qualified professional
or verified by the energy efficient
electrotechnology manufacturer, as applicable;
or
(B) as determined by the Secretary;
(3) that the fossil fuel-fired technology replaced by
the energy efficient electrotechnology has been
permanently decommissioned and scrapped; and
(4) that all laborers and mechanics who were involved
in the installation or maintenance, or construction or
renovation to support such installation or maintenance,
of the energy efficient electrotechnology, or the
decommissioning and scrapping of the fossil fuel-fired
technology replaced by the energy efficient
electrotechnology, and who were employed by the owner
or operator of the qualified entity, or contractors or
subcontractors at any tier thereof, were paid wages at
rates not less than those prevailing on projects of a
character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (commonly
referred to as the ``Davis-Bacon Act'').
(e) Limitation.--The Secretary may not provide a rebate under
the program established under subsection (b) to an owner or
operator of a qualified entity for expenditures made by the
owner or operator of the qualified entity for an energy
efficient electrotechnology that is used to replace a fossil
fuel-fired technology if the Secretary determines that such
expenditures were necessary for the owner or operator to comply
with Federal or State law.
(f) Authorized Amount of Rebate.--The amount of a rebate
provided under this section shall be not less than 30 percent,
and not more than 50 percent, of the overall cost of the energy
efficient electrotechnology, including installation costs.
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $100,000,000 for each
of fiscal years 2020 through 2024.
----------
21. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee
Page 439, after line 19, insert the following:
(e) GAO Study.--The Comptroller General of the United States
shall conduct a study on the deployment of broadband
infrastructure to cities and counties with a population of not
less than 2,500 and not more than 50,000.
----------
22. An Amendment To Be Offered by Representative Plaskett of Virgin
Islands or Her Designee
Page 1350, line 19, after ``this section.'' insert the
following: ``In the case of a territory or possession of the
United States in which no such data is collected from the
American Community Survey of the Bureau of the Census as of the
year before the date of the enactment of this section, such
term includes a census tract with a poverty rate of at least 20
percent, as measured by the 2010 Island Areas Decennial Census
of the Bureau of the Census.''.
Page 1351, line 13, after ``available.'' insert the
following: ``In the case of a territory or possession of the
United States, such term includes any county equivalent area in
Puerto Rico with a poverty rate of at least 20 percent, as
determined in each of the 1990 and 2000 decennial censuses and
in the most recent 5-year data series available from the
American Community Survey of the Bureau of the Census as of the
year before the date of the enactment of this section, or any
other territory or possession of the United States with a
poverty rate of at least 20 percent, as determined in each of
the 1990, 2000, and 2010 Island Areas Decennial Censuses of the
Bureau of the Census.''.
----------
23. An Amendment To Be Offered by Representative Plaskett of Virgin
Islands or Her Designee
Page 1464, after line 17, insert the following:
Subtitle C--Other Matters
SEC. 33105. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.
Section 2020 of America's Water Infrastructure Act of 2018
(Public Law 115-270) is amended--
(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)''.
----------
24. An Amendment To Be Offered by Representative Porter of California
or Her Designee
Page 1619, after line 23, insert the following:
SEC. 33312. STUDY ON IMPACT OF AIR POLLUTION FROM VEHICLES IDLING IN
SCHOOL ZONES.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Health and Human Services and the
Administrator of the Environmental Protection Agency, acting
jointly, shall--
(1) complete a study on the impacts on the health of
children related to the emission of air pollutants from
school buses and other vehicles idling in school zones;
and
(2) submit a report to the Congress on the results of
such study.
----------
25. An Amendment To Be Offered by Representative Sablan of Northern
Mariana Islands or His Designee
Page 1464, after line 17, insert the following:
Subchapter C--Other Matters
SEC. 33105. ALLOTMENTS FOR TERRITORIES.
Section 1452(j) of the Safe Drinking Water Act (42 U.S.C.
300j-12(j)) is amended by striking ``0.33 percent'' and
inserting ``1.5 percent''.
----------
26. An Amendment To Be Offered by Representative Slotkin of Michigan or
Her Designee
Page 1462, after line 3, insert the following:
``(e) No Effect on Cleanup Responsibility.--Receipt by a
community water system of a grant under this section shall have
no effect on any responsibility of the Department of Defense
relating to the cleanup of the applicable PFAS.
----------
27. An Amendment To Be Offered by Representative Spanberger of Virginia
or Her Designee
Page 1321, after line 9, insert the following:
SEC. 31207. GAO REPORT.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committee on Energy and Commerce of the House of
Representatives, the Committee on Agriculture of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of the Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Environment and Public Works of the
Senate, and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a report that evaluates the process
used by the Commission for establishing, reviewing, and
updating the upload and download broadband internet access
speed thresholds, including--
(1) how the Commission reviews and updates broadband
internet access speed thresholds;
(2) whether the Commission considers future broadband
internet access speed needs when establishing broadband
internet access speed thresholds, including whether the
Commission considers the need, or the anticipated need,
for higher upload or download broadband internet access
speeds in the five-year period and the ten-year period
after the date on which a broadband speed threshold is
to be established; and
(3) how the Commission considers the impacts of
changing uses of the internet in establishing,
reviewing, or updating broadband internet access speed
thresholds, including--
(A) the proliferation of internet-based
business;
(B) working remotely and running a business
from home;
(C) video teleconferencing;
(D) distance learning;
(E) in-house web hosting; and
(F) cloud data storage.
----------
28. An Amendment To Be Offered by Representative Takano of California
or His Designee
Page 1543, line 18, insert ``, including battery storage
technologies,'' after ``Energy storage technologies''.
PART E--TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. An Amendment To Be Offered by Representative Babin of Texas or His
Designee
Page 61, after line 7, insert the following:
SEC. ___. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Identification.--
(1) Central texas corridor.--Section 1105(c)(84) of
the Intermodal Surface Transportation Efficiency Act of
1991 is amended to read as follows:
``(84) The Central Texas Corridor, including the
route--
``(A) commencing in the vicinity of Texas
Highway 338 in Odessa, Texas, running eastward
generally following Interstate Route 20,
connecting to Texas Highway 158 in the vicinity
of Midland, Texas, then following Texas Highway
158 eastward to United States Route 87 and then
following United States Route 87 southeastward,
passing in the vicinity of San Angelo, Texas,
and connecting to United States Route 190 in
the vicinity of Brady, Texas;
``(B) commencing at the intersection of
Interstate Route 10 and United States Route 190
in Pecos County, Texas, and following United
States Route 190 to Brady, Texas;
``(C) following portions of United States
Route 190 eastward, passing in the vicinity of
Fort Hood, Killeen, Belton, Temple, Bryan,
College Station, Huntsville, Livingston,
Woodville, and Jasper, to the logical terminus
of Texas Highway 63 at the Sabine River Bridge
at Burrs Crossing and including a loop
generally encircling Bryan/College Station,
Texas;
``(D) following United States Route 83
southward from the vicinity of Eden, Texas, to
a logical connection to Interstate Route 10 at
Junction, Texas;
``(E) following United States Route 69 from
Interstate Route 10 in Beaumont, Texas, north
to United States Route 190 in the vicinity of
Woodville, Texas;
``(F) following United States Route 96 from
Interstate Route 10 in Beaumont, Texas, north
to United States Route 190 in the vicinity of
Jasper, Texas; and
``(G) following United States Route 190,
State Highway 305, and United States Route 385
from Interstate Route 10 in Pecos County, Texas
to Interstate 20 at Odessa, Texas.''.
(2) Central louisiana corridor.--Section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of
1991 is amended by adding at the end the following:
``(91) The Central Louisiana Corridor commencing at
the logical terminus of Louisiana Highway 8 at the
Sabine River Bridge at Burrs Crossing and generally
following portions of Louisiana Highway 8 to Leesville,
Louisiana, and then eastward on Louisiana Highway 28,
passing in the vicinity of Alexandria, Pineville,
Walters, and Archie, to the logical terminus of United
States Route 84 at the Mississippi River Bridge at
Vidalia, Louisiana.''.
(3) Central mississippi corridor.--Section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of
1991, as amended by this Act, is further amended by
adding at the end the following:
``(92) The Central Mississippi Corridor, including
the route--
``(A) commencing at the logical terminus of
United States Route 84 at the Mississippi River
and then generally following portions of United
States Route 84 passing in the vicinity of
Natchez, Brookhaven, Monticello, Prentiss, and
Collins, to Interstate 59 in the vicinity of
Laurel, Mississippi, and continuing on
Interstate Route 59 north to Interstate Route
20 and on Interstate Route 20 to the
Mississippi-Alabama State Border; and
``(B) commencing in the vicinity of Laurel,
Mississippi, running south on Interstate Route
59 to United States Route 98 in the vicinity of
Hattiesburg, connecting to United States Route
49 south then following United States Route 49
south to Interstate Route 10 in the vicinity of
Gulfport and following Mississippi Route 601
southerly terminating near the Mississippi
State Port at Gulfport.''.
(4) Middle alabama corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of
1991, as amended by this Act, is further amended by
adding at the end the following:
``(93) The Middle Alabama Corridor including the
route--
``(A) beginning at the Alabama-Mississippi
Border generally following portions of I-20
until following a new interstate extension
paralleling United States Highway 80
specifically:
``(B) crossing Alabama Route 28 near Coatopa,
Alabama, traveling eastward crossing United
States Highway 43 and Alabama Route 69 near
Selma, Alabama, traveling eastwards closely
paralleling United States Highway 80 to the
south crossing over Alabama Routes 22, 41, and
21, until its intersection with I-65 near Hope
Hull, Alabama;
``(C) continuing east along the proposed
Montgomery Outer Loop south of Montgomery,
Alabama where it would next join with I-85 east
of Montgomery, Alabama;
``(D) continuing along I-85 east bound until
its intersection with United States Highway 280
near Opelika, Alabama or United States Highway
80 near Tuskegee, Alabama;
``(E) generally following the most expedient
route until intersecting with existing United
States Highway 80 (JR Allen Parkway) through
Phenix City until continuing into Columbus,
Georgia.''.
(5) Middle georgia corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of
1991, as amended by this Act, is further amended by
adding at the end the following:
``(94) The Middle Georgia Corridor including the
route--
``(A) beginning at the Alabama-Georgia Border
generally following the Fall Line Freeway from
Columbus Georgia to Augusta, Georgia
specifically:
``(B) travelling along United States Route 80
(JR Allen Parkway) through Columbus, Georgia
and near Fort Benning, Georgia, east to Talbot
County, Georgia where it would follow Georgia
Route 96, then commencing on Georgia Route 49C
(Fort Valley Bypass) to Georgia Route 49 (Peach
Parkway) to its intersection with Interstate
route 75 in Byron, Georgia;
``(C) continuing north along Interstate Route
75 through Warner Robins and Macon, Georgia
where it would meet Interstate Route 16.
Following Interstate 16 east it would next join
United States Route 80 and then onto State
Route 57;
``(D) commencing with State Route 57 which
turns into State Route 24 near Milledgeville,
Georgia would then bypass Wrens, Georgia with a
newly constructed bypass. After the bypass it
would join United States Route 1 near Fort
Gordon into Augusta, Georgia where it will
terminate at Interstate Route 520.''.
(b) Inclusion of Certain Segments on Interstate System.--
Section 1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended in the first sentence--
(1) by inserting ``subsection (c)(84),'' after
``subsection (c)(83),''; and
(2) by striking ``and subsection (c)(90)'' and
inserting ``subsection (c)(90), subsection (c)(91),
subsection (c)(92), subsection (c)(93), and subsection
(c)(94)''.
(c) Designation.--Section 1105(e)(5)(C) of the Intermodal
Surface Transportation Efficiency Act of 1991 is amended by
striking ``The route referred to in subsection (c)(84) is
designated as Interstate Route I-14.'' and inserting ``The
route referred to in subsection (c)(84)(A) is designated as
Interstate Route I-14 North. The route referred to in
subsection (c)(84)(B) is designated as Interstate Route I-14
South. The Bryan/College Station, Texas loop referred to in
subsection (c)(84) is designated as Interstate Route I-214. The
routes referred to in subparagraphs (C), (D), (E), (F), and (G)
of subsection (c)(84) and in subsections (c)(91), (c)(92),
(c)(93), and (c)(94) are designated as Interstate Route I-
14.''.
----------
2. An Amendment To Be Offered by Representative Balderson of Ohio or
His Designee
Page 894, line 17, strike ``lane splitting'' and insert
``operating between lanes of slow or stopped traffic''.
----------
3. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee
Page 499, after line 22, insert the following:
SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION NETS AND
BARRIERS FOR STRUCTURES OTHER THAN BRIDGES.
(a) Study.--The Comptroller General of the United States
shall conduct a study to identify--
(1) the types of structures, other than bridges, that
attract a high number of individuals attempting
suicide-by-jumping;
(2) the characteristics that distinguish structures
identified under paragraph (1) from similar structures
that do not attract a high number of individuals
attempting suicide-by-jumping;
(3) the types of nets or barriers that are effective
at reducing suicide-by-jumping with respect to the
structures identified under paragraph (1);
(4) methods of reducing suicide-by-jumping with
respect to the structures identified under paragraph
(1) other than nets and barriers;
(5) quantitative measures of the effectiveness of the
nets and barriers identified under paragraph (3);
(6) quantitative measures of the effectiveness of the
additional methods identified under paragraph (4);
(7) the entities that typically install the nets and
barriers identified under paragraph (3); and
(8) the costs of the nets and barriers identified
under paragraph (3).
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study conducted under subsection (a).
----------
4. An Amendment To Be Offered by Representative Brownley of California
or Her Designee
Page 192, strike lines 14 through 16 and insert the
following:
``(B) Construction or installation of
protective devices (including replacement of
functionally obsolete protective devices) at
railway-highway crossings.''.
----------
5. An Amendment To Be Offered by Representative Calvert of California
or His Designee
At the end of title II of division L, add the following:
Subtitle A--Western Riverside County Wildlife Refuge.
SEC. 82501. ESTABLISHMENT.
The Secretary of the Interior (in this subtitle referred to
as the ``Secretary''), acting through the U.S. Fish and
Wildlife Service, shall establish as a national wildlife refuge
the lands, waters, and interests therein acquired under section
82504. The national wildlife refuge shall be known as the
Western Riverside County National Wildlife Refuge (in this
subtitle referred to as the ``Wildlife Refuge'').
SEC. 82502. PURPOSE.
The purpose of the Wildlife Refuge shall be--
(1) to conserve, manage, and restore wildlife
habitats for the benefit of present and future
generations of Americans;
(2) to conserve species listed as threatened or
endangered under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or the California Endangered
Species Act (California Fish and Game Code 2050-2068),
or which is a covered species under the Western
Riverside County Multiple Species Habitat Conservation
Plan;
(3) to support the recovery and protection of
threatened and endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(4) to provide for wildlife habitat connectivity and
migratory corridors within the Western Riverside County
Multiple Species Habitat Conservation Plan Area.
SEC. 82503. NOTIFICATION OF ESTABLISHMENT.
The Secretary shall publish notice of the establishment of
the Wildlife Refuge in the Federal Register.
SEC. 82504. BOUNDARIES.
(a) In General.--The Secretary shall include within the
boundaries of the Wildlife Refuge the lands and waters within
the Western Riverside County Multiple Species Habitat
Conservation Plan Area (as depicted on maps and described in
the Final Western Riverside County Multiple Species Habitat
Conservation Plan dated June 17, 2003) that are owned by the
Federal government, a State, or a political subdivision of a
State on the date of enactment.
SEC. 82505. ADMINISTRATION.
(a) In General.--Upon the establishment of the Wildlife
Refuge and thereafter, the Secretary shall administer all
federally owned lands, waters, and interests in the Wildlife
Refuge in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this
subtitle. The Secretary may use such additional statutory
authority as may be available to the Secretary for the
conservation, management, and restoration of fish and wildlife
and natural resources, the development of compatible wildlife
dependent outdoor recreation opportunities, and the
facilitation of fish and wildlife interpretation and education
as the Secretary considers appropriate to carry out the
purposes of this subtitle and serve the objectives of the
Western Riverside County Multiple Species Habitat Conservation
Plan.
(b) Cooperative Agreements Regarding Non-federal Lands.--The
Secretary may enter into cooperative agreements with the State
of California, any political subdivision thereof, or any other
person--
(1) for the management, in a manner consistent with
this subtitle and the Western Riverside County Multiple
Species Habitat Conservation Plan, of lands that are
owned by such State, subdivision, or other person and
located within the boundaries of the Wildlife Refuge;
(2) to promote public awareness of the natural
resources of the Western Riverside County Multiple
Species Habitat Conservation Plan Area; or
(3) to encourage public participation in the
conservation of those resources.
SEC. 82506. ACQUISITION AND TRANSFERS OF LANDS AND WATERS FOR WILDLIFE
REFUGE.
(a) Acquisitions.--The Secretary shall acquire by donation,
purchase with appropriated funds, or exchange the lands and
water, or interest therein (including conservation easements),
within the boundaries of the Wildlife Refuge, except that the
lands, water, and interests therein owned by the State of
California and its political subdivisions may be acquired only
by donation.
(b) Transfers.--
(1) In general.--The head of any Federal department
or agency, including any agency within the Department
of the Interior, that has jurisdiction of any Federal
property located within the boundaries of the Wildlife
Refuge as described by this subtitle shall, not later
than 1 year after the date of the enactment of this
Act, submit to the Secretary an assessment of the
suitability of such property for inclusion in the
Wildlife Refuge.
(2) Assessment.--Any assessment under paragraph (1)
shall include--
(A) parcel descriptions and best existing
land surveys for such property;
(B) a list of existing special reservations,
designations, or purposes of the property;
(C) a list of all known or suspected
hazardous substance contamination of such
property, and any facilities, surface water, or
groundwater on such property;
(D) the status of withdrawal of such property
from--
(i) the Mineral Leasing Act; and
(ii) the General Mining Act of 1872;
and
(E) a recommendation as to whether such
property is or is not suitable for inclusion in
the Wildlife Refuge.
(3) Inclusion in wildlife refuge.--
(A) In general.--The Secretary shall, not
later than 60 days after receiving an
assessment submitted pursuant to paragraph (1),
determine if the property described in such
assessment is suitable for inclusion in the
Wildlife Refuge.
(B) Transfer.--If the Secretary determines
the property in an assessment submitted under
paragraph (1) is suitable for inclusion in the
Wildlife Refuge, the head of the Federal
department or agency that has jurisdiction of
such property shall transfer such property to
the administrative jurisdiction of the
Secretary for the purposes of this subtitle.
(4) Property unsuitable for inclusion.--Property
determined by the Secretary to be unsuitable for
inclusion in the Wildlife Refuge based on an assessment
submitted under paragraph (1) shall be subsequently
transferred to the Secretary for purposes of this
subtitle by the head of the department or agency that
has jurisdiction of such property if such property
becomes suitable for inclusion in the Wildlife Refuge
as determined by the Secretary in consultation with the
head of the department or agency that has jurisdiction
of such property.
(5) Public access.--If property transferred to the
Secretary under this subsection allows for public
access at the time of transfer, such access shall be
maintained unless such access--
(A) would be incompatible with the purposes
of the Wildlife Refuge;
(B) would jeopardize public health or safety;
or
(C) must be limited due to emergency
circumstances.
----------
6. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee
Page 499, after line 22, insert the following:
SEC. 1632. COMPTROLLER GENERAL STUDY ON NATIONAL DUI REPORTING.
(a) In General.--The Comptroller General of the United States
shall conduct a study on the reporting of alcohol-impaired
driving arrest and citation results into Federal databases to
facilitate the widespread identification of repeat impaired
driving offenders.
(b) Inclusions.--The study conducted under subsection (a)
shall include a detailed assessment of--
(1) the extent to which State and local criminal
justice agencies are reporting alcohol-impaired driving
arrest and citation results into Federal databases;
(2) barriers on the Federal, State, and local levels
to the reporting of alcohol-impaired driving arrest and
citation results into Federal databases, as well as
barriers to the use of those systems by criminal
justice agencies;
(3) Federal, State, and local resources available to
improve the reporting of alcohol-impaired driving
arrest and citation results into Federal databases;
(4) recommendations for policies and programs to be
carried out by the National Highway Traffic Safety
Administration; and
(5) recommendations for programs and grant funding to
be authorized by Congress.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a
report on the results of the study conducted under subsection
(a).
----------
7. An Amendment To Be Offered by Representative Crawford of Arkansas or
His Designee
Page 607, line 7, strike ``Section'' and insert ``(b) Special
Rule.--Section''.
Page 607, after line 6, insert the following:
(a) Certification.--Section 5323(u)(4) of title 49, United
States Code, is amended--
(1) in the heading of subparagraph (A) by striking
``rail''; and
(2) by adding at the end the following:
``(C) Nonrail rolling stock.--Notwithstanding
subparagraph (B) of paragraph (5), as a
condition of financial assistance made
available in a fiscal year under section 5339,
a recipient shall certify in that fiscal year
that the recipient will not award any contract
or subcontract for the procurement of rolling
stock for use in public transportation with a
rolling stock manufacturer described in
paragraph (1).''.
----------
8. An Amendment To Be Offered by Representative Cuellar of Texas or His
Designee
Page 499, after line 22, insert the following:
SEC. 1632. FUTURE INTERSTATE DESIGNATION AND OPERATION.
Section 1105(e)(5)(A) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by inserting
``subclauses (I) through (IX) of subsection (c)(38)(A)(i),
subsection (c)(38)(A)(iv),'' after ``subsection (c)(37),''.
----------
9. An Amendment To Be Offered by Representative Dingell of Michigan or
Her Designee
At the end of title III of division L, add the following:
CHAPTER 4--___
Subchapter A--Natural Infrastructure for Wildlife Conservation and
Restoration
SEC. 83411. SHORT TITLE.
This subchapter may be cited as the ``Recovering America's
Wildlife Act''.
SEC. 83412. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended--
(1) in subsection (a), by striking ``$50,000,000 in
fiscal year 2001'' in paragraph (2) and inserting
``$1,397,000,000 in fiscal years 2021 through 2025'';
and
(2) in subsection (c), by redesignating paragraphs
(2) and (3) as paragraphs (9) and (10); and
(3) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) Establishment of subaccount.--
``(A) In general.--There is established in
the fund a subaccount to be known as the
`Wildlife Conservation and Restoration
Subaccount' (referred to in this section as the
`Subaccount').
``(B) Availability.--Amounts in the
Subaccount shall be available upon
appropriation, for each fiscal year, for
apportionment in accordance with this Act.
``(C) Deposits into subaccount.--For fiscal
years 2021 through 2025, the Secretary of the
Treasury shall transfer $1,300,000,000 upon
appropriation from the general fund of the
treasury each fiscal year to the fund for
deposit in the Subaccount.
``(2) Supplement not supplant.--Amounts transferred
to the Subaccount shall supplement, but not replace,
existing funds available to the States from--
``(A) the funds distributed pursuant to the
Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777 et seq.); and
``(B) the fund.
``(3) Innovation grants.--
``(A) In general.--The Secretary shall
distribute 10 percent of funds from the
Subaccount through a competitive grant program
to State fish and wildlife departments, the
District of Columbia fish and wildlife
department, fish and wildlife departments of
territories, or to regional associations of
fish and wildlife departments (or any group
composed of more than 1 such entity).
``(B) Purpose.--Such grants shall be provided
for the purpose of catalyzing innovation of
techniques, tools, strategies, or collaborative
partnerships that accelerate, expand, or
replicate effective and measurable recovery
efforts for species of greatest conservation
need and species listed under the Endangered
Species Act of 1973 (15 U.S.C. 1531 et seq.)
and the habitats of such species.
``(C) Review committee.--The Secretary shall
appoint a review committee comprised of--
``(i) a State Director from each
regional association of State fish and
wildlife departments;
``(ii) the head of a department
responsible for fish and wildlife
management in a territory; and
``(iii) four individuals representing
four different nonprofit organizations
each of which is actively participating
in carrying out wildlife conservation
restoration activities using funds
apportioned from the Subaccount.
``(D) Support from united states fish and
wildlife service.--The United States Fish and
Wildlife Service shall provide any personnel or
administrative support services necessary for
such Committee to carry out its
responsibilities under this Act.
``(E) Evaluation.--Such committee shall
evaluate each proposal submitted under this
paragraph and recommend projects for funding.
The committee shall give preference to
solutions that accelerate the recovery of
species identified as priorities through
regional scientific assessments of species of
greatest conservation need.
``(4) Use of funds.--Funds apportioned from the
Subaccount--
``(A) shall be used to implement the Wildlife
Conservation Strategy of a State, territory, or
the District of Columbia, as required under 16
U.S.C. 669c(d), by carrying out, revising, or
enhancing existing wildlife and habitat
conservation and restoration programs and
developing and implementing new wildlife
conservation, restoration, and natural
infrastructure resilience programs and
partnerships to recover and manage species of
greatest conservation need and the key habitats
and plant community types essential to the
conservation of those species as determined by
the appropriate State fish and wildlife
department;
``(B) shall be used to develop, revise, and
enhance the Wildlife Conservation Strategy of a
State, territory, or the District of Columbia,
as may be required by this Act;
``(C) shall be used to assist in the recovery
of species found in the State, territory, or
the District of Columbia that are listed as
endangered species, threatened species,
candidate species or species proposed for
listing, or species petitioned for listing
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or under State law;
``(D) may be used for wildlife conservation
education and wildlife-associated recreation
projects and infrastructure, especially in
historically underserved communities;
``(E) may be used to manage a species of
greatest conservation need whose range is
shared with another State, territory, Indian
Tribe, or foreign government and for the
conservation of the habitat of such species;
``(F) may be used to manage, control, and
prevent invasive species, disease, and other
risks to species of greatest conservation need;
and
``(G) may be used for law enforcement
activities that are directly related to the
protection and conservation of a species of
greatest conservation need and the habitat of
such species.
``(5) Minimum required spending for endangered
species recovery.--Not less than an average of 15
percent over a 5-year period of amounts apportioned to
a State, territory, or the District of Columbia from
the Subaccount shall be used for purposes described in
paragraph (4)(C). The Secretary may reduce the minimum
requirement of a State, territory, or the District of
Columbia on an annual basis if the Secretary determines
that the State, territory, or the District of Columbia
is meeting the conservation and recovery needs of all
species described in paragraph (4)(C).
``(6) Public access to private lands not required.--
Funds apportioned from the Subaccount shall not be
conditioned upon the provision of public access to
private lands, waters, or holdings.
``(7) Requirements for matching funds.--
``(A) For the purposes of the non-Federal
fund matching requirement for a wildlife
conservation or restoration program or project
funded by the Subaccount, a State, territory,
or the District of Columbia may use as matching
non-Federal funds--
``(i) funds from Federal agencies
other than the Department of the
Interior and the Department of
Agriculture;
``(ii) donated private lands and
waters, including privately owned
easements;
``(iii) in circumstances described in
subparagraph (B), revenue generated
through the sale of State hunting and
fishing licenses; and
``(iv) other sources consistent with
part 80 of title 50, Code of Federal
Regulations, in effect on the date of
enactment of the Recovering America's
Wildlife Act of 2019.
``(B) Revenue described in subparagraph
(A)(iii) may only be used to fulfill the
requirements of such non-Federal fund matching
requirement if--
``(i) no Federal funds apportioned to
the State fish and wildlife department
of such State from the Wildlife
Restoration Program or the Sport Fish
Restoration Program have been reverted
because of a failure to fulfill such
non-Federal fund matching requirement
by such State during the previous 2
years; and
``(ii) the project or program being
funded benefits the habitat of a hunted
or fished species and a species of
greatest conservation need.
``(C) No State, territory or the District of
Columbia shall be required to provide non-
Federal matching funds for this program through
fiscal year 2025.
``(8) Definitions.--In this subsection, the following
definitions apply:
``(A) Species of greatest conservation
need.--The term `species of greatest
conservation need' may be fauna or flora, and
may include terrestrial, aquatic, marine, and
invertebrate species that are of low
population, declining, rare, or facing threats
and in need of conservation attention, as
determined by each State fish and wildlife
department, with respect to funds apportioned
to such State.
``(B) Partnerships.--The term `partnerships'
may include, but are not limited to,
collaborative efforts with Federal agencies,
State agencies, local agencies, Indian Tribes,
nonprofit organizations, academic institutions,
industry groups, and private individuals to
implement a State's Wildlife Conservation
Strategy.
``(C) Territory and territories.--The terms
`territory' and `territories' mean the
Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
``(D) Wildlife.--The term `wildlife' means
any species of wild, freeranging fauna,
including fish, and also any fauna in captive
breeding programs the object of which is to
reintroduce individuals of a depleted
indigenous species into previously occupied
range.''.
(b) Allocation and Apportionment of Available Amounts.--
Section 4 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669c) is amended--
(1) by redesignating the second subsection (c),
relating to the apportionment of the Wildlife
Conservation and Restoration Account, and subsection
(d) as subsections (d) and (e) respectively;
(2) in subsection (d), as redesignated--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``to the District of Columbia and to
the Commonwealth of Puerto Rico, each''
and inserting ``To the District of
Columbia'';
(ii) in subparagraph (B), by striking
``to Guam'' and inserting ``To Guam'';
(iii) in subparagraph (B), by
striking ``not more than one-fourth of
one percent'' and inserting ``not less
than one-third of one percent''
(iv) by adding at the end the
following:
``(C) To the Commonwealth of Puerto Rico, a
sum equal to not less than 1 percent
thereof.'';
(B) in paragraph (2)(A), as redesignated--
(i) by amending clause (i) to read as
follows:
``(i) one-half of which is based on
the ratio to which the land and water
area of such State bears to the total
land and water area of all such
States;'';
(ii) in clause (ii), by striking
``two-thirds'' and inserting ``one-
quarter''; and
(iii) by adding at the end the
following:
``(iii) one-quarter of which is based
upon the ratio to which the number of
species listed as endangered or
threatened under the Endangered Species
Act of 1973 (15 U.S.C. 1531 et seq.) in
such State bears to the total number of
such species listed in all such
States.'';
(C) by amending paragraph (2)(B) to read as
follows:
``(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State,
unless otherwise designated, shall be apportioned a sum
which is less than one percent or more than five
percent of the amount available for apportionment
under--
``(i) paragraph (2)(A)(i) of this section;
``(ii) paragraph (2)(A)(ii) of this section;
and
``(iii) the overall amount available for
section (2)(A).
``(C) States that include plants among their species
of greatest conservation need and in the conservation
planning and habitat prioritization efforts of their
Wildlife Conservation Strategy shall receive an
additional 5 percent of their apportioned amount.'';
(D) in paragraph (3), by striking ``3
percent'' and inserting ``1.85 percent'';
(3) by amending subsection (e)(4)(B), as
redesignated, to read as follows:
``(B) Not more than an average of 15 percent
over a 5-year period of amounts apportioned to
each State under this section for a State's
wildlife conservation and restoration program
may be used for wildlife conservation education
and wildlife-associated recreation.''; and
(4) by adding at the end following:
``(f) Minimization of Planning and Reporting.--Nothing in
this Act shall be interpreted to require a State to create a
comprehensive strategy related to conservation education or
outdoor recreation.
``(g) Accountability.--Not more than one year after the date
of enactment of the Recovering America's Wildlife Act of 2019
and every three years thereafter, each State fish and wildlife
department shall submit a three-year work plan and budget for
implementing its Wildlife Conservation Strategy and a report
describing the results derived from activities accomplished
under paragraph (4) during the previous three years to--
``(1) the Committee on Environment and Public Works
of the Senate;
``(2) the Committee on Natural Resources of the House
of Representatives; and
``(3) the United States Fish and Wildlife Service.''.
SEC. 83413. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(3) in paragraph (6), as redesignated by paragraph
(2), by inserting ``Indian Tribes, academic
institutions,'' before ``wildlife conservation
organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a et seq.) is amended--
(1) in section 3--
(A) in subsection (a)--
(i) by striking ``(1) An amount equal
to'' and inserting ``An amount equal
to''; and
(ii) by striking paragraph (2);
(B) in subsection (c)--
(i) in paragraph (9), as redesignated
by section 101(a)(1), by striking ``or
an Indian tribe''; and
(ii) in paragraph (10), as
redesignated by section 101(a)(1), by
striking ``Wildlife Conservation and
Restoration Account'' and inserting
``Subaccount''; and
(C) in subsection (d), by striking ``Wildlife
Conservation and Restoration Account'' and
inserting ``Subaccount'';
(2) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d), as redesignated--
(i) in the heading, by striking
``Account'' and inserting
``Subaccount''; and
(ii) by striking ``Account'' each
place it appears and inserting
``Subaccount''; and
(B) in subsection (e)(1), as redesignated, by
striking ``Account'' and inserting
``Subaccount''; and
(3) in section 8 (16 U.S.C. 669g), in subsection (a),
by striking ``Account'' and inserting ``Subaccount''.
SEC. 83414. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669
et seq.) is amended--
(1) by redesignating section 13 as section 15; and
(2) by inserting after section 12 the following:
``SEC. 13. SAVINGS CLAUSE.
``Nothing in this Act shall be construed to enlarge or
diminish the authority, jurisdiction, or responsibility of a
State to manage, control, or regulate fish and wildlife under
the law and regulations of the State on lands and waters within
the State, including on Federal lands and waters.
``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
``If any conflict arises between any provision of this Act
and any provision of the Alaska National Interest Lands
Conservation Act (Public Law 46-487, 16 U.S.C. 3101 et seq.),
then the provision in the Alaska National Interest Lands
Conservation Act shall prevail.''.
Subchapter B--Natural Infrastructure for Tribal Wildlife Conservation
and Restoration
SEC. 83421. INDIAN TRIBES.
(a) Definitions.--In this section--
(1) Account.--The term ``Account'' means the Tribal
Wildlife Conservation and Restoration Account
established by subsection (c)(1).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(4) Tribal species of greatest conservation need.--
The term ``Tribal species of greatest conservation
need'' means any species identified by an Indian Tribe
as requiring conservation management because of
declining population, habitat loss, or other threats,
or because of their biological or cultural importance
to such Tribe.
(5) Wildlife.--The term ``wildlife'' means--
(A) any species of wild flora or fauna
including fish and marine mammals;
(B) flora or fauna in a captive breeding,
rehabilitation, and holding or quarantine
program, the object of which is to reintroduce
individuals of a depleted indigenous species
into previously occupied range or to maintain a
species for conservation purposes; and
(C) does not include game farm animals.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury
an account to be known as the ``Tribal Wildlife
Conservation and Restoration Account''.
(2) Availability.--Amounts in the Account shall be
available for each fiscal year upon appropriation for
apportionment in accordance with this title.
(3) Deposits.--For fiscal year 2021 through 2025, the
Secretary of the Treasury shall transfer $97,500,000
upon appropriation to the Account.
(c) Distribution of Funds to Indian Tribes.--Each fiscal
year, the Secretary of the Treasury shall deposit funds into
the Account and distribute such funds through a noncompetitive
application process according to guidelines, and criteria, and
reporting requirements determined by the Secretary of the
Interior, acting through the Director of the Bureau of Indian
Affairs, in consultation with Indian Tribes. Such funds shall
remain available until expended.
(d) Wildlife Management Responsibilities.--The distribution
guidelines and criteria described in subsection (d) shall be
based, in part, upon Indian Tribes' wildlife management
responsibilities.
(e) Use of Funds.--
(1) In general.--Except as provided in paragraph (2),
the Secretary may distribute funds from the Account to
an Indian Tribe for any of the following purposes:
(A) To develop, carry out, revise, or enhance
wildlife conservation and restoration programs
to manage Tribal species of greatest
conservation need and the habitats of such
species as determined by the Indian Tribe.
(B) To assist in the recovery of species
listed as an endangered or threatened species
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(C) For wildlife conservation education and
wildlife-associated recreation projects and
infrastructure.
(D) To manage a Tribal species of greatest
conservation need and the habitat of such
species, the range of which may be shared with
a foreign country, State, or other Indian
Tribe.
(E) To manage, control, and prevent invasive
species as well as diseases and other risks to
wildlife.
(F) For law enforcement activities that are
directly related to the protection and
conservation of wildlife.
(G) To develop, revise, and implement
comprehensive wildlife conservation strategies
and plans for such Tribe.
(H) For the hiring and training of wildlife
conservation and restoration program staff.
(2) Conditions on the use of funds.--
(A) Required use of funds.--In order to be
eligible to receive funds under subsection (d),
a Tribe's application must include a proposal
to use funds for at least one of the purposes
described in subparagraphs (A) and (B) of
paragraph (1).
(B) Imperiled species recovery.--In
distributing funds under this section, the
Secretary shall distribute not less than 15
percent of the total funds distributed to
proposals to fund the recovery of a species,
subspecies, or distinct population segment
listed as a threatened species, endangered
species, or candidate species under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) or Tribal law.
(C) Limitation.--In distributing funds under
this section, the Secretary shall distribute
not more than 15 percent of all funds
distributed under this section for the purpose
described in paragraph (1)(C).
(f) No Matching Funds Required.--No Indian Tribe shall be
required to provide matching funds to be eligible to receive
funds under this Act.
(g) Public Access Not Required.--Funds apportioned from the
Tribal Wildlife Conservation and Restoration Account shall not
be conditioned upon the provision of public or non-Tribal
access to Tribal or private lands, waters, or holdings.
(h) Administrative Costs.--Of the funds deposited under
subsection (c)(3) for each fiscal year, not more than 3 percent
shall be used by the Secretary for administrative costs.
(i) Savings Clause.--Nothing in this Act shall be construed
as modifying or abrogating a treaty with any Indian Tribe, or
as enlarging or diminishing the authority, jurisdiction, or
responsibility of an Indian Tribe to manage, control, or
regulate wildlife.
----------
10. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee
Page 389, line 25, insert ``, and make recommendations for
developing and utilizing transportation and traffic demand
models with a demonstrated record of accuracy'' before the
period.
Page 390, line 13, insert ``, including an analysis of the
level of accuracy of forecasts and possible reasons for large
discrepancies'' before the semicolon.
Page 392, after line 14, insert the following:
(5) Working with affected communities.--In carrying
out this section, the Secretary shall consult with, and
collect data and input from, representatives of--
(A) the Department of Transportation;
(B) State departments of transportation;
(C) metropolitan planning organizations;
(D) local governments;
(E) providers of public transportation;
(F) nonprofit entities related to
transportation, including safety, cycling,
disability, and equity groups; and
(G) any other stakeholders, as determined by
the Secretary.
Page 392, after line 24, insert the following:
(d) Update Guidance and Regulations.--The Secretary shall--
(1) update Department of Transportation guidance and
procedures to utilize best practices documented
throughout the Federal program; and
(2) ensure that best practices included in the report
are incorporated into appropriate regulations as such
regulations are updated.
(e) Continuing Improvement.--The Secretary shall set out a
process to repeat the study under this section every 2 years as
part of the conditions and performance report, including--
(1) progress in the accuracy of model projections;
(2) further recommendations for improvement; and
(3) further changes to guidance, regulation, and
procedures required for the Department of
Transportation to adopt best practices.
----------
11. An Amendment To Be Offered by Representative Gianforte of Montana
or His Designee
Page 1907, after line 24, insert the following:
SEC. 81253. CONTINUED USE OF PICK-SLOAN MISSOURI BASIN PROGRAM PROJECT
USE POWER BY THE KINSEY IRRIGATION COMPANY AND THE
SIDNEY WATER USERS IRRIGATION DISTRICT.
(a) Findings.--Congress finds that--
(1) the Act of May 18, 1938 (52 Stat. 403, chapter
250; 16 U.S.C. 833 et seq.), authorized the completion,
maintenance, and operation of the Fort Peck project;
(2) section 2 of that Act (52 Stat. 404, chapter 250;
16 U.S.C. 833a) authorized and directed the Bureau of
Reclamation--
(A) to transmit and sell electric energy
generated by the Fort Peck project; and
(B) ``to interconnect the Fort Peck project
with either private or with other Federal
projects and publicly owned power systems now
or hereafter constructed.'';
(3) section 9 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of 1944'')
(58 Stat. 891, chapter 665)--
(A) authorized the Missouri River Basin
Project, now known as the ``Pick-Sloan Missouri
Basin Program'' (referred to in this section as
the ``Program'');
(B) approved the comprehensive plan for the
Program set forth in Senate Document 191 and
House Document 475, as revised and coordinated
by Senate Document 247, 78th Congress;
(C) established a permanent administration
for the development of the Missouri River
Basin; and
(D) incorporated the Fort Peck project as
part of the Program;
(4) in 1946, the Bureau of Reclamation entered into
project use power contracts to provide the Kinsey
Irrigation Company and the predecessor of the Sidney
Water Users Irrigation District electrical service
under the authority of the Act of May 18, 1938 (52
Stat. 403, chapter 250; 16 U.S.C. 833 et seq.);
(5) since 1946, the Bureau of Reclamation has
approved 9 modifications to the project use power
contracts between the Bureau of Reclamation, the Kinsey
Irrigation Company, and the Sidney Water Users
Irrigation District;
(6) the project use power contracts in effect on the
date of enactment of this Act provide electric service
to the Kinsey Irrigation Company and the Sidney Water
Users Irrigation District at the Program rate of 2.5
mills per kilowatt-hour, including wheeling, through
2020; and
(7) the Kinsey Irrigation Company and the Sidney
Water Users Irrigation District have reasonably relied
on the authority of the Act of May 18, 1938 (52 Stat.
403, chapter 250; 16 U.S.C. 833 et seq.), and the fact
that the Bureau of Reclamation has treated the Kinsey
Irrigation Company and the Sidney Water Users
Irrigation District as irrigation pumping units of the
Program for more than 74 years.
(b) Authorization.--Notwithstanding any other provision of
law and subject to subsection (c), the Secretary of the
Interior (acting through the Commissioner of Reclamation) shall
continue to treat the irrigation pumping units known as the
``Kinsey Irrigation Company'' in Custer County, Montana, and
the ``Sidney Water Users Irrigation District'' in Richland
County, Montana, or any successor to the Kinsey Irrigation
Company or Sidney Water Users Irrigation District, as
irrigation pumping units of the Program for the purposes of
wheeling, administration, and payment of project use power.
(c) Limitation.--The quantity of power to be provided to the
Kinsey Irrigation Company and the Sidney Water Users Irrigation
District (including any successor to the Kinsey Irrigation
Company or the Sidney Water Users Irrigation District) under
subsection (b) may not exceed the maximum quantity of power
provided to the Kinsey Irrigation Company and the Sidney Water
Users Irrigation District under the applicable contract for
electric service in effect on the date of enactment of this
Act.
----------
12. An Amendment To Be Offered by Representative Gonzalez-Colon of
Puerto Rico or Her Designee
Page 1913, after line 18, insert the following:
SEC. 81314. PUERTO RICO WATERSMART GRANTS ELIGIBILITY.
(a) Short Title.--This section may be cited as the ``Puerto
Rico WaterSMART Grants Eligibility Act''.
(b) Watersmart Grants and Agreements.--Section 9504 of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is
amended in subsection (a)(2)(A)--
(1) in clause (ii), by striking ``or'';
(2) in clause (iii), by striking ``and'' and
inserting ``or''; and
(3) by inserting after clause (iii), the following:
``(iv) Puerto Rico; and''.
----------
13. An Amendment To Be Offered by Representative Gonzalez-Colon of
Puerto Rico or Her Designee
Page 797, after line 5, insert the following:
SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.
(a) Definition.--Section 31301(14) of title 49, United States
Code, is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by inserting ``, and Puerto Rico'' before the
period.
(b) Implementation.--The Administrator of the Federal Motor
Carrier Safety Administration shall work with the Commonwealth
of Puerto Rico on obtaining full compliance with chapter 313 of
title 49, United States Code, and regulations adopted under
that chapter.
(c) Grace Period.--Notwithstanding section 31311(a) of title
49, United States Code, during a 5-year period beginning on the
date of enactment of this Act, the Commonwealth of Puerto Rico
shall not be subject to a withholding of an apportionment of
funds under paragraphs (1) and (2) of section 104(b) of title
23, United States Code, for failure to comply with any
requirement under section 31311(a) of title 49, United States
Code.
----------
14. An Amendment To Be Offered by Representative Graves of Louisiana or
His Designee
On page 1975, line 16, after ``fishing vessel'' insert ``or
employ a fisherman that has been significantly impacted by
unfair methods of competition or other actions from foreign
governments, as determined by the United States Trade
Representative, to supplant domestic seafood production or fish
products;''.
----------
15. An Amendment To Be Offered by Representative Grothman of Wisconsin
or His Designee
Page 1540, after line 17, insert the following:
SEC. 33178. CONSIDERATION OF INVASIVE SPECIES.
Section 18 of the Federal Power Act (16 U.S.C. 811) is
amended by inserting ``In prescribing a fishway, the Secretary
of Commerce or the Secretary of the Interior, as appropriate,
shall consider the threat of invasive species.'' before ``The
license applicant and any party to the proceeding shall be
entitled to a determination on the record,''.
----------
16. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee
Page 198, line 12, strike the closing quotation marks and the
semicolon and insert the following:
``(20) roads in rural areas that primarily serve to
transport agricultural products from a farm or ranch to
a marketplace.'';
Page 205, strike lines 12 through 21 and insert the
following:
(8) in subsection (g)--
(A) in the heading by striking ``5,000'' and
inserting ``50,000''; and
(B) in paragraph (1), by striking subsection
(d)(1)(A)(ii) and all that follows through the
period at the end and inserting ``clauses (iii)
and (iv) of subsection (d)(1)(A) for each
fiscal year may be obligated on roads
functionally classified as rural minor
collectors or local roads or on critical rural
freight corridors designated under section
167(e).''.
----------
17. An Amendment To Be Offered by Representative Keller of Pennsylvania
or His Designee
Page 674, after line 2, insert the following:
SEC. 2806. PUBLIC TRANSPORTATION INNOVATION.
Section 5312(h)(2) of title 49, United States Code, is
amended by striking subparagraph (G).
----------
18. An Amendment To Be Offered by Representative Krishnamoorthi of
Illinois or His Designee
Page 731, line 22, strike ``(B) and (C)'' and insert ``(B),
(C), and (D)''.
Page 732, after line 14, insert the following:
``(D) Texting while driving.--Notwithstanding
subparagraphs (B) and (C), a State shall be
allocated 25 percent of the amount calculated
under subparagraph (A) if such State has
enacted and is enforcing a law that prohibits a
driver from viewing a personal wireless
communication device, except for the purpose of
navigation.''.
----------
19. An Amendment To Be Offered by Representative Lowenthal of
California or His Designee
Page 934, after line 19, insert the following:
SEC. ____. UNIVERSAL ELECTRONIC IDENTIFIER.
Not later than 2 years after the date of enactment of this
Act, the Secretary shall issue a final motor vehicle safety
standard that requires a commercial motor vehicle manufactured
after the effective date of such standard to be equipped with a
universal electronic vehicle identifier that--
(1) identifies the vehicle to roadside inspectors for
enforcement purposes;
(2) does not transmit personally identifiable
information regarding operators; and
(3) does not create an undue cost burden for
operators and carriers.
----------
20. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee
In division G, at the end of subtitle A of title III, add the
following:
CHAPTER 10--CARBON CAPTURE UTILIZATION AND STORAGE
SEC. 33191. SUPPORTING CARBON CAPTURE UTILIZATION AND STORAGE.
(a) Repeal of Clean Coal Power Initiative.--Subtitle A of
title IV of the Energy Policy Act of 2005 (42 U.S.C. 15961 et
seq.) is repealed.
(b) Fossil Energy Objectives.--Section 961(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16291(a)) is amended by adding at
the end the following:
``(8) Improving the conversion, use, and storage of
carbon dioxide from fossil fuels.
``(9) Lowering greenhouse gas emissions across the
fossil fuel cycle to the maximum extent possible,
including emissions from all fossil fuel production,
generation, delivery, and utilization.
``(10) Preventing, predicting, monitoring, and
mitigating the unintended leaking of methane, carbon
dioxide, and other fossil fuel-related emissions into
the atmosphere.
``(11) Reducing water use, improving water reuse, and
minimizing the surface and subsurface environmental
impact of the development of unconventional domestic
oil and natural gas resources.
``(12) Developing carbon removal and utilization
technologies, products, and methods that result in net
reductions in greenhouse gas emissions, including
direct air capture and storage and carbon use and reuse
for commercial application.''.
(c) Carbon Capture and Utilization Technology
Commercialization Program.--
(1) Establishment.--The Secretary of Energy shall
establish a carbon capture and utilization technology
commercialization program to significantly improve the
efficiency, effectiveness, cost, and environmental
performance of fossil fuel-fired facilities.
(2) Inclusions.--The program shall include funding
for--
(A) front end engineering design studies for
commercial demonstration projects for at least
3 types of advanced carbon capture technology
and at least 1 type of direct air capture
technology;
(B) commercial demonstration of advanced
carbon capture technology projects intended to
produce a standard design specification for up
to 5 demonstrations of a particular technology
type;
(C) commercial demonstration of direct air
capture technology projects intended to produce
a standard design specification for up to 5
demonstrations of a particular technology type;
and
(D) commercialization projects of large-scale
carbon dioxide storage sites in saline
geological formations that are designed to
accept at least 10,000,000 tons per year of
carbon dioxide, including activities exploring,
categorizing, and developing storage sites and
necessary pipeline infrastructure.
(3) Funding.--
(A) Authorization of appropriations.--There
are authorized to be appropriated for
activities--
(i) under paragraph (2)(A),
$100,000,000 for each of fiscal years
2021 through 2025, and such sums as may
be necessary for fiscal years 2026
through 2030;
(ii) under paragraph (2)(B),
$1,500,000,000 for each of fiscal years
2021 through 2025, and such sums as may
be necessary for fiscal years 2026
through 2030;
(iii) under paragraph (2)(C),
$250,000,000 for each of fiscal years
2021 through 2025, and such sums as may
be necessary for fiscal years 2026
through 2030; and
(iv) under paragraph (2)(D),
$500,000,000 for each of fiscal years
2021 through 2025, and such sums as may
be necessary for fiscal years 2026
through 2030.
(B) Cost sharing.--Federal grants under this
section shall be limited as follows:
(i) For activities under paragraph
(2)(A), the Secretary shall provide not
more than 80 percent of project funds.
(ii) For activities under any of
subparagraphs (B) through (D) of
paragraph (2), the Secretary shall
provide not more than 50 percent of
project funds.
(d) Direct Air Capture Technology Prize Program.--
(1) Definitions.--In this subsection:
(A) Qualified carbon dioxide.--
(i) In general.--The term ``qualified
carbon dioxide'' means any carbon
dioxide that--
(I) is captured directly from
the ambient air; and
(II) is measured at the
source of capture and verified
at the point of disposal,
injection, or utilization.
(ii) Inclusion.--The term ``qualified
carbon dioxide'' includes the initial
deposit of captured carbon dioxide used
as a tertiary injectant.
(iii) Exclusion.--The term
``qualified carbon dioxide'' does not
include carbon dioxide that is
recaptured, recycled, and reinjected as
part of the enhanced oil and natural
gas recovery process.
(B) Qualified direct air capture facility.--
(i) In general.--Subject to clause
(ii), the term ``qualified direct air
capture facility'' means any facility
that--
(I) uses carbon capture
equipment to capture carbon
dioxide directly from the
ambient air; and
(II) captures more than
10,000 metric tons of qualified
carbon dioxide annually.
(ii) Exclusion.--The term ``qualified
direct air capture facility'' does not
include any facility that captures
carbon dioxide--
(I) that is deliberately
released from naturally
occurring subsurface springs;
or
(II) using natural
photosynthesis.
(2) Establishment.--Not later than 1 year after the
date of enactment of this section, the Secretary of
Energy, in consultation with the Administrator of the
Environmental Protection Agency, shall establish a
direct air capture prize program designed to
significantly reward development, demonstration, and
deployment of direct air capture technologies.
(3) Direct air capture prize program.--
(A) Awards.--Under the prize program, the
Secretary shall provide financial awards in a
competitive setting equally for each ton of
qualified carbon dioxide captured by a
qualified direct air capture facility until
appropriated funds are expended. The prize per
metric ton shall not exceed--
(i) $180 for qualified carbon dioxide
captured and stored in saline storage
formations;
(ii) a lesser amount as determined by
the Secretary for qualified carbon
dioxide captured and stored in
conjunction with enhanced oil recovery
operations; or
(iii) a lesser amount as determined
by the Secretary for qualified carbon
dioxide captured and utilized in any
activity consistent with section
45Q(f)(5) of the Internal Revenue Code
of 1986 (26 U.S.C. 45Q(f)(5)).
(B) Administration.--
(i) Requirements.--Not later than 1
year after the date of enactment of
this section, the Administrator, in
consultation with the Secretary, shall
submit requirements for qualifying
metric tons of carbon dioxide. In
carrying out this clause, the
Administrator shall develop specific
requirements for--
(I) the process of applying
for prizes; and
(II) the demonstration of
performance of approved
projects.
(ii) Determination.--For purposes of
determining the amount of metric tons
of qualified carbon dioxide eligible
for prizes under clause (i), the amount
shall be equal to the net metric tons
of carbon dioxide removal demonstrated
by the recipient, subject to the
requirements set forth by the
Administrator under such clause.
(C) Schedule of payment.--The Secretary shall
award prizes on an annual basis to qualified
direct air capture facilities for metric tons
of qualified carbon dioxide captured and
verified at the point of disposal, injection,
or utilization.
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $200,000,000 for the period of fiscal years
2021 through 2025, and $400,000,000 for the period of
fiscal years 2026 through 2030, to remain available
until expended.
(e) Increased Funding for Injection Well Permitting.--
(1) Authorization of appropriations.--For activities
involved in the permitting by the Administrator of the
Environmental Protection Agency of Class VI wells for
the injection of carbon dioxide for the purpose of
geologic sequestration in accordance with the
requirements of the Safe Drinking Water Act (42 U.S.C.
300f et seq.) and regulations promulgated thereunder by
the Administrator on December 10, 2010 (75 Fed. Reg.
77230), there are authorized to be appropriated
$5,000,000 for each of fiscal years 2021 through 2025,
and such sums as may be necessary for fiscal years 2026
through 2030.
(2) State permitting programs.--
(A) Grants.--The Administrator shall provide
grants to States that receive program approval
for permitting Class VI wells for the injection
of carbon dioxide pursuant to section 1422 of
the Safe Drinking Water Act (42 U.S.C. 300h-1),
for the purpose of defraying State expenses
related to the establishment and operation of
such State permitting programs.
(B) Authorization of appropriations.--For
State grants described in subparagraph (A),
there are authorized to be appropriated
$50,000,000 for the period of fiscal years 2021
through 2025, and such sums as may be necessary
for fiscal years 2026 through 2030.
----------
21. An Amendment To Be Offered by Representative Rouda of California or
His Designee
Page 1220, after line 11, insert the following:
TITLE VI--OTHER MATTERS
SEC. 26001. SMART WATER INFRASTRUCTURE INVESTMENT GRANTS.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) is amended by adding at the end the
following:
``SEC. 222. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY.
``(a) Policy.--It is the policy of the United States to
support the modernization of the Nation's publicly owned
treatment works to maintain reliable and affordable water
quality infrastructure that addresses demand impacts, including
resiliency to improve public health and natural resources.
``(b) Grants.--
``(1) Grants to treatment works.--The Administrator
shall make direct grants to owners and operators of
publicly owned treatment works for planning, design,
construction, and operations training of--
``(A) intelligent wastewater collection
systems and stormwater management operations,
including technologies that rely on--
``(i) real-time monitoring, embedded
intelligence, and predictive
maintenance capabilities that improve
the energy efficiency, reliability, and
resiliency of wastewater pumping
systems;
``(ii) real-time sensors that provide
continuous monitoring of wastewater
collection system water quality to
support the optimization of stormwater
and wastewater collection systems, with
a priority for water quality impacts;
and
``(iii) the use of artificial
intelligence and other intelligent
optimization tools that reduce
operational costs, including
operational costs relating to energy
consumption and chemical treatment; and
``(B) innovative and alternative combined
sewer and stormwater control projects,
including groundwater banking, that rely upon
real-time data acquisition to support
predictive aquifer recharge through water reuse
and stormwater management capabilities.
``(2) Rural communities set-aside.--Of amounts
appropriated pursuant to subsection (h), the
Administrator use not more than 20 percent to make
grants to communities with populations not greater than
10,000.
``(c) Cost-share.--The non-Federal share of the costs of an
activity carried out using a grant under subsection (b) shall
be 25 percent.
``(d) Exception.--The Administrator may waive the cost-share
requirement of subsection (c) if the Administrator determines
such cost-share would be financially unreasonable due to a
community's ability to comply with such cost-share requirement.
``(e) Program Implementation.--
``(1) Guidance.--Not later than 30 days after the
date of enactment of this section, the Administrator
shall issue guidance to owners and operators of
publicly owned treatment works on how to apply for
assistance.
``(2) Decision on applications.--The Administrator
shall make a determination of whether to make a grant
to an applicant within 30 days of receipt of an
application. In the case that the Administrator
determines an application is deficient, the applicant
shall be advised of any such deficiencies and provided
the opportunity to resubmit the application.
``(3) Disbursement.--A grant shall be made not later
than 60 days after the date on which the Administrator
approves an application.
``(f) Compliance With Buy America.--The requirements of
section 608 shall apply to funds granted under this section.
``(g) Report to Congress.--Not later than 180 days after the
date of enactment of this subsection, and annually thereafter,
the Administrator shall submit to Congress a report describing
projects funded under this section, results in improving the
resiliency of publicly owned treatment works, and
recommendations to improve the achievement of the program's
policy. For purposes of the first report to Congress, the
Administrator shall report on the program's implementation,
including a description of projects approved and those
disapproved. In providing such information, the Administrator
shall detail the reasons that a project was not awarded
assistance.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated $500,000,000 to carry out this section, to
remain available until expended.''.
----------
22. An Amendment To Be Offered by Representative Ruiz of California or
His Designee
After section 34105, insert the following:
SEC. 34106. ACCESS ROAD FOR DESERT SAGE YOUTH WELLNESS CENTER.
(a) Acquisition of Land.--
(1) Authorization.--The Secretary of Health and Human
Services, acting through the Director of the Indian
Health Service, is authorized to acquire, from willing
sellers, the land in Hemet, California, upon which is
located a dirt road known as ``Best Road'', beginning
at the driveway of the Desert Sage Youth Wellness
Center at Faure Road and extending to the junction of
Best Road and Sage Road.
(2) Compensation.--The Secretary shall pay fair
market value for the land authorized to be acquired
under paragraph (1). Fair market value shall be
determined--
(A) using Uniform Appraisal Standards for
Federal Land Acquisitions; and
(B) by an appraiser acceptable to the
Secretary and the owners of the land to be
acquired.
(3) Additional rights.--In addition to the land
referred to in paragraph (1), the Secretary is
authorized to acquire, from willing sellers, land or
interests in land as reasonably necessary to construct
and maintain the road as required by subsection (b).
(b) Construction and Maintenance of Road.--
(1) Construction.--After the Secretary acquires the
land pursuant to subsection (a), the Secretary shall
construct on that land a paved road that is generally
located over Best Road to facilitate access to the
Desert Sage Youth Wellness Center in Hemet, California.
(2) Maintenance.--The Secretary--
(A) shall maintain and manage the road
constructed pursuant to paragraph (1); or
(B) enter into an agreement with Riverside
County, California, to own, maintain and manage
the road constructed pursuant to paragraph (1).
----------
23. An Amendment To Be Offered by Representative Sarbanes of Maryland
or His Designee
Insert the following at the end of title III of division L:
CHAPTER 4--MISCELLANEOUS
SEC. 83501 REAUTHORIZATION OF CHESAPEAKE BAY GATEWAYS AND WATERTRAILS
NETWORK.
Section 502(c) of the Chesapeake Bay Initiative Act of 1998
(54 U.S.C. 320101 note; Public Law 105-312) is amended by
striking ``2019'' and inserting ``2025''.
----------
24. An Amendment To be Offered by Representative Scott of Virginia or
His Designee
At the end of division H, add the following:
SEC. 40002. DEFINITIONS.
In this division:
(1) Chesapeake bay agreements.--The term ``Chesapeake
Bay agreements'' means the formal, voluntary
agreements--
(A) executed to achieve the goal of restoring
and protecting the Chesapeake Bay watershed
ecosystem and the living resources of the
Chesapeake Bay watershed ecosystem; and
(B) signed by the Chesapeake Executive
Council.
(2) Chesapeake bay program.--The term ``Chesapeake
Bay program'' means the program directed by the
Chesapeake Executive Council in accordance with the
Chesapeake Bay agreements.
(3) Chesapeake bay watershed.--The term ``Chesapeake
Bay watershed'' means the region that covers--
(A) the Chesapeake Bay;
(B) the portions of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and
West Virginia that drain into the Chesapeake
Bay; and
(C) the District of Columbia.
(4) Chesapeake executive council.--The term
``Chesapeake Executive Council'' means the council
comprised of--
(A) the Governors of each of the States of
Delaware, Maryland, New York, Pennsylvania,
Virginia, and West Virginia;
(B) the Mayor of the District of Columbia;
(C) the Chair of the Chesapeake Bay
Commission; and
(D) the Administrator of the Environmental
Protection Agency.
(5) Chesapeake wild program.--The term ``Chesapeake
WILD program'' means the nonregulatory program
established by the Secretary under section 40003(a).
(6) Grant program.--The term ``grant program'' means
the Chesapeake Watershed Investments for Landscape
Defense grant program established by the Secretary
under section 40004(a).
(7) Restoration and protection activity.--The term
``restoration and protection activity'' means an
activity carried out for the conservation, stewardship,
and enhancement of habitat for fish and wildlife--
(A) to preserve and improve ecosystems and
ecological processes on which the fish and
wildlife depend; and
(B) for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service.
SEC. 40003. PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
nonregulatory program, to be known as the ``Chesapeake
Watershed Investments for Landscape Defense program''.
(b) Purposes.--The purposes of the Chesapeake WILD program
include--
(1) coordinating restoration and protection
activities among Federal, State, local, and regional
entities and conservation partners throughout the
Chesapeake Bay watershed;
(2) engaging other agencies and organizations to
build a broader range of partner support, capacity, and
potential funding for projects in the Chesapeake Bay
watershed;
(3) carrying out coordinated restoration and
protection activities, and providing for technical
assistance, throughout the Chesapeake Bay watershed--
(A) to sustain and enhance restoration and
protection activities;
(B) to improve and maintain water quality to
support fish and wildlife, habitats of fish and
wildlife, and drinking water for people;
(C) to sustain and enhance water management
for volume and flood damage mitigation
improvements to benefit fish and wildlife
habitat;
(D) to improve opportunities for public
access and recreation in the Chesapeake Bay
watershed consistent with the ecological needs
of fish and wildlife habitat;
(E) to facilitate strategic planning to
maximize the resilience of natural ecosystems
and habitats under changing watershed
conditions;
(F) to utilize green infrastructure or
natural infrastructure best management
practices to enhance fish and wildlife habitat;
(G) to engage the public through outreach,
education, and citizen involvement to increase
capacity and support for coordinated
restoration and protection activities in the
Chesapeake Bay watershed;
(H) to sustain and enhance vulnerable
communities and fish and wildlife habitat;
(I) to conserve and restore fish, wildlife,
and plant corridors; and
(J) to increase scientific capacity to
support the planning, monitoring, and research
activities necessary to carry out coordinated
restoration and protection activities.
(c) Duties.--In carrying out the Chesapeake WILD program, the
Secretary shall--
(1) draw on existing plans for the Chesapeake Bay
watershed, or portions of the Chesapeake Bay watershed,
including the Chesapeake Bay agreements, and work in
consultation with applicable management entities,
including Chesapeake Bay program partners, such as the
Federal Government, State and local governments, the
Chesapeake Bay Commission, and other regional
organizations, as appropriate, to identify, prioritize,
and implement restoration and protection activities
within the Chesapeake Bay watershed;
(2) adopt a Chesapeake Bay watershed-wide strategy
that--
(A) supports the implementation of a shared
set of science-based restoration and protection
activities developed in accordance with
paragraph (1); and
(B) targets cost-effective projects with
measurable results; and
(3) establish the grant program in accordance with
section 40004.
(d) Coordination.--In establishing the Chesapeake WILD
program, the Secretary shall consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Administrator of the National Oceanic
and Atmospheric Administration;
(C) the Chief of the Natural Resources
Conservation Service;
(D) the Chief of Engineers;
(E) the Director of the United States
Geological Survey;
(F) the Secretary of Transportation;
(G) the Chief of the Forest Service; and
(H) the head of any other applicable agency;
(2) the Governors of each of the States of Delaware,
Maryland, New York, Pennsylvania, Virginia, and West
Virginia and the Mayor of the District of Columbia;
(3) fish and wildlife joint venture partnerships; and
(4) other public agencies and organizations with
authority for the planning and implementation of
conservation strategies in the Chesapeake Bay
watershed.
SEC. 40004. GRANTS AND TECHNICAL ASSISTANCE.
(a) Chesapeake Wild Grant Program.--To the extent that funds
are made available to carry out this section, the Secretary
shall establish and carry out, as part of the Chesapeake WILD
program, a voluntary grant and technical assistance program, to
be known as the ``Chesapeake Watershed Investments for
Landscape Defense grant program'', to provide competitive
matching grants of varying amounts and technical assistance to
eligible entities described in subsection (b) to carry out
activities described in section 40003(b).
(b) Eligible Entities.--The following entities are eligible
to receive a grant and technical assistance under the grant
program:
(1) A State.
(2) The District of Columbia.
(3) A unit of local government.
(4) A nonprofit organization.
(5) An institution of higher education.
(6) Any other entity that the Secretary determines to
be appropriate in accordance with the criteria
established under subsection (c).
(c) Criteria.--The Secretary, in consultation with officials
and entities described in section 40003(d), shall establish
criteria for the grant program to help ensure that activities
funded under this section--
(1) accomplish 1 or more of the purposes described in
section 40003(b); and
(2) advance the implementation of priority actions or
needs identified in the Chesapeake Bay watershed-wide
strategy adopted under section 40003(c)(2).
(d) Cost Sharing.--
(1) Department of the interior share.--The Department
of the Interior share of the cost of a project funded
under the grant program shall not exceed 50 percent of
the total cost of the project, as determined by the
Secretary.
(2) Non-department of the interior share.--
(A) In general.--The non-Department of the
Interior share of the cost of a project funded
under the grant program may be provided in cash
or in the form of an in-kind contribution of
services or materials.
(B) Other federal funding.--Non-Department of
the Interior Federal funds may be used for not
more than 25 percent of the total cost of a
project funded under the grant program.
(e) Administration.--The Secretary may enter into an
agreement to manage the grant program with an organization that
offers grant management services.
SEC. 40005. REPORTING.
Not later than 180 days after the date of enactment of this
Act, and annually thereafter, the Secretary shall submit to
Congress a report describing the implementation of sections
40002 through 40006 of this Act, including a description of
each project that has received funding under this Act.
SEC. 40006. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such
sums as are necessary to carry out sections 40002 through 40006
of this Act.
(b) Supplement, Not Supplant.--Funds made available under
subsection (a) shall supplement, and not supplant, funding for
other activities conducted by the Secretary in the Chesapeake
Bay watershed.
25. An Amendment To Be Offered by representative Walberg of Michigan or
his Designee
Page 718, line 15, strike ``race and ethnicity'' and insert
``race, ethnicity, and mode of transportation''.
----------
26. An Amendment To Be Offered By Representative Walden of Oregon or
His Designee
Page 157, after line 23, insert the following:
SEC. 1118. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE SAFETY IMPROVEMENTS.
(a) In General.--Notwithstanding any provision of title 23,
United States Code, or any regulation issued by the Secretary
of Transportation, section 129(a)(3) of such title shall not
apply to a covered public authority that receives funding under
such title for pedestrian and bike safety improvements.
(b) No Toll.--A covered public authority may not charge a
toll, fee, or other levy for use of such improvements.
(c) Effective Date.--A covered public authority shall be
eligible for the exemption under subsection (a) for 10 years
after the date of enactment of this Act. Any such exemption
granted shall remain in effect after the effective date
described in this section.
(d) Definitions.--In this section, the following definitions
apply:
(1) Covered public authority.--The term ``covered
public authority'' means a public authority with
jurisdiction over a toll facility located within both--
(A) a National Scenic Area; and
(B) the National Trail System.
(2) National scenic area.--The term ``National Scenic
Area'' means an area of the National Forest System
federally designated as a National Scenic Area in
recognition of the outstanding natural, scenic, and
recreational values of the area.
(3) National trail system.--The term ``National Trail
System'' means an area described in section 3 of the
National Trails System Act (16 U.S.C. 1242).
(4) Public authority; toll facility.--The terms
``public authority'' and ``toll facility'' have the
meanings such terms would have if such terms were
included in chapter 1 of title 23, United States Code.
----------
27. An Amendment To Be Offered by Representative Welch of Vermont or
His Designee
In subtitle B of title III of division G, strike subchapter A
of chapter 1 and insert the following:
Subchapter A--HOPE for HOMES
SEC. 33201. DEFINITIONS.
In this subchapter:
(1) Contractor certification.--The term ``contractor
certification'' means an industry recognized
certification that may be obtained by a residential
contractor to advance the expertise and education of
the contractor in energy efficiency retrofits of
residential buildings, including--
(A) a certification provided by--
(i) the Building Performance
Institute;
(ii) the Air Conditioning Contractors
of America;
(iii) the National Comfort Institute;
(iv) the North American Technician
Excellence;
(v) RESNET;
(vi) the United States Green Building
Council; or
(vii) Home Innovation Research Labs;
and
(B) any other certification the Secretary
determines appropriate for purposes of the Home
Energy Savings Retrofit Rebate Program.
(2) Contractor company.--The term ``contractor
company'' means a company--
(A) the business of which is to provide
services to residential building owners with
respect to HVAC systems, insulation, air
sealing, or other services that are approved by
the Secretary;
(B) that holds the licenses and insurance
required by the State in which the company
provides services; and
(C) that provides services for which a
partial system rebate, measured performance
rebate, or modeled performance rebate may be
provided pursuant to the Home Energy Savings
Retrofit Rebate Program.
(3) Energy audit.--The term ``energy audit'' means an
inspection, survey, and analysis of the energy use of a
building, including the building envelope and HVAC
system.
(4) Home.--The term ``home'' means a residential
dwelling unit in a building with no more than 4
dwelling units that--
(A) is located in the United States;
(B) was constructed before the date of
enactment of this Act; and
(C) is occupied at least 6 months out of the
year.
(5) Home energy savings retrofit rebate program.--The
term ``Home Energy Savings Retrofit Rebate Program''
means the Home Energy Savings Retrofit Rebate Program
established under section 33203.
(6) Homeowner.--The term ``homeowner'' means the
owner of an owner-occupied home or a tenant-occupied
home.
(7) Home valuation certification.--The term ``home
valuation certification'' means the following home
assessments:
(A) Home Energy Score.
(B) PEARL Certification.
(C) National Green Building Standard.
(D) LEED.
(E) Any other assessment the Secretary
determines to be appropriate.
(8) HOPE qualification.--The term ``HOPE
Qualification'' means the qualification described in
section 33202B.
(9) HOPE training credit.--The term ``HOPE training
credit'' means a HOPE training task credit or a HOPE
training supplemental credit.
(10) HOPE training task credit.--The term ``HOPE
training task credit'' means a credit described in
section 33202A(a).
(11) HOPE training supplemental credit.--The term
``HOPE training supplemental credit'' means a credit
described in section 33202A(b).
(12) HVAC system.--The term ``HVAC system'' means a
system--
(A) consisting of a heating component, a
ventilation component, and an air-conditioning
component; and
(B) which components may include central air
conditioning, a heat pump, a furnace, a boiler,
a rooftop unit, and a window unit.
(13) Measured performance rebate.--The term
``measured performance rebate'' means a rebate provided
in accordance with section 33203B and described in
subsection (e) of that section.
(14) Modeled performance rebate.--The term ``modeled
performance rebate'' means a rebate provided in
accordance with section 33203B and described in
subsection (d) of that section.
(15) Moderate income.--The term ``moderate income''
means, with respect to a household, a household with an
annual income that is less than 80 percent of the area
median income, as determined annually by the Department
of Housing and Urban Development.
(16) Partial system rebate.--The term ``partial
system rebate'' means a rebate provided in accordance
with section 33203A.
(17) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(18) State.--The term ``State'' includes--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the United States Virgin Islands; and
(H) any other territory or possession of the
United States.
(19) State energy office.--The term ``State energy
office'' means the office or agency of a State
responsible for developing the State energy
conservation plan for the State under section 362 of
the Energy Policy and Conservation Act (42 U.S.C.
6322).
PART 1--HOPE TRAINING
SEC. 33202. NOTICE FOR HOPE QUALIFICATION TRAINING AND GRANTS.
Not later than 30 days after the date of enactment of this
Act, the Secretary, acting through the Director of the Building
Technologies Office of the Department of Energy, shall issue a
notice that includes--
(1) criteria established under section 33202A for
approval by the Secretary of courses for which credits
may be issued for purposes of a HOPE Qualification;
(2) a list of courses that meet such criteria and are
so approved; and
(3) information on how individuals and entities may
apply for grants under this part.
SEC. 33202A. COURSE CRITERIA.
(a) HOPE Training Task Credit.--
(1) Criteria.--The Secretary shall establish criteria
for approval of a course for which a credit, to be
known as a HOPE training task credit, may be issued,
including that such course--
(A) is equivalent to at least 30 hours in
total course time;
(B) is accredited by the Interstate Renewable
Energy Council or is determined to be
equivalent by the Secretary;
(C) is, with respect to a particular job,
aligned with the relevant National Renewable
Energy Laboratory Job Task Analysis, or other
credentialing program foundation that helps
identify the necessary core knowledge areas,
critical work functions, or skills, as approved
by the Secretary;
(D) has established learning objectives; and
(E) includes, as the Secretary determines
appropriate, an appropriate assessment of such
learning objectives that may include a final
exam, to be proctored on-site or through remote
proctoring, or an in-person field exam.
(2) Included courses.--The Secretary shall approve
one or more courses that meet the criteria described in
paragraph (1) for training related to--
(A) contractor certification;
(B) energy auditing or assessment;
(C) home energy systems (including HVAC
systems);
(D) insulation installation and air leakage
control;
(E) health and safety regarding the
installation of energy efficiency measures or
health and safety impacts associated with
energy efficiency retrofits; and
(F) indoor air quality.
(b) HOPE Training Supplemental Credit Criteria.--The
Secretary shall establish criteria for approval of a course for
which a credit, to be known as a HOPE training supplemental
credit, may be issued, including that such course provides--
(1) training related to--
(A) small business success, including
management, home energy efficiency software, or
general accounting principles;
(B) the issuance of a home valuation
certification;
(C) the use of wifi-enabled technology in an
energy efficiency upgrade; or
(D) understanding and being able to
participate in the Home Energy Savings Retrofit
Rebate Program; and
(2) as the Secretary determines appropriate, an
appropriate assessment of such training that may
include a final exam, to be proctored on-site or
through remote proctoring, or an in-person field exam.
(c) Existing Approved Courses.--The Secretary may approve a
course that meets the applicable criteria established under
this section that is approved by the applicable State energy
office or relevant State agency with oversight authority for
residential energy efficiency programs.
(d) In-Person and Online Training.--An online course approved
pursuant to this section may be conducted in-person, but may
not be offered exclusively in-person.
SEC. 33202B. HOPE QUALIFICATION.
(a) Issuance of Credits.--
(1) In general.--The Secretary, or an entity
authorized by the Secretary pursuant to paragraph (2),
may issue--
(A) a HOPE training task credit to any
individual that completes a course that meets
applicable criteria under section 33202A; and
(B) a HOPE training supplemental credit to
any individual that completes a course that
meets the applicable criteria under section
33202A.
(2) Other entities.--The Secretary may authorize a
State energy office implementing an authorized program
under subsection (b)(2), an organization described in
section 33202C(b), and any other entity the Secretary
determines appropriate, to issue HOPE training credits
in accordance with paragraph (1).
(b) HOPE Qualification.--
(1) In general.--The Secretary may certify that an
individual has achieved a qualification, to be known as
a HOPE Qualification, that indicates that the
individual has received at least 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 part.
SEC. 33202C. GRANTS.
(a) In General.--The Secretary shall, to the extent amounts
are made available in appropriations Acts for such purposes,
provide grants to support the training of individuals toward
the completion of a HOPE Qualification.
(b) Provider Organizations.--
(1) In general.--The Secretary may provide a grant of
up to $20,000 under this section to an organization to
provide training online, including establishing,
modifying, or maintaining the online systems, staff
time, and software and online program management,
through a course that meets the applicable criteria
established under section 33202A.
(2) Criteria.--In order to receive a grant under this
subsection, an organization shall be--
(A) a nonprofit organization;
(B) an educational institution; or
(C) an organization that has experience
providing training to contractors that work
with the weatherization assistance program
implemented under part A of title IV of the
Energy Conservation and Production Act (42
U.S.C. 6861 et seq.) or equivalent experience,
as determined by the Secretary.
(3) Additional certifications.--In addition to any
grant provided under paragraph (1), the Secretary may
provide an organization up to $5,000 for each
additional course for which a HOPE training credit may
be issued that is offered by the organization.
(c) Contractor Company.--The Secretary may provide a grant
under this section of $1,000 per employee to a contractor
company, up to a maximum of $10,000, to reimburse the
contractor company for training costs for employees, and any
home technology support needed for an employee to receive
training pursuant to this section. Grant funds provided under
this subsection may be used to support wages of employees
during training.
(d) Trainees.--The Secretary may provide a grant of up to
$1,000 under this section to an individual who receives a HOPE
Qualification.
(e) State Energy Office.--The Secretary may provide a grant
under this section to a State energy office of up to $25,000 to
implement an authorized program under section 33202B(b).
SEC. 33202D. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this part
$500,000,000 for the period of fiscal years 2021 through 2025,
to remain available until expended.
PART 2--HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM
SEC. 33203. ESTABLISHMENT OF HOME ENERGY SAVINGS RETROFIT REBATE
PROGRAM.
The Secretary shall establish a program, to be known as the
Home Energy Savings Retrofit Rebate Program, to--
(1) provide rebates in accordance with section
33203A; and
(2) provide grants to States to carry out programs to
provide rebates in accordance with section 33203B.
SEC. 33203A. PARTIAL SYSTEM REBATES.
(a) Amount of Rebate.--In carrying out the Home Energy
Savings Retrofit Rebate Program, and subject to the
availability of appropriations for such purpose, the Secretary
shall provide a homeowner a rebate, to be known as a partial
system rebate, of, except as provided in section 33203C, up
to--
(1) $800 for the purchase and installation of
insulation and air sealing within a home of the
homeowner; and
(2) $1,500 for the purchase and installation of
insulation and air sealing within a home of the
homeowner and replacement of an HVAC system, the
heating component of an HVAC system, or the cooling
component of an HVAC system, of such home.
(b) Specifications.--
(1) Cost.--The amount of a partial system rebate
provided under this section shall, except as provided
in section 33203C, not exceed 30 percent of cost of the
purchase and installation of insulation and air sealing
under subsection (a)(1), or the purchase and
installation of insulation and air sealing and
replacement of an HVAC system, the heating component of
an HVAC system, or the cooling component of an HVAC
system, under subsection (a)(2). Labor may be included
in such cost but may not exceed--
(A) in the case of a rebate under subsection
(a)(1), 50 percent of such cost; and
(B) in the case of a rebate under subsection
(a)(2), 25 percent of such cost.
(2) Replacement of an hvac system, the heating
component of an hvac system, or the cooling component
of an hvac system.--In order to qualify for a partial
system rebate described in subsection (a)(2)--
(A) any HVAC system, heating component of an
HVAC system, or cooling component of an HVAC
system installed shall be Energy Star Most
Efficient certified;
(B) installation of such an HVAC system, the
heating component of an HVAC system, or the
cooling component of an HVAC system, shall be
completed in accordance with standards
specified by the Secretary that are at least as
stringent as the applicable guidelines of the
Air Conditioning Contractors of America that
are in effect on the date of enactment of this
Act;
(C) if ducts are present, replacement of an
HVAC system, the heating component of an HVAC
system, or the cooling component of an HVAC
system shall include duct sealing; and
(D) the installation of insulation and air
sealing shall occur within 6 months of the
replacement of the HVAC system, the heating
component of an HVAC system, or the cooling
component of an HVAC system.
(c) Additional Incentives for Contractors.--In carrying out
the Home Energy Savings Retrofit Rebate Program, the Secretary
may provide a $250 payment to a contractor per home for which--
(1) a partial system rebate is provided under this
section for the installation of insulation and air
sealing, or installation of insulation and air sealing
and replacement of an HVAC system, the heating
component of an HVAC system, or the cooling component
of an HVAC system, by the contractor;
(2) the applicable homeowner has signed and submitted
to the Secretary a release form made available pursuant
to section 33203E(b) authorizing the contractor access
to information in the utility bills of the homeowner;
and
(3) the contractor inputs, into the Department of
Energy's Building Performance Database--
(A) the energy usage for the home for the 12
months preceding, and the 24 months following,
the installation of insulation and air sealing
or installation of insulation and air sealing
and replacement of an HVAC system, the heating
component of an HVAC system, or the cooling
component of an HVAC system;
(B) a description of such installation or
installation and replacement; and
(C) the total cost to the homeowner for such
installation or installation and replacement.
(d) Process.--
(1) Forms; rebate processing system.--Not later than
90 days after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of the
Treasury, shall--
(A) develop and make available rebate forms
required to receive a partial system rebate
under this section;
(B) establish a Federal rebate processing
system which shall serve as a database and
information technology system that will allow
homeowners to submit required rebate forms; and
(C) establish a website that provides
information on partial system rebates provided
under this section, including how to determine
whether particular measures qualify for a
rebate under this section and how to receive
such a rebate.
(2) Submission of forms.--In order to receive a
partial system rebate under this section, a homeowner
shall submit the required rebate forms, and any other
information the Secretary determines appropriate, to
the Federal rebate processing system established
pursuant to paragraph (1).
(e) Funding.--
(1) Limitation.--For each fiscal year, the Secretary
may not use more than 50 percent of the amounts made
available to carry out this part to carry out this
section.
(2) Allocation.--The Secretary shall allocate amounts
made available to carry out this section for partial
system rebates among the States using the same formula
as is used to allocate funds for States under part D of
title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).
SEC. 33203B. STATE ADMINISTERED REBATES.
(a) Funding.--In carrying out the Home Energy Savings
Retrofit Rebate Program, and subject to the availability of
appropriations for such purpose, the Secretary shall provide
grants to States to carry out programs to provide rebates in
accordance with this section.
(b) State Participation.--
(1) Plan.--In order to receive a grant under this
section a State shall submit to the Secretary an
application that includes a plan to implement a State
program that meets the minimum criteria under
subsection (c).
(2) Approval.--Not later than 60 days after receipt
of a completed application for a grant under this
section, the Secretary shall either approve the
application or provide to the applicant an explanation
for denying the application.
(c) Minimum Criteria for State Programs.--Not later than 6
months after the date of enactment of this Act, the Secretary
shall establish and publish minimum criteria for a State
program to meet to qualify for funding under this section,
including--
(1) that the State program be carried out by the
applicable State energy office or its designee;
(2) that a rebate be provided under a State program
only for a home energy efficiency retrofit that--
(A) is completed by a contractor who meets
minimum training requirements and certification
requirements set forth by the Secretary;
(B) includes installation of one or more home
energy efficiency retrofit measures for a home
that together are modeled to achieve, or are
shown to achieve, a reduction in home energy
use of 20 percent or more from the baseline
energy use of the home;
(C) does not include installation of any
measure that the Secretary determines does not
improve the thermal energy performance of the
home, such as a pool pump, pool heater, spa, or
EV charger; and
(D) includes, after installation of the
applicable home energy efficiency retrofit
measures, a test-out procedure conducted in
accordance with guidelines issued by the
Secretary of such measures to ensure--
(i) the safe operation of all systems
post retrofit; and
(ii) that all improvements are
included in, and have been installed
according to--
(I) manufacturers
installation specifications;
and
(II) all applicable State and
local codes or equivalent
standards approved by the
Secretary;
(3) that the State program utilize--
(A) for purposes of modeled performance
rebates, modeling software approved by the
Secretary for determining and documenting the
baseline energy use of a home and the
reductions in home energy use resulting from
the implementation of a home energy efficiency
retrofit; and
(B) for purposes of measured performance
rebates, methods and procedures approved by the
Secretary for determining and documenting the
baseline energy use of a home and the
reductions in home energy use resulting from
the implementation of a home energy efficiency
retrofit, including methods and procedures for
use of advanced metering infrastructure,
weather-normalized data, and open source
standards, to measure such baseline energy use
and such reductions in home energy use;
(4) that the State program include implementation of
a quality assurance program--
(A) to ensure that home energy efficiency
retrofits are achieving the stated level of
energy savings, that efficiency measures were
installed correctly, and that work is performed
in accordance with procedures developed by the
Secretary, including through quality-control
inspections for a portion of home energy
efficiency retrofits completed by each
applicable contractor; and
(B) under which a quality-control inspection
of a home energy efficiency retrofit is
performed by a quality assurance provider who--
(i) is independent of the contractor
for such retrofit; and
(ii) will confirm that such
contractor is a contractor who meets
minimum training requirements and
certification requirements set forth by
the Secretary;
(5) that the State program include requirements for a
homeowner, contractor, or rebate aggregator to claim a
rebate, including that the homeowner, contractor, or
rebate aggregator submit any applicable forms approved
by the Secretary to the State, including a copy of the
certificate provided by the applicable contractor
certifying projected or measured reduction of home
energy use;
(6) that the State program may include requirements
for an entity to be eligible to serve as a rebate
aggregator to facilitate the delivery of rebates to
homeowners or contractors;
(7) that the State program include procedures for a
homeowner to transfer the right to claim a rebate to
the contractor performing the applicable home energy
efficiency retrofit or to a rebate aggregator that
works with the contractor; and
(8) that the State program provide that a homeowner,
contractor, or rebate aggregator may claim more than
one rebate under the State program, and may claim a
rebate under the State program after receiving a
partial system rebate under section 33203A, provided
that no 2 rebates may be provided with respect to a
home using the same baseline energy use of such home.
(d) Modeled Performance Rebates.--
(1) In general.--In carrying out a State program
under this section, a State may provide a homeowner,
contractor, or rebate aggregator a rebate, to be known
as a modeled performance rebate, for an energy audit of
a home and a home energy efficiency retrofit that is
projected, using modeling software approved by the
Secretary, to reduce home energy use by at least 20
percent.
(2) Amount.--
(A) In general.--Except as provided in
section 33203C, and subject to subparagraph
(B), the amount of a modeled performance rebate
provided under a State program shall be equal
to 50 percent of the cost of the applicable
energy audit of a home and home energy
efficiency retrofit, including the cost of
diagnostic procedures, labor, reporting, and
modeling.
(B) Limitation.--Except as provided in
section 33203C, with respect to an energy audit
and home energy efficiency retrofit that is
projected to reduce home energy use by--
(i) at least 20 percent, but less
than 40 percent, the maximum amount of
a modeled performance rebate shall be
$2,000; and
(ii) at least 40 percent, the maximum
amount of a modeled performance rebate
shall be $4,000.
(e) Measured Performance Rebates.--
(1) In general.--In carrying out a State program
under this section, a State may provide a homeowner,
contractor, or rebate aggregator a rebate, to be known
as a measured performance rebate, for a home energy
efficiency retrofit that reduces home energy use by at
least 20 percent as measured using methods and
procedures approved by the Secretary.
(2) Amount.--
(A) In general.--Except as provided in
section 33203C, and subject to subparagraph
(B), the amount of a measured performance
rebate provided under a State program shall be
equal to 50 percent of the cost, including the
cost of diagnostic procedures, labor,
reporting, and energy measurement, of the
applicable home energy efficiency retrofit.
(B) Limitation.--Except as provided in
section 33203C, with respect to a home energy
efficiency retrofit that is measured as
reducing home energy use by--
(i) at least 20 percent, but less
than 40 percent, the maximum amount of
a measured performance rebate shall be
$2,000; and
(ii) at least 40 percent, the maximum
amount of a measured performance rebate
shall be $4,000.
(f) Coordination of Rebate and Existing State-sponsored or
Utility-Sponsored Programs.--A State that receives a grant
under this section is encouraged to work with State agencies,
energy utilities, nonprofits, and other entities--
(1) to assist in marketing the availability of the
rebates under the applicable State program;
(2) to coordinate with utility or State managed
financing programs;
(3) to assist in implementation of the applicable
State program, including installation of home energy
efficiency retrofits; and
(4) to coordinate with existing quality assurance
programs.
(g) Administration and Oversight.--
(1) Review of approved modeling software.--The
Secretary shall, on an annual basis, list and review
all modeling software approved for use in determining
and documenting the reductions in home energy use for
purposes of modeled performance rebates under
subsection (d). In approving such modeling software
each year, the Secretary shall ensure that modeling
software approved for a year will result in modeling of
energy efficiency gains for any type of home energy
efficiency retrofit that is at least as substantial as
the modeling of energy efficiency gains for such type
of home energy efficiency retrofit using the modeling
software approved for the previous year.
(2) Oversight.--If the Secretary determines that a
State is not implementing a State program that was
approved pursuant to subsection (b) and that meets the
minimum criteria under subsection (c), the Secretary
may, after providing the State a period of at least 90
days to meet such criteria, withhold grant funds under
this section from the State.
SEC. 33203C. SPECIAL PROVISIONS FOR MODERATE INCOME HOUSEHOLDS.
(a) Certifications.--The Secretary shall establish procedures
for certifying that the household of a homeowner is moderate
income for purposes of this section.
(b) Percentages.--Subject to subsection (c), for households
of homeowners that are certified pursuant to the procedures
established under subsection (a) as moderate income the--
(1) amount of a partial system rebate under section
33203A shall not exceed 60 percent of the applicable
purchase and installation costs described in section
33203A(b)(1); and
(2) amount of--
(A) a modeled performance rebate under
section 33203B provided shall be equal to 80
percent of the applicable costs described in
section 33203B(d)(2)(A); and
(B) a measured performance rebate under
section 33203B provided shall be equal to 80
percent of the applicable costs described in
section 33203B(e)(2)(A).
(c) Maximum Amounts.--For households of homeowners that are
certified pursuant to the procedures established under
subsection (a) as moderate income the maximum amount--
(1) of a partial system rebate--
(A) under section 33203A(a)(1) for the
purchase and installation of insulation and air
sealing within a home of the homeowner shall be
$1600; and
(B) under section 33203A(a)(2) for the
purchase and installation of insulation and air
sealing within a home of the homeowner and
replacement of an HVAC system, the heating
component of an HVAC system, or the cooling
component of an HVAC system, of such home,
shall be $3,000;
(2) of a modeled performance rebate under section
33203B for an energy audit and home energy efficiency
retrofit that is projected to reduce home energy use as
described in--
(A) section 33203B(d)(2)(B)(i) shall be
$4,000; and
(B) section 33203B(d)(2)(B)(ii) shall be
$8,000; and
(3) of a measured performance rebate under section
33203B for a home energy efficiency retrofit that
reduces home energy use as described in--
(B) section 33203B(e)(2)(B)(i) shall be
$4,000; and
(C) section 33203B(e)(2)(B)(ii) shall be
$8,000.
(d) Outreach.--The Secretary shall establish procedures to--
(1) provide information to households of homeowners
that are certified pursuant to the procedures
established under subsection (a) as moderate income
regarding other programs and resources relating to
assistance for energy efficiency upgrades of homes,
including the weatherization assistance program
implemented under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et
seq.); and
(2) refer such households, as applicable, to such
other programs and resources.
SEC. 33203D. EVALUATION REPORTS TO CONGRESS.
(a) In General.--Not later than 3 years after the date of
enactment of this Act and annually thereafter until the
termination of the Home Energy Savings Retrofit Rebate Program,
the Secretary shall submit to Congress a report on the use of
funds made available to carry out this part.
(b) Contents.--Each report submitted under subsection (a)
shall include--
(1) how many home energy efficiency retrofits have
been completed during the previous year under the Home
Energy Savings Retrofit Rebate Program;
(2) an estimate of how many jobs have been created
through the Home Energy Savings Retrofit Rebate
Program, directly and indirectly;
(3) a description of what steps could be taken to
promote further deployment of energy efficiency and
renewable energy retrofits;
(4) a description of the quantity of verifiable
energy savings, homeowner energy bill savings, and
other benefits of the Home Energy Savings Retrofit
Rebate Program;
(5) a description of any waste, fraud, or abuse with
respect to funds made available to carry out this part;
and
(6) any other information the Secretary considers
appropriate.
SEC. 33203E. ADMINISTRATION.
(a) In General.--The Secretary shall provide such
administrative and technical support to contractors, rebate
aggregators, States, and Indian Tribes as is necessary to carry
out this part.
(b) Information Collection.--The Secretary shall establish,
and make available to a homeowner, or the homeowner's
designated representative, seeking a rebate under this part,
release forms authorizing access by the Secretary, or a
designated third-party representative to information in the
utility bills of the homeowner with appropriate privacy
protections in place.
SEC. 33203F. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary to carry out this part $1,200,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended.
(b) Tribal Allocation.--Of the amounts made available
pursuant to subsection (a) for a fiscal year, the Secretary
shall work with Indian Tribes and use 2 percent of such amounts
to carry out a program or programs that as close as possible
reflect the goals, requirements, and provisions of this part,
taking into account any factors that the Secretary determines
to be appropriate.
PART 3--GENERAL PROVISIONS
SEC. 33204. APPOINTMENT OF PERSONNEL.
Notwithstanding the provisions of title 5, United States
Code, regarding appointments in the competitive service and
General Schedule classifications and pay rates, the Secretary
may appoint such professional and administrative personnel as
the Secretary considers necessary to carry out this subchapter.
SEC. 33204A. MAINTENANCE OF FUNDING.
Each State receiving Federal funds pursuant to this
subchapter shall provide reasonable assurances to the Secretary
that it has established policies and procedures designed to
ensure that Federal funds provided under this subchapter will
be used to supplement, and not to supplant, State and local
funds.
PART F--TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. An Amendment To Be Offered by Representative Adams of North Carolina
or Her Designee
Page 2147, after line 25, insert the following new section:
SEC. 90114. EXAMINING LOAN MODIFICATIONS TO THE HBCU CAPITAL FINANCING
PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Education shall report to the Committee
on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate the results of an analysis to determine the potential
benefits and costs of offering loan modifications under the
HBCU Capital Financing Program under part D of title III of the
Higher Education Act of 1965 (20 U.S.C. 1066 et seq.) as
described in the report entitled ``Action Needed to Improve
Participation in Education's HBCU Capital Financing Program''
published by Government Accountability Office in June 2018
(GAO-18-455).
----------
2. An Amendment To Be Offered by Representative Axne of Iowa or Her
Designee
Page 1714, after line 2, insert the following new section:
SEC. 60016. GRANT PROGRAM FOR MANUFACTURED HOUSING PRESERVATION.
(a) Authority.--The Secretary of Housing and Urban
Development shall establish a grant program under this section
and, to the extent amounts are made available pursuant to
subsection (j), make grants under such program to eligible
entities under subsection (b) for acquiring and preserving
manufactured housing communities.
(b) Eligible Entities.--A grant under this section may be
made only to entities that meet such requirements as the
Secretary shall establish to ensure that any entity receiving a
grant has the capacity to acquire and preserve housing
affordability in such communities, including--
(1) a nonprofit organization, including land trusts;
(2) a public housing agency or other State or local
government agency;
(3) an Indian tribe (as such term is defined in
section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103)) or an
agency of an Indian tribe;
(4) a resident organization in which homeowners are
members and have open and equal access to membership;
or
(5) such other entities as the Secretary determines
will maintain housing affordability in manufactured
housing communities.
(c) Use of Grant Amounts.--Amounts from a grant under this
section may be used only for--
(1) the acquisition and preservation of manufactured
housing communities;
(2) such acquisition and preservation, together with
costs for making improvements to common areas and
community property for acquired manufactured housing
communities; or
(3) the demolition, removal, and replacement of
dilapidated homes from a manufactured housing
community.
(d) Preservation; Affordability; Ownership.--A grant under
this section may be made only if the Secretary determines that
the grantee will enter into such binding agreements as the
Secretary considers sufficient to ensure that--
(1) the manufactured housing community acquired using
such grant amounts--
(A) will be maintained as a manufactured
housing community for a period that begins upon
the making of such grant and has a duration not
shorter than 20 years;
(B) will be managed in a manner that benefits
the residents and maintains their quality of
life for a period not shorter than 20 years;
(C) will, for a period not shorter than 20
years, be subject to limitations on annual
increases in rents for lots for manufactured
homes in such community either through resident
control over increases or, if owned by a party
other than the residents, as the Secretary
considers appropriate to ensure continued
affordability and maintenance of the property,
but not in any case annually to exceed the
percentage that is equal to the percentage
increase for the immediately preceding year in
the Consumer Price Index for All Urban
Consumers (CPI-U) plus 7 percent, and such
rents will comply with any applicable State
laws;
(D) will be owned by an entity described in
subsection (b) for a period not shorter than 20
years; and
(E) has not been the primary beneficiary of a
grant under this section during the preceding 5
years; and
(2) if in the determination of the Secretary the
provisions of the agreement have not been met, the
grant shall be repaid.
(e) Amount.--The amount of any grant under this section may
not exceed the lesser of--
(1) $1,000,000; or
(2) the amount that is equal to $20,000 multiplied by
the number of manufactured home lots in the
manufactured housing community for which the grant is
made.
(f) Matching Funds.--The Secretary shall require a grantee of
grant under this section to provide non-Federal matching funds
for use only for the same purposes for which the grant is used
in an amount equal or exceeding the amount of the grant
provided to the grantee. Such non-Federal matching funds may be
provided by State, tribal, local, or private resources and may
be a grant or loan, in cash or in-kind.
(g) Applications; Selection.--
(1) Applications.--The Secretary shall provide for
eligible entities under subsection (b) to apply for
grants under this section, and shall require such
applications to contain such assurances as the
Secretary may require regarding the availability of
matching funds sufficient to comply with subsection (f)
and any organizational documents regarding the
manufactured housing community for which the grant is
made, as may be required by the State in which such
community is located. The Secretary shall accept
applications on a rolling basis and approve or deny
each application within 20 business days of receipt in
order to facilitate market-based transactions by an
applicant.
(2) Selection.--The Secretary shall establish
criteria for selection of applicants to receive grants
under this section, which criteria shall--
(A) give priority to grantees who would use
such grant amounts to carry out activities
under subsection (c) within areas having a high
concentration of low-, very low-, or extremely
low-income families (as such terms are defined
in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b));
(B) give priority to grants for the benefit
of communities that have not received a grant
under this section during the preceding 10
years; and
(C) ensure that not more than 40 percent of
grant funds for any fiscal year are awarded to
entities identified in subsection (b)(5).
(h) Reports.--
(1) In general.--The Secretary shall submit a report
annually regarding the grant program under this section
to Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate, and shall make each
such report publicly available on the website of the
Department of Housing and Urban Development. The first
such report shall be made for the first fiscal year in
which any grants are made under this section and a
report shall be made for each fiscal year in which a
grantee is subject to the requirements under
subparagraph (d)(1)(A).
(2) Contents.--Each such report shall include, for
the fiscal year covered by the report--
(A) a description of the grants made under
the program, including identification of what
type of eligible entity under subsection (b)
each grantee is;
(B) for each manufactured home community for
which a grant under this section is made,
identification of --
(i) the number of manufactured home
units in the community at the time of
the grant;
(ii) the lot rents in the community
at such time; and
(iii) if a manufactured home
community was purchased using grant
amounts, the purchase price of the
community;
(C) summary information identifying the total
applications received for grants under this
section and total grant funding sought,
disaggregated by the types of eligible entities
under subsection (b) of the applicants; and
(D) an analysis of the effectiveness of the
program, including identification of changes to
the number of units and lot rents in
communities for which a grant was made, any
significant upgrades made to the communities,
demographic changes in communities, and, if any
community is sold during the period covered
under subsection (d), the sale price of the
community.
(i) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Manufactured home.--The term ``manufactured
home'' means a structure, transportable in one or more
sections, that--
(A) in the traveling mode, is 8 body feet or
more in width and 40 body feet or more in
length, or when erected on site is 320 square
feet or more;
(B) is built on a permanent chassis and
designed to be used as a dwelling (with or
without a permanent foundation when connected
to required utilities) and includes plumbing,
heating, air conditioning, and electrical
systems; and
(C) in the case of a structure manufactured
after June 15, 1976, is certified as meeting
the Manufactured Home Construction and Safety
Standards issued under the National
Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5401 et seq.)
by the Department of Housing and Urban
Development and displays a label of such
certification on the exterior of each
transportable section.
Such term shall not include any self-propelled
recreational vehicle.
(2) Manufactured housing community.--The term
``manufactured housing community'' means a community
comprised primarily of manufactured homes used
primarily for residential purposes.
(3) Secretary.--The term ``Secretary'' means the
Secretary of Housing and Urban Development.
(j) Authorization of Appropriations.--There is authorized to
be appropriated for grants under this section $100,000,000 for
each of fiscal years 2021 through 2025, of which not more than
5 percent may be used for administration and oversight.
(k) Regulations.--The Secretary shall issue any regulations
necessary to carry out this section.
----------
3. An Amendment To Be Offered by Representative Bonamici of Oregon or
Her Designee
Page 1691, after line 10, insert the following:
TITLE I--NATIONAL SCENIC BYWAYS PROGRAM.
At the end of division H, insert the following:
TITLE II--BUILDING U.S. INFRASTRUCTURE BY LEVERAGING DEMANDS FOR SKILLS
(BUILDS)
SEC. 40101. DEFINITIONS.
(1) In general.--In this title, except as otherwise
provided in this title, the terms have the meanings
given the terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(2) Apprenticeship, apprenticeship program.--The term
``apprenticeship'' or ``apprenticeship program'' means
an apprenticeship program registered under the Act of
August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.), including any requirement,
standard, or rule promulgated under such Act, as such
requirement, standard, or rule was in effect on
December 30, 2019.
(3) CTE terms.--The terms ``area career and technical
education school'', ``articulation agreement'',
``career guidance and academic counseling'', ``credit
transfer agreement'', ``early college high school'',
``high school'', ``program of study'', ``Tribal
educational agency'', and ``work-based learning'' have
the meanings given the terms in section 3 of the Carl
D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302).
(4) Education and training provider.--
(A) In general.--The term ``education and
training provider'' means an entity listed in
subparagraph (B) that provides academic
curriculum and instruction related to targeted
infrastructure industries.
(B) Entities.--An entity described in this
subparagraph is as follows:
(i) An area career and technical
education school, early college high
school, or high school providing career
and technical education programs of
study.
(ii) An Indian Tribe, Tribal
organization, or Tribal educational
agency.
(iii) A minority-serving institution
(as described in any of paragraphs (1)
through (7) of section 371(a) of the
Higher Education Act of 1965 (20 U.S.C.
1067q(a))).
(iv) A provider of adult education
and literacy activities under the Adult
Education and Family Literacy Act (29
U.S.C. 3271 et seq.);
(v) A local agency administering
plans under title I of the
Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or
part C of that title (29 U.S.C. 732,
741);
(vi) A related instruction provider
for an apprenticeship program.
(vii) A public institution of higher
education (as defined in section 101 of
the Higher Education Act of 1965 (20
U.S.C. 1001).
(viii) A provider included on the
list of eligible providers of training
services described in section 122(d) of
the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)).
(ix) A consortium of entities
described in any of clauses (i) through
(viii).
(5) Eligible entity.--The term ``eligible entity''
means--
(A) an industry or sector partnership;
(B) a State board or State workforce
development agency, or a local board or local
workforce development agency;
(C) an eligible institution, or a consortium
thereof;
(D) an Indian Tribe, Tribal organization, or
Tribal educational agency;
(E) a labor organization or joint-labor
management organization; or
(F) a qualified intermediary.
(6) Nontraditional population.--The term
``nontraditional population'' means a group of
individuals (such as a group of individuals from the
same gender or race) the members of which comprise
fewer than 25 percent of the individuals employed in a
targeted infrastructure industry.
(7) Qualified intermediary.--
(A) In general.--The term ``qualified
intermediary'' means an entity that
demonstrates an expertise--
(i) in engaging in the partnerships
described in subparagraph (B); and
(ii) serving participants and
employers of programs funded under this
title by--
(I) connecting employers to
programs funded under this
title;
(II) assisting in the design
and implementation of such
programs, including curriculum
development and delivery of
instruction;
(III) providing professional
development activities such as
training to mentors;
(IV) connecting students or
workers to programs funded
under this title;
(V) developing and providing
personalized support for
individuals participating in
programs funded under this
title, including by partnering
with organizations to provide
access to or referrals for
supportive services and
financial advising; or
(VI) providing services,
resources, and supports for
development, delivery,
expansion, or improvement of
programs funded under this
title.
(B) Required partnerships.--In carrying out
activities under this title, the qualified
intermediary shall act in partnerships with--
(i) industry or sector partnerships,
including establishing a new industry
or sector partnership or expanding an
existing industry or sector
partnership;
(ii) partnerships among employers,
joint labor-management organizations,
labor organizations, community-based
organizations, State or local workforce
development boards, education and
training providers, social service
organizations, economic development
organizations, Indian Tribes or Tribal
organizations, or one-stop operators,
or one-stop partners, in the State
workforce development system; or
(iii) partnerships among one or more
of the entities described in clauses
(i) and (ii).
(8) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(9) Targeted infrastructure industry.--The term
``targeted infrastructure industry'' means an industry,
including the transportation (including surface,
transit, aviation, maritime, or railway
transportation), construction, energy (including the
deployment of renewable and clean energy, energy
efficiency, transmission, and battery storage),
information technology, or utilities industry) to be
served by a grant, contract, or cooperative agreement
under this title.
SEC. 40102. GRANTS AUTHORIZED.
(a) In General.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of Energy, the
Secretary of Commerce, the Secretary of Education, and the
Chief of Engineers and Commanding General of the Army Corps of
Engineers, shall award, on a competitive basis, grants,
contracts, or cooperative agreements to eligible entities to
plan and implement activities to achieve the strategic
objectives described in section 40104(b) with respect to a
targeted infrastructure industry identified in the application
submitted under section 40103 by such eligible entities.
(b) Types of Awards.--A grant, contract, or cooperative
agreement awarded under this title may be in the form of--
(1) an implementation grant, contract, or cooperative
agreement, for entities seeking an initial grant under
this title; or
(2) a renewal grant, contract, or cooperative
agreement for entities that have already received an
implementation grant, contract, or cooperative
agreement under this title.
(c) Duration.--Each grant awarded under this title shall be
for a period not to exceed 3 years.
(d) Amount.--The amount of a grant, contract, or cooperative
agreement awarded under this title may not exceed--
(1) for an implementation grant, contract, or
cooperative agreement, $2,500,000; and
(2) for a renewal grant, contract, or cooperative
agreement, $1,500,000.
(e) Award Basis.--
(1) Geographic diversity.--The Secretary shall award
funds under this title in a manner that ensures
geographic diversity (such as urban and rural
distribution) in the areas in which activities will be
carried out using such funds.
(2) Priority for awards.--In awarding funds under
this title, the Secretary shall give priority to
eligible entities that--
(A) in the case of awarding implementation
grants, contracts, or cooperative agreements--
(i) demonstrate long-term
sustainability of a program or activity
funded under this title;
(ii) will serve a high number or high
percentage of nontraditional
populations and individuals with
barriers to employment; and
(iii) will provide a non-Federal
share of the cost of the activities;
and
(B) in the case of awarding renewal grants,
contracts, or cooperative agreements--
(i) meet the criteria established in
subparagraph (A); and
(ii) have demonstrated ability to
meet the--
(I) strategic objectives of
the implementation grant,
contract or cooperative
agreement described in section
40103(b)(4); and
(II) meet or exceed the
requirements of the evaluations
and progress reports described
in section 40104(f).
SEC. 40103. APPLICATION.
(a) In General.--An eligible entity desiring a grant.
contract, or cooperative agreement under this title shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require, including the contents described in subsection (b).
(b) Contents.--An application submitted under this title
shall contain, at a minimum--
(1) a description of the entities engaged in
activities funded under the grant, including--
(A) evidence of the eligible entity's
capacity to carry out activities to achieve the
strategic objectives described in section
40104(b); and
(B) identification, and expected
participation and responsibilities of each key
stakeholder in the targeted infrastructure
industry described in section 40104(b)(1) with
which the eligible entity will partner to carry
out such activities;
(2) a description of the targeted infrastructure
industry to be served by the eligible entity with funds
received under this title, and a description of how
such industry was identified, including--
(A) the quantitative data and evidence that
demonstrates the demand for employment in such
industry in the geographic area served by the
eligible entity under this title; and
(B) a description of the local, State, or
federally funded infrastructure projects with
respect to which the eligible entity
anticipates engaging the partners described in
paragraph (1)(B);
(3) a description of the workers that will be
targeted or recruited by the eligible entity,
including--
(A) how recruitment activities will target
nontraditional populations to improve the
percentages of nontraditional populations
employed in targeted infrastructure industries;
and
(B) a description of potential barriers to
employment for targeted workers, and a
description of strategies that will be used to
help workers overcome such barriers;
(4) a description of the strategic objectives
described in section 40104(b) that the eligible entity
intends to achieve concerning the targeted
infrastructure industry and activities to be carried
out as described in section 40104, including--
(A) a timeline for progress towards achieving
such strategic objectives;
(B) a description of the manner in which the
eligible entity intends to make sustainable
progress towards achieving such strategic
objectives; and
(C) assurances the eligible entity will
provide performance measures for measuring
progress towards achieving such strategic
objectives, as described in section 40104(f);
(5) a description of the recognized postsecondary
credentials that the eligible entity proposes to
prepare individuals participating in activities under
this title for, which shall--
(A) be nationally or regionally portable and
stackable;
(B) be related to the targeted infrastructure
industry that the eligible entity proposes to
support; and
(C) be aligned to a career pathway and work-
based learning opportunity, such as an
apprenticeship program or a pre-apprenticeship
program articulating to an apprenticeship
program;
(6) a description of the Federal and non-Federal
resources, available under provisions of law other than
this title, that will be leveraged in support of the
partnerships and activities under this title; and
(7) a description of how the eligible entity or the
education and training provider in partnership with
such eligible entity under this title will establish or
implement plans to be included on the list of eligible
providers of training services described in section
122(d) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3152(d)).
SEC. 40104. ELIGIBLE ACTIVITIES.
(a) In General.--An eligible entity receiving funds under
this title shall carry out activities described this section to
achieve the strategic objectives identified in the entity's
application under section 40103, including the objectives
described in subsection (b).
(b) Strategic Objectives.--The activities to be carried out
with the funds awarded under this title shall be designed to
achieve strategic objectives, including the following:
(1) Recruiting key stakeholders (such as employers,
labor organizations, local boards, and education and
training providers, economic development agencies, and
as applicable, qualified intermediaries) in the
targeted infrastructure industry to establish or expand
industry and sector partnerships for the purpose of--
(A) assisting the eligible entity in carrying
out the activities described in subsection (a);
and
(B) convening with the eligible entity in a
collaborative structure that supports the
sharing of information and best practices for
supporting the development of a diverse
workforce to support the targeted
infrastructure industry.
(2) Identifying the training needs of the State or
local area in the targeted infrastructure industry,
including--
(A) needs for skills critical to
competitiveness and innovation in the industry;
(B) needs of the apprenticeship programs or
other paid work-based learning programs
supported by the funds; and
(C) the needed establishment, expansion, or
revisions of career pathways and academic
curriculum in the targeted infrastructure
industries to establish talent pipelines for
such industry.
(3) Identifying and quantifying any disparities or
gaps in employment of nontraditional populations in the
targeted infrastructure industries and establishing or
expanding strategies to close such gaps.
(4) Supporting the development of consortia of
education and training providers receiving assistance
under this title to align curricula, recognized
postsecondary credentials, and programs to the targeted
infrastructure industry needs and the credentials
described in section 40103(b)(5), particularly for
high-skill, high-wage or in-demand industry sectors or
occupations related to the targeted infrastructure
industry.
(5) Providing information on activities carried out
with such funds to the State and local board and the
State agency carrying out the State program under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.), including
staff of the agency that provide services under such
Act, to enable the State agency to inform recipients of
unemployment compensation or the employment and
training opportunities that may be offered through such
activities.
(6) Establishing or expanding partnerships with
employers in industry or sector partnerships to attract
potential workers from a diverse jobseeker base,
including individuals with barriers to employment and
nontraditional populations, by identifying any such
barriers through analysis of the labor market data and
recruitment strategies, and implementing strategies to
help such workers overcome such barriers and increase
diversity in the targeted infrastructure industries.
(c) Planning Activities.--An eligible entity receiving a
planning grant, contract, or cooperative agreement under this
title shall use not more than $250,000 of such funds to carry
out planning activities during the first year of the grant,
contract, or agreement period, which may include--
(1) establishing or expanding industry or sector
partnerships described in subsection (b)(1);
(2) conducting outreach to local labor organizations,
employers, industry associations, education and
training providers, economic development organizations,
and qualified intermediaries, as applicable;
(3) recruiting individuals for participation in
programs assisted with funds under this title,
including individuals with barriers to employment and
nontraditional populations;
(4) establishing or expanding paid work-based
learning opportunities, including apprenticeship
programs or programs articulating to apprenticeship
programs;
(5) establishing or implementing plans for any
education and training provider receiving funding under
this title to be included on the list of eligible
providers of training services described in section
122(d) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3152(d));
(6) establishing or implementing plans for awarding
academic credit or providing for academic alignment
towards credit pathways for programs or programs of
study assisted with funds under this title, including
academic credit for industry recognized credentials,
competency-based education, work-based learning, or
apprenticeship programs;
(7) making available open, searchable, and comparable
information on the recognized postsecondary credentials
awarded under such programs, including the related
skills or competencies and related employment and
earnings outcomes;
(8) conducting an evaluation of workforce needs in
the local area; or
(9) career pathway and curriculum development or
expansion, program establishment, and acquiring
equipment necessary to support activities permitted
under this section.
(d) Employer Engagement.--An eligible entity receiving funds
under this title shall use the grant funds to provide services
to engage employers in efforts to achieve the strategic
objectives identified in the partnership's application under
section 40103(b)(4), such as--
(1) navigating the registration process for a sponsor
of an apprenticeship program;
(2) connecting the employer with an education and
training provider, to support the development of
curriculum for work-based learning opportunities,
including the related instruction for apprenticeship
programs;
(3) providing training to incumbent workers to serve
as trainers or mentors to individuals participating in
a work-based learning program funded under this title;
(4) subsidizing the wages and benefits for
individuals participating in activities or programs
funded under this title for a period of not more than 6
months for employers demonstrating financial need,
including due to COVID-19; and
(5) recruiting for employment or participation in
programs funded under this title, including work-based
learning programs, including--
(A) individuals participating in programs
under the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.), or the
Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.);
(B) recipients of assistance through the
supplemental nutrition assistance program
established under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.);
(C) recipients of assistance through the
program of block grants to States for temporary
assistance for needy families established under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
(D) individuals with a barrier to employment;
or
(E) nontraditional populations in the
targeted infrastructure industry served by such
funds.
(e) Participant Supports.--The eligible entity receiving
funds under this title shall use the grant funds to provide
services to support the success of individuals participating in
a program supported under this title, which shall include--
(1) in coordination with the State or local board--
(A) training services as described in section
134(c)(3) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(3));
(B) career services as described in section
134(c)(2) of such Act; and
(C) supportive services, such as child care
and transportation;
(2) providing access to necessary supplies,
materials, technological devices, or required
equipment, attire, and other supports necessary to
participate in such programs or to start employment;
(3) job placement assistance, including in paid work-
based learning opportunities which may include
apprenticeship programs, or employment at the
completion of a program provided by an education and
training provider;
(4) providing career awareness activities, such as
career guidance and academic counseling; and
(5) services to ensure individuals served by funds
under this title maintain employment after the
completion of a program funded under this title for at
least 12 months, including through the continuation of
services described under paragraphs (1) through (4) as
applicable continuation of services described under
paragraphs (1) through (4).
(f) Evaluation and Progress Reports.--Not later than 1 year
after receiving a grant under this title, and annually
thereafter, the eligible entity receiving the grant shall
submit a report to the Secretary and the Governor of the State
that the eligible entity serves, that--
(1) describes the activities funded under this title;
(2) evaluates the progress the eligible entity has
made towards achieving the strategic objectives
identified under section 40103(b)(4); and
(3) evaluates the levels of performance achieved by
the eligible entity for training participants with
respect to the performance indicators under section
116(b)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(2)(A)) for all such
workers, disaggregated by each population specified in
section 3(24) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(24)) and by race,
ethnicity, sex, and age.
(g) Administrative Costs.--An eligible partnership may use
not more than 5 percent of the funds awarded through a grant,
contract, or cooperative agreement under this title for
administrative expenses in carrying out this section.
SEC. 40105. ADMINISTRATION BY THE SECRETARY.
(a) In General.--The Secretary may use not more than 2
percent of the amount appropriated under section 40106 for each
fiscal year for administrative expenses to carry out this
title, including the expenses of providing the technical
assistance and oversight activities under subsection (b).
(b) Technical Assistance; Oversight.--The Secretary shall
provide technical assistance and oversight to assist the
eligible entities in applying for and administering grants
awarded under this title.
SEC. 40106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal year 2021 and
each of the succeeding 4 fiscal years.
SEC. 40107. SPECIAL RULE.
Any funds made available under this title that are used to
fund an apprenticeship or apprenticeship program shall only be
used for, or provided to, an apprenticeship or apprenticeship
program that meets the definition of such term in section 40101
of this title, including any funds awarded for the purposes of
grants, contracts, or cooperative agreements, or the
development, implementation, or administration, of an
apprenticeship or an apprenticeship program.
----------
4. An Amendment To Be Offered by Representative Brownley of California
or Her Designee
Page 1658, after line 14, insert the following:
(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.'';
----------
5. An Amendment To Be Offered by Representative Cardenas of California
or His Designee
At the end of section 50002, add the following:
(g) Sense of Congress.--It is the sense of Congress that, as
the Postal Service replaces or upgrades its fleet of delivery
vehicles, the Postal Service should take all reasonable steps
to ensure that its vehicles are equipped with climate control
units to protect the health and safety of its mail carriers,
especially those working in areas of the country that are
subject to extreme temperatures.
----------
6. An Amendment To Be Offered by Representative Courtney of Connecticut
or His Designee
Page 1707, line 11, strike ``or''.
Page 1707, after line 11, insert the following:
(3) activities designed to preserve existing housing
by remediation of iron sulfide or other minerals
causing housing degredation; or
Page 1707, line 12, strike ``(3)'' and insert ``(4)''.
----------
7. An Amendment To Be Offered by Representative Gallego of Arizona or
His Designee
Page 1232, after line 10, insert the following (and
redesignate the succeeding paragraphs accordingly):
(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.
Page 1243, after line 20, insert the following:
(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.
Page 1269, line 5, strike ``; and'' and insert a semicolon.
Page 1269, after line 7, insert the following:
(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
----------
8. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee
Page 1714, after line 2, insert the following new section:
SEC. 60016. LEAD ABATEMENT FOR FAMILIES.
(a) Identification of Lead Water Service Lines.--
(1) Review.--The Secretary of Housing and Urban
Development, in consultation with public housing
agencies, owners of other federally assisted housing,
and the Administrator of the Environmental Protection
Administration shall, not later than the expiration of
the 24-month period beginning upon the date of the
enactment of this Act, undertake and complete a review
of all public housing projects and all other federally
assisted housing projects to identify any such projects
for which the source of potable water is a lead-based
water service pipe or pipes.
(2) Report.--Upon completion of the review required
under paragraph (1), the Secretary shall submit a
report to the Congress setting forth the results of the
review and identifying any projects for which the
source of potable water is a lead-based water service
pipe or pipes.
(b) Grant Authority.--
(1) In general.--The Secretary may make grants to
public housing agencies and owners of other federally
assisted housing to cover the eligible costs of
removing and replacing lead-based water service pipes
for housing projects identified pursuant to the review
under subsection (a).
(2) Eligible costs.--Amounts from a grant under this
subsection may be used only for costs of removing and
replacing a lead-based water service pipe for a housing
project.
(3) Assurances.--The Secretary shall require each
public housing agency and owner of other federally
assisted housing receiving a grant under this
subsection for a housing project to make such
assurances and enter into such agreements as the
Secretary considers necessary to ensure that--
(A) the lead-based water service pipes for
the project that will be removed and replaced
using such grant amounts are identified; and
(B) all work to remove and replace such pipes
is completed before the expiration of the 24-
month period beginning upon the initial
availability to the agency or owner of such
grant amounts.
(4) Limitation on amounts.--The amount of grant under
this subsection with respect to a housing project may
not exceed the estimate of the Secretary of the full
cost or removing and replacing the lead-based water
service pipes for the project identified pursuant to
paragraph (3)(A).
(c) Final Report.--Upon the expiration of the 6-year period
beginning on the date of the enactment of this Act, the
Secretary shall submit to the Congress a report identifying the
housing projects for which lead -based water service pipes were
removed and replaced using grants under subsection (b) and
analyzing the effectiveness of the program for such grants.
(d) Definitions.--For purposes of this sectionn, the
following definitions shall apply:
(1) Housing project.--The term ``housing project''
means a public housing project or a project that is
other federally assisted housing.
(2) Other federally assisted housing.--The term
``other federally assisted housing'' has the meaning
given the term ``federally assisted housing'' in
section 683 of the Housing and Community Development
Act of 1992 (42 U.S.C. 13641), except that such term
does not include any public housing project described
in paragraph (2)(A) of such section.
(3) Lead-based water service pipe.--The term ``lead-
based water service pipe'' means, with respect to a
housing project, a pipe or other conduit that--
(A) is used to supply potable water for the
housing project from outside the project; and
(B) does not satisfy the definition of
``lead-free'' established under section 1417 of
the Safe Drinking Water Act (42 U.S.C. 300g-6).
(4) Public housing.--The term ``public housing'' has
the meaning given such term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(5) Secretary.--The term ``Secretary'' means the
Secretary of Housing and Urban Development.
(e) Regulations.--The Secretary, after consultation with the
Administrator of the Environmental Protection Administration,
may issue any regulations necessary to carry out this section.
(f) Authorization of Appropriations.--There is authorized to
be appropriated for grants under subsection (b)--
(1) $90,000,000 for fiscal year 2021;
(2) $80,000,000 for fiscal year 2022; and
(3) $80,000,000 for fiscal year 2023.
----------
9. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee
At the end of division J, add the following:
SEC. 60015. COMPTROLLER GENERAL REPORT ON HIGH-SPEED INTERNET
CONNECTIVITY IN FEDERALLY-ASSISTED HOUSING.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on broadband
service in Federally-assisted housing.
(b) Contents.--The report required under subsection (a) shall
include--
(1) an analysis of Federally-assisted housing units
that have access to broadband service and the number of
such units that do not have access to broadband
service, disaggregated by State, county, and
congressional district, that includes geographic
information and any Federal agency responsible for such
units;
(2) an analysis of which such units are not currently
capable of supporting broadband service deployment and
would require retrofitting to support broadband service
deployment, disaggregated by State, county, and
congressional district, that includes geographic
information and any Federal agency responsible for such
units;
(3) an analysis of the estimated costs and timeframe
necessary for retrofitting buildings to achieve 100
percent access to broadband service;
(4) an analysis of the challenges to more widespread
deployment of broadband service, including the
comparative markets dynamics to expansion in rural
areas and low-income urban areas, and the challenges to
pursuing retrofits to achieve 100 percent access to
broadband service;
(5) descriptions of lessons learned from previous
retrofitting actions;
(6) an evaluation of the ConnectHome pilot program of
the Secretary of Housing and Urban Development; and
(7) recommendations for Congress for achieving 100
percent access to broadband service in Federally-
assisted housing.
(c) Definitions.--In this section:
(1) Broadband service.--The term ``broadband
service'' has the meaning given the term ``broadband
internet access service'' in section 8.1(b) of title
47, Code of Federal Regulations, or any successor
regulation.
(2) Federally-assisted housing.--In this section, the
term ``Federally-assisted housing'' means any single-
family or multifamily housing that is assisted under a
program administered by the Secretary of Housing and
Urban Development or the Secretary of Agriculture.
SEC. 60016. MASTER PLAN FOR BROADBAND CONNECTIVITY IN FEDERALLY-
ASSISTED HOUSING.
(a) In General.--The Secretary of Housing and Urban
Development, in consultation with other relevant heads of
Federal agencies, shall develop a master plan for achieving
retrofitting Federally-assisted housing to support broadband
service. The Secretary shall submit such plan to Congress not
later than 18 months after the date of the enactment of this
Act.
(b) Definitions.--In this section, the terms ``broadband
service'' and ``Federally-assisted housing'' have the meanings
given in section 60015.
----------
10. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee
Page 1714, after line 2, insert the following new section:
SEC. 60016. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.
(a) Repeal of Termination.--Title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended--
(1) by striking section 209 (42 U.S.C. 11319); and
(2) by redesignating sections 207 and 208 (42 U.S.C.
11317, 11318) as sections 208 and 209, respectively.
(b) Functions.--Section 203 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11313) is amended--
(1) in subsection (a)--
(A) in paragraph (12), by striking ``and'' at
the end;
(B) in paragraph (13), by striking the period
at the end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(14) rely on evidence-based practices;
``(15) identify and promote successful practices,
including the Housing First strategy and the permanent
supportive housing model; and
``(16) prioritize addressing disparities faced by
members of a population at higher risk of homelessness,
including by issuing reports and making recommendations
to agencies.''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and''
after the semicolon;
(B) in paragraph (2), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) make formal reports and recommendations to
Federal agencies, which shall include comments on how
proposed regulatory changes would impact persons
experiencing homelessness, housing instability, or who
are cost-burdened.''.
(c) Advisory Board.--
(1) In general.--Title II of the McKinney-Vento
Homeless Assistance Act is amended by inserting after
section 206 (42 U.S.C. 11316) the following new
section:
``SEC. 207. ADVISORY BOARD.
``(a) Establishment.--There is established an advisory board
for the Council.
``(b) Membership.--
``(1) Composition.--The advisory board shall be
composed of not less than 20 individuals, selected in
accordance with paragraph (3) from nominees proposed
pursuant to paragraph (2), as follows:
``(A) Not less than 10 members shall be
individuals who are homeless or experiencing
housing instability, or were so during the 5
calendar years preceding appointment to the
advisory board or who have been so in the last
5 calendar years.
``(B) Not less than 8 members shall be
individuals who are members of, or advocate on
behalf of, or both, a population at higher risk
of homelessness, including such transgender and
gender non-conforming persons, Asian, Black,
Latino, Native American, Native Hawaiian,
Pacific Islander, and other communities of
color, youth in or formerly in the foster care
system, and justice-system involved youth and
adults.
``(2) Nomination.--Nominees for members of the
advisory board shall be proposed by any grantee or
subgrantee under this Act.
``(3) Selection.--Advisory Board members shall be
selected as follows:
``(A) At least 5 members shall be selected by
the majority party members of the Committee on
Financial Services of the House of
Representatives and 5 members shall be selected
by the minority party members of such
committee.
``(B) At least 5 members shall be selected by
the majority party members of the Committee on
Banking, Housing, and Urban Affairs of the
Senate and 5 members shall be selected by the
minority party members of such committee.
``(4) Terms.--Members of the advisory board shall
serve terms of 2 years.
``(c) Functions.--The advisory board shall review the work of
the Council, make recommendations regarding how the Council can
most effectively pursue the goal of ending homelessness, and
raise specific points of concern with members of the Council
who represent Federal agencies.
``(d) Meetings.--The advisory board shall meet not less often
than twice each year.
``(e) Council Meetings.--The Council shall meet regularly and
not less often than once a year with the advisory board and
shall provide timely written responses to recommendations,
proposals, and concerns issued by the advisory board.
``(f) Chairman.--The position of Chairman of the advisory
board shall be filled by an individual who is a current or
former member of the advisory board, is nominated by at least
two members of the advisory board, and is confirmed by a vote
of not less than 75 percent of the members of the advisory
board.
``(g) Compensation.--Any amounts made available for
administrative costs of the Council may be used for costs of
travel or online access to meetings for participation by
members of the advisory board in board meetings, and for per
diem compensation to advisory board members for board meetings.
``(h) Rule of Construction.--The agencies implementing this
Act shall construe this Act in a manner that facilitates and
encourage the full participation of advisory board members and
shall consider the barriers faced by persons experiencing
homelessness and shall endeavor to overcome such barriers to
participation.''.
(2) Representation of chairman on council.--Section
202(a) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11312(a)) is amended--
(A) by redesignating paragraph (22) as
paragraph (21); and
(B) by adding at the end the following new
paragraph:
``(22) The chairman of the advisory board established
by section 207.''.
(d) Director.-- Subsection (a) of section 204 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11314(a)) is
amended--
(1) by striking ``(a) Director.--The Council shall
appoint an Executive Director, who shall be'' and
inserting the following:
``(a) Director.--
``(1) In general.--The chief executive officer of the
Council shall be the Executive Director, who shall be
appointed in accordance with paragraph (2) and''; and
(2) by adding at the end the following new paragraph:
``(1) Process for appointment.--A vacancy in the
position of Executive Director shall be filled by an
individual nominated and appointed to such position by
the Council, except that the Council may not appoint
any nominee who is not confirmed by approval of 75
percent of the aggregate of all members of the Council
and the advisory board under section 207 pursuant to an
election in which each such member's vote is given
identical weight. If the Council is unable to agree on
an Executive Director, the chairperson of the advisory
council shall act as interim Executive Director.''.
(e) Definitions.--Section 207 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11317) is amended by adding at the
end the following new paragraphs:
``(3) The term `Housing First' means, with respect to
addressing homelessness, an approach to quickly and
successfully connect individuals and families
experiencing homelessness to permanent and affordable
housing opportunities and appropriate services without
preconditions and low or no barriers to entry,
including barriers relating to sobriety, treatment,
work requirements, and service participation
requirements.
``(4) The term `permanent supportive housing' means
housing that provides--
``(A) indefinite leasing or rental
assistance; and
``(B) non-mandatory, culturally competent
supportive services to assist persons to
achieve housing stability and maintain their
health and well-being.
``(5)(A) The term `population at higher risk of
homelessness' means a group of persons that is defined
by a common characteristic and that has been found to
experience homelessness, housing instability, or to be
cost-burdened at a rate higher than that of the general
public.
``(B) Information that may be used in demonstrating
such a higher rate includes data generated by the
Federal Government, by State or municipal governments,
by peer-reviewed research, and by organizations having
expertise in working with or advocating on behalf of
homeless, housing unstable, or cost-burdened groups.
``(C) Such term shall include populations for which
such higher rate has already been demonstrated,
including Asian, Black, Latino, Native American, Native
Hawaiian, Pacific Islander and other communities of
color; persons with disabilities, including mental
health disabilities, elderly persons, foster and former
foster youth; LGBTQ persons, gender non-binary and
gender non-conforming persons, justice system-involved
persons, and veterans.''.
(f) Conforming Amendment.--The table of contents in section
101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 note) is amended by striking the items relating to
sections 209 and 210 and inserting the following:
``Sec. 209. Encouragement of State involvement.''.
____________________________________________________
11. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee
Page 1714, after line 2, insert the following new section:
SEC. 60016. GAO STUDY OF HOUSING NEEDS OF POPULATIONS AT HIGHER RISK OF
HOMELESSNESS.
(a) In General.--No later than the expiration of the 1-year
period beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall identify and
analyze the housing infrastructure needs of populations at
higher risk of homelessness, and shall submit a report to the
Congress recommending regulatory, policy, and practice changes
that would ensure that Federal agencies better reduce and
prevent homelessness and housing instability faced by
populations at higher risk of homelessness.
(b) Population at Higher Risk of Homelessness.--
(1) In general.--For purposes of this section, the
term ``population at higher risk of homelessness''
means a group of persons that is defined by a common
characteristic and that has been found to experience
homelessness, housing instability, or to be cost-
burdened at a rate higher than that of the general
public.
(2) Higher rate.--Information that may be used in
demonstrating such a higher rate includes data
generated by the Federal Government, by State or
municipal governments, by peer-reviewed research, and
by organizations having expertise in working with or
advocating on behalf of homeless, housing unstable, or
cost-burdened groups.
(3) Included populations.--Such term shall include
populations for which such higher rate has already been
demonstrated, including Asian, Black, Latino, Native
American, Native Hawaiian, Pacific Islander and other
communities of color; persons with disabilities,
including mental health disabilities, elderly persons,
foster and former foster youth; LGBTQ persons, gender
non-binary and gender non-conforming persons, justice
system-involved persons, survivors of domestic
violence, sexual assault, and other intimate partner
violence, and veterans.
----------
12. An Amendment To Be Offered by Representative Lowenthal of
California or His Designee
Page 1677, after line 16, insert the following:
Subtitle E--Other Matters
SEC. 33501. WATER REUSE INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), shall establish a Water Reuse Interagency
Working Group (referred to in this section as the ``Working
Group'').
(b) Purpose.--The purpose of the Working Group is to develop
and coordinate actions, tools, and resources to advance water
reuse across the United States, including through the
implementation of a National Water Reuse Action Plan that
creates opportunities for water reuse in the mission areas of
each of the Federal agencies included in the Working Group
under subsection (c) (referred to in this section as the
``Action Plan'').
(c) Chairperson; Membership.--The Working Group shall be--
(1) chaired by the Administrator; and
(2) comprised of senior representatives from such
Federal agencies as the Administrator determines to be
appropriate.
(d) Duties of the Working Group.--In carrying out this
section, the Working Group shall--
(1) with respect to water reuse, leverage the
expertise of industry, the research community,
nongovernmental organizations, and government;
(2) seek to foster water reuse as an important
component of integrated water resources management;
(3) conduct an assessment of new opportunities to
advance water reuse and annually update the Action Plan
with new actions, as necessary, to pursue those
opportunities;
(4) seek to coordinate Federal programs and policies
to support the adoption of water reuse;
(5) consider how each Federal agency can explore and
identify opportunities to support water reuse through
the programs and activities of that Federal agency; and
(6) consult, on a regular basis, with representatives
of relevant industries, the research community, and
nongovernmental organizations.
(e) Report.--Not less frequently than once every 2 years, the
Administrator shall submit to Congress a report on the
activities and findings of the Working Group.
(f) Sunset.--
(1) In general.--Subject to paragraph (2), the
Working Group shall terminate on the date that is 6
years after the date of enactment of this Act.
(2) Extension.--The Administrator may extend the date
of termination of the Working Group under paragraph
(1).
----------
13. An Amendment To Be Offered by Representative McCollum of Minnesota
or Her Designee
Page 1714, after line 2, insert the following:
SEC. 60016. BUY AMERICA REQUIREMENTS FOR COMMUNITY DEVELOPMENT BLOCK
GRANT ACTIVITIES.
Title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.) is amended by adding at the end the
following:
``SEC. 5323. BUY AMERICA.
``(a) In General.--Notwithstanding any other provision of
law, the Secretary shall not obligate any funds authorized to
be appropriated for any project authorized under this title and
administered by the Secretary, unless steel, iron, manufactured
products, and construction materials used in such project are
produced in the United States.
``(b) Inapplicability.--Subsection (a) shall not apply to the
development of any housing, including single-family and
multifamily housing.
``(c) Waiver.--The Secretary may waive the requirements of
subsection (a) if the Secretary finds---
``(1) that such requirements would be inconsistent
with the public interest;
``(2) that products described in subsection (a) are
not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory
quality; or
``(3) that inclusion of domestic material will
increase the cost of the overall project by more than
25 percent.
``(d) Notice.--Not later than 15 days before making a
determination regarding a waiver described in subsection (b),
the Secretary shall provide notification and an opportunity for
public comment on the request for such waiver.
``(e) International Agreements.--This section shall be
applied in a manner consistent with the obligations of the
United States under international agreements.''.
----------
14. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee
AMENDMENT TO RULES COMMITTEE PRINT 116-54
Offered By Mr. Neguse of Colorado
Page 1691, after line 20, insert the following:
SEC. 40002. REPORTING REQUIREMENTS RELATING TO FEDERAL RESEARCH
INFRASTRUCTURE.
(a) In General.--Section 1007(c)(1) of the America 4 COMPETES
Act (42 U.S.C. 6619(c)(1)) is amended by 5 inserting ``and
funding for research infrastructure'' after 6 ``research
infrastructure''.
(b) GAO Report.--Not later than 1 year after the 8 date of
enactment of this Act and every 3 years thereafter, 9 the
Comptroller General of the United States shall submit 10 to
Congress a report that includes--
(1) an assessment of the current state of Federal
science facilities and related infrastructure,
including with respect to climate control systems, the
functionality of equipment and the usage of such
equipment, the quality of buildings in which such
facilities are housed (including the resiliency of such
buildings to changes in climate, weather, and natural
surroundings), and the safety of the materials 19 used
in construction of facilities;
(2) an identification of the facilities in most
critical need of repair or renovation;
(3) the estimated costs of completing such repairs or
renovations; and
(4) an evaluation of whether facility occupancy 6 is
sufficient to meet agency demands.
----------
15. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee
Page 1692, line 14, insert ``and $50,000,000 shall be for
updating postal facilities to increase accessibility for
disabled individuals, with a focus on such facilities that are
included in the National Register of Historic Places'' after
``vehicles''.
----------
16. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee
Page 1714, after line 2, insert the following new section:
SEC. 60016. REPEAL OF FAIRCLOTH AMENDMENT.
Section 9(g) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)) is amended by striking paragraph (3) (relating
to limitation on new construction).
----------
17. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee
Page 1241, after line 18, insert the following new section:
SEC. 31107. STUDY AND RECOMMENDATIONS TO CONNECT SOCIALLY DISADVANTAGED
INDIVIDUALS.
(a) In General.--Not later than 12 months after the date of
the enactment of this act, the Office of Internet Connectivity
and Growth, in consultation with the Commission and the Rural
Utility Service of the Department of Agriculture, shall, after
public notice and an opportunity for comment, conduct a study
to assess the extent to which Federal funds for broadband
internet access services, including the Universal Service Fund
programs and other Federal broadband service support programs,
have expanded access to and adoption of broadband internet
access service by socially disadvantaged individuals as
compared to individuals who are not socially disadvantaged
individuals.
(b) Report and Publication.--
(1) Submission.--Not later than 18 months after the
date of the enactment of this Act, the Office of
Internet Connectivity and Growth shall submit a report
on the results of the study under subsection (a) to--
(A) the Committee on Energy & Commerce in the
House of Representatives;
(B) the Committee on Commerce, Science and
Transportation of the Senate; and
(C) each agency administering a program
evaluated by such report.
(2) Public publication.--Contemporaneously with
submitting the report required by paragraph (1), the
Office of Internet Connectivity and Growth shall
publish such report on the public facing website of--
(A) the National Telecommunications and
Information Administration;
(B) the Commission; and
(C) the Rural Utility Service of the
Department of Agriculture.
(3) Recommendations.--The report required by
paragraph (1) shall include recommendations with regard
who to how Federal funds for the Universal Service Fund
programs and Federal broadband service support programs
may be dispersed in an a manner that better expands
access to and adoption of broadband internet access
service by socially disadvantaged individuals as
compared to individuals who are not socially
disadvantaged individuals.
(c) Socially Disadvantaged Individual.--In this section, the
term ``socially disadvantaged individual'' has the meaning
given that term in section 8 of the Small Business Act (15
U.S.C. 637).
----------
18. An Amendment To Be Offered by Representative Pressley of
Massachusetts or Her Designee
Page 1714, after line 2, insert the following new section:
SEC. 60016. STUDY OF EFFECTS OF CRIMINAL HISTORY ON ACCESS TO HOUSING.
Not later than the expiration of the 2-year period beginning
on the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall--
(1) conduct and complete a study on the effects of
criminal history or involvement with the criminal legal
system on access to private and assisted housing,
taking into consideration demographic information, type
of housing, socio-economic status, geography, nature of
the offense, and other relevant factors allowing
greater understanding of the impact of criminal history
on access to housing; and
(2) submit to the Congress a report setting forth the
findings of the study, which shall be disaggregated
according to the factors considered pursuant to
paragraph (1).
----------
19. An Amendment To Be Offered by Representative Ruiz of California or
His Designee
Page 1973, after line 2, insert the following:
Subtitle E--Tribal Land To Trust
SECTION 82501. LANDS TO BE TAKEN INTO TRUST.
(a) In General.--The approximately 2,560 acres of land owned
by the Agua Caliente Band of Cahuilla Indians, numbered 16, 21,
27, and 29 and generally depicted as ``BLM Exchange Lands
(2,560 Acres)'' on the map titled ``ACBCI/BLM LAND EXCHANGE''
is hereby taken into trust for the benefit of the Agua Caliente
Band of Cahuilla Indians.
(b) Lands Part of Reservation.--Lands taken into trust by
this section shall be part of the Tribe's reservation and shall
be administered in accordance with the laws and regulations
generally applicable to property held in trust by the United
States for an Indian tribe.
(c) Gaming Prohibited.--Lands taken into trust by this
section for the benefit of the Agua Caliente Band of Cahuilla
Indians shall not be eligible for gaming under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
----------
20. An Amendment To Be Offered by Representative Ruiz of California or
His Designee
Page 1352, after line 22, insert the following:
SEC. 31302. UNIVERSAL SERVICE IN INDIAN COUNTRY AND AREAS WITH HIGH
POPULATIONS OF INDIAN PEOPLE.
Section 254(b)(3) of the Communications Act of 1934 (47
U.S.C. 254(b)(3)) is amended by inserting ``and in Indian
country (as defined in section 1151 of title 18, United States
Code) and areas with high populations of Indian (as defined in
section 19 of the Act of June 18, 1934 (Chapter 576; 48 Stat.
988; 25 U.S.C. 5129)) people'' after ``high cost areas''.
----------
21. An Amendment To Be Offered by Representative Rush of Illinois or
His Designee
At the end of title III of division G, add the following new
subtitle:
Subtitle E--Energy Workforce Development
CHAPTER 1--OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT
SEC. 33501. NAME OF OFFICE.
(a) In General.--Section 211 of the Department of Energy
Organization Act (42 U.S.C. 7141) is amended--
(1) in the section heading, by striking ``minority
economic impact'' and inserting ``economic impact,
diversity, and employment''; and
(2) in subsection (a), by striking ``Office of
Minority Economic Impact'' and inserting ``Office of
Economic Impact, Diversity, and Employment''.
(b) Conforming Amendment.--The table of contents for the
Department of Energy Organization Act is amended by amending
the item relating to section 211 to read as follows:
``Sec. 211. Office of Economic Impact, Diversity, and Employment.''.
SEC. 33502. ENERGY WORKFORCE DEVELOPMENT PROGRAMS.
Section 211 of the Department of Energy Organization Act (42
U.S.C. 7141) is amended--
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) The Secretary, acting through the Director, shall
establish and carry out the programs described in sections
33511 and 33512 of the Moving Forward Act.''.
SEC. 33503. AUTHORIZATION.
Subsection (h) of section 211 of the Department of Energy
Organization Act (42 U.S.C. 7141), as redesignated by section
33502 of this Act, is amended by striking ``not to exceed
$3,000,000 for fiscal year 1979, not to exceed $5,000,000 for
fiscal year 1980, and not to exceed $6,000,000 for fiscal year
1981. Of the amounts so appropriated each fiscal year, not less
than 50 percent shall be available for purposes of financial
assistance under subsection (e).'' and inserting ``$100,000,000
for each of fiscal years 2020 through 2024.''.
CHAPTER 2--ENERGY WORKFORCE DEVELOPMENT
SEC. 33511. ENERGY WORKFORCE DEVELOPMENT.
(a) In General.--Subject to the availability of
appropriations, the Secretary, acting through the Director of
the Office of Economic Impact, Diversity, and Employment, shall
establish and carry out a comprehensive, nationwide program to
improve education and training for jobs in energy-related
industries, including manufacturing, engineering, construction,
and retrofitting jobs in such energy-related industries, in
order to increase the number of skilled workers trained to work
in such energy-related industries, including by--
(1) encouraging underrepresented groups, including
religious and ethnic minorities, women, veterans,
individuals with disabilities, unemployed energy
workers, and socioeconomically disadvantaged
individuals to enter into the science, technology,
engineering, and mathematics (in this section referred
to as ``STEM'') fields;
(2) encouraging the Nation's educational institutions
to equip students with the skills, mentorships,
training, and technical expertise necessary to fill the
employment opportunities vital to managing and
operating the Nation's energy-related industries;
(3) providing students and other candidates for
employment with the necessary skills and certifications
for skilled, semiskilled, and highly skilled jobs in
such energy-related industries;
(4) strengthening and more fully engaging Department
of Energy programs and laboratories in carrying out the
Department's Minorities in Energy Initiative; and
(5) to the greatest extent possible, collaborating
with and supporting existing State workforce
development programs to maximize program efficiency.
(b) Priority.--In carrying out the program established under
subsection (a), the Secretary shall prioritize the education
and training of underrepresented groups for jobs in energy-
related industries.
(c) Direct Assistance.--In carrying out the program
established under subsection (a), the Secretary shall provide
direct assistance (including financial assistance awards,
technical expertise, and internships) to educational
institutions, local workforce development boards, State
workforce development boards, nonprofit organizations, labor
organizations, and apprenticeship programs. The Secretary shall
distribute such direct assistance in a manner proportional to
the needs of, and demand for jobs in, energy-related
industries, consistent with information obtained under
subsections (e)(3) and (i).
(d) Clearinghouse.--In carrying out the program established
under subsection (a), the Secretary shall establish a
clearinghouse to--
(1) maintain and update information and resources on
training programs for jobs in energy-related
industries, including manufacturing, engineering,
construction, and retrofitting jobs in such energy-
related industries; and
(2) act as a resource for educational institutions,
local workforce development boards, State workforce
development boards, nonprofit organizations, labor
organizations, and apprenticeship programs that would
like to develop and implement training programs for
such jobs.
(e) Collaboration and Report.--In carrying out the program
established under subsection (a), the Secretary--
(1) shall collaborate with educational institutions,
local workforce development boards, State workforce
development boards, nonprofit organizations, labor
organizations, apprenticeship programs, and energy-
related industries;
(2) shall encourage and foster collaboration,
mentorships, and partnerships among industry, local
workforce development boards, State workforce
development boards, nonprofit organizations, labor
organizations, and apprenticeship programs that
currently provide effective training programs for jobs
in energy-related industries and educational
institutions that seek to establish these types of
programs in order to share best practices and
approaches that best suit local, State, and national
needs; and
(3) shall collaborate with the Bureau of Labor
Statistics, the Department of Commerce, the Bureau of
the Census, and energy-related industries to--
(A) develop a comprehensive and detailed
understanding of the workforce needs of such
energy-related industries, and job
opportunities in such energy-related
industries, by State and by region; and
(B) publish an annual report on job creation
in the energy-related industries described in
subsection (i)(2).
(f) Guidelines for Educational Institutions.--
(1) In general.--In carrying out the program
established under subsection (a), the Secretary, in
collaboration with the Secretary of Education, the
Secretary of Commerce, the Secretary of Labor, and the
National Science Foundation, shall develop voluntary
guidelines or best practices for educational
institutions to help provide graduates with the skills
necessary for jobs in energy-related industries,
including manufacturing, engineering, construction, and
retrofitting jobs in such energy-related industries.
(2) Input.--The Secretary shall solicit input from
energy-related industries in developing guidelines or
best practices under paragraph (1).
(3) Energy efficiency and conservation initiatives.--
The guidelines or best practices developed under
paragraph (1) shall include grade-specific guidelines
for teaching energy efficiency technology,
manufacturing efficiency technology, community energy
resiliency, and conservation initiatives to educate
students and families.
(4) STEM education.--The guidelines or best practices
developed under paragraph (1) shall promote STEM
education in educational institutions as it relates to
job opportunities in energy-related industries.
(g) Outreach to Minority-Serving Institutions.--In carrying
out the program established under subsection (a), the Secretary
shall--
(1) give special consideration to increasing outreach
to minority-serving institutions;
(2) make resources available to minority-serving
institutions with the objective of increasing the
number of skilled minorities and women trained for jobs
in energy-related industries, including manufacturing,
engineering, construction, and retrofitting jobs in
such energy-related industries;
(3) encourage energy-related industries to improve
the opportunities for students of minority-serving
institutions to participate in industry internships and
cooperative work-study programs; and
(4) partner with the Department of Energy
laboratories to increase underrepresented groups'
participation in internships, fellowships,
traineeships, and employment at all Department of
Energy laboratories.
(h) Outreach to Displaced and Unemployed Energy Workers.--In
carrying out the program established under subsection (a), the
Secretary shall--
(1) give special consideration to increasing outreach
to employers and job trainers preparing displaced and
unemployed energy workers for emerging jobs in energy-
related industries, including manufacturing,
engineering, construction, and retrofitting jobs in
such energy-related industries;
(2) make resources available to institutions serving
displaced and unemployed energy workers with the
objective of increasing the number of individuals
trained for jobs in energy-related industries,
including manufacturing, engineering, construction, and
retrofitting jobs in such energy-related industries;
and
(3) encourage energy-related industries to improve
opportunities for displaced and unemployed energy
workers to participate in industry internships and
cooperative work-study programs.
(i) Guidelines To Develop Skills for an Energy Industry
Workforce.--In carrying out the program established under
subsection (a), the Secretary shall, in collaboration with
energy-related industries--
(1) identify the areas with the greatest demand for
workers in each such industry; and
(2) develop guidelines for the skills necessary for
work in the following energy-related industries:
(A) Energy efficiency industry, including
work in energy efficiency, conservation,
weatherization, retrofitting, or as inspectors
or auditors.
(B) Renewable energy industry, including work
in the development, engineering, manufacturing,
and production of renewable energy from
renewable energy sources (such as solar,
hydropower, wind, or geothermal energy).
(C) Community energy resiliency industry,
including work in the installation of rooftop
solar, in battery storage, and in microgrid
technologies.
(D) Fuel cell and hydrogen energy industry.
(E) Manufacturing industry, including work as
operations technicians, in operations and
design in additive manufacturing, 3-D printing,
and advanced composites and advanced aluminum
and other metal alloys, industrial energy
efficiency management systems, including power
electronics, and other innovative technologies.
(F) Chemical manufacturing industry,
including work in construction (such as
welders, pipefitters, and tool and die makers)
or as instrument and electrical technicians,
machinists, chemical process operators,
engineers, quality and safety professionals,
and reliability engineers.
(G) Utility industry, including work in the
generation, transmission, and distribution of
electricity and natural gas, such as utility
technicians, operators, lineworkers, engineers,
scientists, and information technology
specialists.
(H) Alternative fuels industry, including
work in biofuel development and production.
(I) Pipeline industry, including work in
pipeline construction and maintenance or work
as engineers or technical advisors.
(J) Nuclear industry, including work as
scientists, engineers, technicians,
mathematicians, or security personnel.
(K) Oil and gas industry, including work as
scientists, engineers, technicians,
mathematicians, petrochemical engineers, or
geologists.
(L) Coal industry, including work as coal
miners, engineers, developers and manufacturers
of state-of-the-art coal facilities, technology
vendors, coal transportation workers and
operators, or mining equipment vendors.
(j) Enrollment in Training and Apprenticeship Programs.--In
carrying out the program established under subsection (a), the
Secretary shall work with industry, local workforce development
boards, State workforce development boards, nonprofit
organizations, labor organizations, and apprenticeship programs
to help identify students and other candidates, including from
underrepresented communities such as minorities, women, and
veterans, to enroll into training and apprenticeship programs
for jobs in energy-related industries.
(k) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $20,000,000 for each
of fiscal years 2020 through 2024.
SEC. 33512. ENERGY WORKFORCE GRANT PROGRAM.
(a) Program.--
(1) Establishment.--Subject to the availability of
appropriations, the Secretary, acting through the
Director of the Office of Economic Impact, Diversity,
and Employment, shall establish and carry out a program
to provide grants to eligible businesses to pay the
wages of new and existing employees during the time
period that such employees are receiving training to
work in the renewable energy sector, energy efficiency
sector, or grid modernization sector.
(2) Guidelines.--Not later than 60 days after the
date of enactment of this Act, the Secretary, in
consultation with stakeholders, contractors, and
organizations that work to advance existing residential
energy efficiency, shall establish guidelines to
identify training that is eligible for purposes of the
program established pursuant to paragraph (1).
(b) Eligibility.--To be eligible to receive a grant under the
program established under subsection (a) or a business or labor
management organization that is directly involved with energy
efficiency or renewable energy technology, or working on behalf
of any such business, shall provide services related to--
(1) renewable electric energy generation, including
solar, wind, geothermal, hydropower, and other
renewable electric energy generation technologies;
(2) energy efficiency, including energy-efficient
lighting, heating, ventilation, and air conditioning,
air source heat pumps, advanced building materials,
insulation and air sealing, and other high-efficiency
products and services, including auditing and
inspection;
(3) grid modernization or energy storage, including
smart grid, microgrid and other distributed energy
solutions, demand response management, and home energy
management technology; or
(4) fuel cell and hybrid fuel cell generation.
(c) Use of Grants.--An eligible business with--
(1) 20 or fewer employees may use a grant provided
under the program established under subsection (a) to
pay up to--
(A) 45 percent of an employee's wages for the
duration of the training, if the training is
provided by the eligible business; and
(B) 90 percent of an employee's wages for the
duration of the training, if the training is
provided by an entity other than the eligible
business;
(2) 21 to 99 employees may use a grant provided under
the program established under subsection (a) to pay up
to--
(A) 37.5 percent of an employee's wages for
the duration of the training, if the training
is provided by the eligible business; and
(B) 75 percent of an employee's wages for the
duration of the training, if the training is
provided by an entity other than the eligible
business; and
(3) 100 employees or more may use a grant provided
under the program established under subsection (a) to
pay up to--
(A) 25 percent of an employee's wages for the
duration of the training, if the training is
provided by the eligible business; and
(B) 50 percent of an employee's wages for the
duration of the training, if the training is
provided by an entity other than the eligible
business.
(d) Priority for Targeted Communities.--In providing grants
under the program established under subsection (a), the
Secretary shall give priority to eligible businesses that--
(1) recruit employees--
(A) from the communities that the businesses
serve; and
(B) that are minorities, women, persons who
are or were foster children, persons who are
transitioning from fossil energy sector jobs,
or veterans; and
(2) provide trainees with the opportunity to obtain
real-world experience.
(e) Limit.--An eligible business may not receive more than
$100,000 under the program established under subsection (a) per
fiscal year.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $70,000,000 for each
of fiscal years 2020 through 2024.
SEC. 33513. DEFINITIONS.
In this subtitle:
(1) Apprenticeship.--The term ``apprenticeship''
means an apprenticeship registered under the Act of
August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.).
(2) Educational institution.--The term ``educational
institution'' means an elementary school, secondary
school, or institution of higher education.
(3) Elementary school and secondary school.--The
terms ``elementary school'' and ``secondary school''
have the meanings given such terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(4) Energy-related industry.--The term ``energy-
related industry'' includes each of the energy
efficiency, renewable energy, chemical manufacturing,
utility, alternative fuels, pipeline, nuclear energy,
oil, gas, and coal industries.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning
given such term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(6) Labor organization.--The term ``labor
organization'' has the meaning given such term in
section 2 of the National Labor Relations Act (29
U.S.C. 152).
(7) Local workforce development board.--The term
``local workforce development board'' means a local
board, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(8) Minority-serving institution.--The term
``minority-serving institution'' means an institution
of higher education that is of one of the following:
(A) Hispanic-serving institution (as defined
in section 502(a)(5) of the Higher Education
Act of 1965 (20 U.S.C. 1101a(a)(5))).
(B) Tribal College or University (as defined
in section 316(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059c(b))).
(C) Alaska Native-serving institution (as
defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b))).
(D) Native Hawaiian-serving institution (as
defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b))).
(E) Predominantly Black Institution (as
defined in section 318(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059e(b))).
(F) Native American-serving nontribal
institution (as defined in section 319(b) of
the Higher Education Act of 1965 (20 U.S.C.
1059f(b))).
(G) Asian American and Native American
Pacific Islander-serving institution (as
defined in section 320(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059g(b))).
(9) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(10) State workforce development board.--The term
``State workforce development board'' means a State
board, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
----------
22. An Amendment To Be Offered by Representative Soto of Florida or His
Designee
Page 2107, after line 25, insert the following:
Subtitle G.--Sinkhole Hazard Identification
SEC. 84701. SINKHOLE HAZARD IDENTIFICATION.
(a) Program.--The Director of the United States Geological
Survey shall establish a program to--
(1) study the short-term and long-term mechanisms
that cause sinkholes, including extreme storm events,
prolonged droughts causing shifts in water management
practices, aquifer depletion, and other major changes
in water use; and
(2) develop maps that depict zones that are at
greater risk of sinkhole formation.
(b) Review of Maps.--Once during each 5-year period, or more
often as the Director of the United States Geological Survey
determines is necessary, the Director shall assess the need to
revise and update the maps developed under this section.
(c) Website.--The Director of the United States Geological
Survey shall establish and maintain a public website that
displays the maps developed under this section and other
relevant information critical for use by community planners and
emergency managers.
----------
23. An Amendment To Be Offered by Representative Speier of California
or Her Designee
Page 1303, line 14, strike ``; or'' and insert a semicolon.
Page 1303, line 22, strike the period at the end and insert
``; or''.
Page 1303, after line 22, insert the following:
(D) at least one member of the household has
received a Federal Pell Grant under section 401
of the Higher Education Act of 1965 (20 U.S.C.
1070a) in the most recent academic year.
----------
24. An Amendment To Be Offered by Representative Torres of California
or Her Designee
In division H, add at the end the following:
SEC. 40002. AMERICAN INFRASTRUCTURE OPPORTUNITY BONDS.
Chapter 31 of title 31, United States Code, is amended--
(1) by adding at the end the following new
subchapter:
``SUBCHAPTER III--AMERICAN INFRASTRUCTURE OPPORTUNITY BONDS
``Sec. 3131. Issuance of American Infrastructure Opportunity Bonds and
use of proceeds
``(a) Issuance of Bonds.--If the Secretary of the Treasury
determines that the real rate is equal to zero percent or less,
the Secretary shall--
``(1) issue Government bonds with a face value of
$20,000,000,000; and
``(2) deposit amounts equivalent to the proceeds from
such issuance into the Highway Trust Fund, of which 20
percent shall be deposited into the Mass Transit
Account established under section 9503(e) of the
Internal Revenue Code of 1986.
``(b) Definitions.--For purposes of this section:
``(1) Federal interest rate.--The term `Federal
interest rate' means the current market yields on
outstanding marketable obligations of the United States
with remaining periods to maturity of approximately 1
year, as determined by the Secretary of the Treasury.
``(2) Inflation rate.--The term `inflation rate'
means the change in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor with respect to
the previous calendar month.
``(3) Real rate.--The term `real rate' means--
``(A) the Federal interest rate, minus
``(B) the inflation rate.''; and
(2) in the analysis for such chapter, by adding at
the end the following:
``SUBCHAPTER III--AMERICAN INFRASTRUCTURE OPPORTUNITY BONDS
``3131. Issuance of American Infrastructure Opportunity Bonds and use
of proceeds.''.
__________
25. An Amendment To Be Offered by Representative Velazquez of New York
or Her Designee
Page 1698, lines 12 and 13, strike ``35 percent and not more
than 75'' and insert ``50''.
Page 1698, strike ``including'' in line 18 and all that
follows through line 21, and insert the following: ``which
shall not exclude public housing agencies working in good faith
to resolve urgent health and safety concerns based on written
notification of violations from the Department of Environmental
Protection, Department of Justice, or Department of Housing and
Urban Development.''.
PART G--TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. An Amendment To Be Offered by Representative Bost of Illinois or His
Designee
Page 210, strike lines 13 through page 213, line 5 and insert
the following:
``(3) Eligible projects.--
``(A) In general.--Except as provided in
subparagraph (B), funds set aside under this
subsection may be obligated for any of the
following projects or activities:
``(i) Construction, planning, and
design of on-road and off-road trail
facilities for pedestrians, bicyclists,
and other nonmotorized forms of
transportation, including sidewalks,
bicycle infrastructure, pedestrian and
bicycle signals, traffic calming
techniques, lighting and other safety-
related infrastructure, and
transportation projects to achieve
compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
``(ii) Construction, planning, and
design of infrastructure-related
projects and systems that will provide
safe routes for nondrivers, including
children, older adults, and individuals
with disabilities to access daily
needs.
``(iii) Conversion and use of
abandoned railroad corridors for trails
for pedestrians, bicyclists, or other
nonmotorized transportation users.
``(iv) Construction of turnouts,
overlooks, and viewing areas.
``(v) Community improvement
activities, including--
``(I) inventory, control, or
removal of outdoor advertising;
``(II) historic preservation
and rehabilitation of historic
transportation facilities;
``(III) vegetation management
practices in transportation
rights-of-way to improve
roadway safety, prevent against
invasive species, and provide
erosion control; and
``(IV) archaeological
activities relating to impacts
from implementation of a
transportation project eligible
under this title.
``(vi) Any environmental mitigation
activity, including pollution
prevention and pollution abatement
activities and mitigation to address
stormwater management, control, and
water pollution prevention or abatement
related to highway construction or due
to highway runoff, including activities
described in sections 328(a) and 329.
``(vii) Projects and strategies to
reduce vehicle-caused wildlife
mortality related to, or to restore and
maintain connectivity among terrestrial
or aquatic habitats affected by, a
transportation facility otherwise
eligible for assistance under this
subsection.
``(viii) The recreational trails
program under section 206.
``(ix) The safe routes to school
program under section 211.
``(x) Activities in furtherance of a
vulnerable road user assessment
described in section 148.
``(xi) Any other projects or
activities described in section
101(a)(29) or section 213, as such
sections were in effect on the day
before the date of enactment of the
FAST Act (Public Law 114-94).
``(B) Prohibition against eminent domain.--
``(i) In general.--Funds set aside
under this subsection may not be
obligated for any project or activity
that includes the exercise of eminent
domain authority to carry out such
project or activity.
``(ii) Exception .--Notwithstanding
clause (i), funds reserved under this
subsection may be obligated for a
project or activity that includes the
exercise of eminent domain authority if
such project or activity is--
``(I) described in section
101(a)(29)(B), as in effect on
the day before the date of
enactment of the FAST Act
(Public Law 114-94);
``(II) an acquisition
necessary to achieve compliance
with the Americans with
Disabilities Act of 1990 (42
U.S.C. 12101 et seq); or
``(III) described in the safe
routes to school program under
section 211.''.
----------
2. An Amendment To Be Offered by Representative Crawford of Arkansas or
His Designee
Page 981, strike lines 8 through 11.
Page 981, line 12, strike ``(j)'' and insert ``(i)''.
Page 982, line 21, strike ``(k)'' and insert ``(j)''.
----------
3. An Amendment To Be Offered by Representative Fulcher of Idaho or His
Designee
Page 1920, after line 19, insert the following:
SEC. 81324. AQUIFER RECHARGE FLEXIBILITY.
(a) Short Title.--This section may be cited as the ``Aquifer
Recharge Flexibility Act''.
(b) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Commissioner.--The term ``Commissioner'' means
the Commissioner of Reclamation.
(3) Eligible land.--The term ``eligible land'', with
respect to a Reclamation project, means land that--
(A) is authorized to receive water under
State law; and
(B) shares an aquifer with land located in
the service area of the Reclamation project.
(4) Net water storage benefit.--The term ``net water
storage benefit'' means an increase in the volume of
water that is--
(A) stored in 1 or more aquifers; and
(B)(i) available for use within the
authorized service area of a Reclamation
project; or
(ii) stored on a long-term basis to avoid or
reduce groundwater overdraft.
(5) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that
are owned by the Bureau at a Reclamation project.
(6) Reclamation project.--The term ``Reclamation
project'' means any reclamation or irrigation project,
including incidental features thereof, authorized by
Federal reclamation law or the Act of August 11, 1939
(commonly known as the ``Water Conservation and
Utilization Act'') (53 Stat. 1418, chapter 717; 16
U.S.C. 590y et seq.), or constructed by the United
States pursuant to such law, or in connection with
which there is a repayment or water service contract
executed by the United States pursuant to such law, or
any project constructed by the Secretary through the
Bureau for the reclamation of land.
(7) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(c) Flexibility To Allow Greater Aquifer Recharge in Western
States.--
(1) Use of reclamation facilities.--
(A) In general.--The Commissioner may allow
the use of excess capacity in Reclamation
facilities for aquifer recharge of non-
Reclamation project water, subject to
applicable rates, charges, and public
participation requirements, on the condition
that--
(i) the use--
(I) shall not be implemented
in a manner that is detrimental
to--
(aa) any power
service or water
contract for the
Reclamation project; or
(bb) any obligations
for fish, wildlife, or
water quality
protection applicable
to the Reclamation
project;
(II) shall be consistent with
water quality guidelines for
the Reclamation project;
(III) shall comply with all
applicable--
(aa) Federal laws;
and
(bb) policies of the
Bureau; and
(IV) shall comply with all
applicable State laws and
policies; and
(ii) the non-Federal party to an
existing contract for water or water
capacity in a Reclamation facility
consents to the use of the Reclamation
facility under this subsection.
(B) Effect on existing contracts.--Nothing in
this subsection affects a contract--
(i) in effect on the date of
enactment of this Act; and
(ii) under which the use of excess
capacity in a Bureau conveyance
facility for carriage of non-
Reclamation project water for aquifer
recharge is allowed.
(2) Aquifer recharge on eligible land.--
(A) In general.--Subject to subparagraphs (C)
and (D), the Secretary may contract with a
holder of a water service or repayment contract
for a Reclamation project to allow the
contractor, in accordance with applicable State
laws and policies--
(i) to directly use water available
under the contract for aquifer recharge
on eligible land; or
(ii) to enter into an agreement with
an individual or entity to transfer
water available under the contract for
aquifer recharge on eligible land.
(B) Authorized project use.--The use of a
Reclamation facility for aquifer recharge under
subparagraph (A) shall be considered an
authorized use for the Reclamation project if
requested by a holder of a water service or
repayment contract for the Reclamation
facility.
(C) Modifications to contracts.--The
Secretary may contract with a holder of a water
service or repayment contract for a Reclamation
project under subparagraph (A) if the Secretary
determines that a new contract or contract
amendment described in that paragraph is--
(i) necessary to allow for the use of
water available under the contract for
aquifer recharge under this subsection;
(ii) in the best interest of the
Reclamation project and the United
States; and
(iii) approved by the contractor that
is responsible for repaying the cost of
construction, operations, and
maintenance of the facility that
delivers the water under the contract.
(D) Requirements.--The use of Reclamation
facilities for the use or transfer of water for
aquifer recharge under this subsection shall be
subject to the requirements that--
(i) the use or transfer shall not be
implemented in a manner that materially
impacts any power service or water
contract for the Reclamation project;
(ii) before the use or transfer, the
Secretary shall determine that the use
or transfer--
(I) results in a net water
storage benefit for the
Reclamation project; or
(II) contributes to the
recharge of an aquifer on
eligible land; and
(iii) the use or transfer complies
with all applicable--
(I) Federal laws and
policies; and
(II) interstate water
compacts.
(3) Conveyance for aquifer recharge purposes.--The
holder of a right-of-way, easement, permit, or other
authorization to transport water across public land
administered by the Bureau of Land Management may
transport water for aquifer recharge purposes without
requiring additional authorization from the Secretary
where the use does not expand or modify, other than the
timing of use, the operation of the right-of-way,
easement, permit, or other authorization across public
land.
(4) Effect.--Nothing in this section creates,
impairs, alters, or supersedes a Federal or State water
right.
(5) Exemption.--This Act shall not apply to the State
of California.
(6) State-led advisory group.--The Secretary may
participate in any State-led collaborative, multi-
stakeholder advisory group created in any watershed the
purpose of which is to monitor, review, and assess
aquifer recharge activities.
----------
4. An Amendment To Be Offered by Representative Graves of Louisiana or
His Designee
On page 1968, after line 16, insert the following:
(c) Preserving the Sustainability of the Funding Source.--The
Secretary shall not award grants to eligible entities for the
projects in subsection (a) until the Secretary certifies that
the actions in subsection (a) are more nationally significant
than the ecological restoration and sustainability of the
region (including adjacent coastal areas) responsible for
producing such revenue as defined by the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note).
----------
5. An Amendment To Be Offered by Representative Hice of Georgia or His
Designee
Page 1692, line 1, strike ``ZERO-EMISSION POSTAL FLEET AND''.
Page 1692, strike line 4 and all that follows through page
1694, line 23.
----------
6. An Amendment To Be Offered by Representative LaMalfa of California
or His Designee
Page 984, strike line 16 and all that follows through page
985, line 2 (and redesignate subsequent clauses accordingly).
----------
7. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee
Page 1137, after line 10, insert the following:
SEC. 22117. CERTIFICATION.
Section 401 of the Federal Water Pollution Control Act (33
U.S.C. 1341) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by inserting ``by the
applicant'' after ``any
discharge''; and
(II) by inserting ``as a
result of the federally
licensed or permitted
activity'' after ``into the
navigable waters'';
(ii) in the second sentence, by
striking ``activity'' and inserting
``discharge'';
(iii) in the third sentence, by
striking ``applications'' each place it
appears and inserting ``requests'';
(iv) in the fifth sentence, by
striking ``act on'' and inserting
``grant or deny''; and
(v) by inserting after the fourth
sentence the following: ``The
certifying State, interstate agency, or
Administrator shall publish the
requirements for certification that
meet the applicable provisions of
sections 301, 302, 303, 306, and 307.
The decision to grant or deny a request
shall be based only on the applicable
provisions of sections 301, 302, 303,
306, and 307 and the grounds for a
decision shall be set forth in writing
to the applicant.'';
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking ``such a
discharge'' and inserting ``a
discharge made into the
navigable waters by the
applicant as described in
paragraph (1)'';
(II) by inserting ``receipt
of the'' before ``notice''; and
(III) by striking ``of
application for such Federal
license or permit'' and
inserting ``under the preceding
sentence'';
(ii) in the third sentence--
(I) by striking ``such
discharge'' and inserting ``any
discharge made into the
navigable waters by the
applicant as described in
paragraph (1)''; and
(II) by striking ``any water
quality requirement'' and
inserting ``the applicable
provisions of sections 301,
302, 303, 306, and 307'';
(iii) in the fifth sentence, by
striking ``insure compliance with
applicable water quality
requirements.'' and inserting ``ensure
any discharge into the navigable waters
by the applicant as described in
paragraph (1) will comply with the
applicable provisions of sections 301,
302, 303, 306, and 307.''; and
(iv) by striking the first sentence
and inserting ``Not later than 90 days
after receipt of a request for
certification, the certifying State,
interstate agency, or Administrator
shall identify in writing all specific
additional materials or information
that are necessary to make a final
decision on a request for
certification. On receipt of a request
for certification, the certifying State
or interstate agency, as applicable,
shall immediately notify the
Administrator of the request.'';
(C) in paragraph (3)--
(i) in the first sentence, by
striking ``there will be compliance''
and inserting ``a discharge made into
the navigable waters by the applicant
as described in paragraph (1) will
comply''; and
(ii) in the second sentence--
(I) by striking ``section''
and inserting ``the applicable
provisions of sections''; and
(II) by striking ``or 307 of
this Act'' and inserting ``and
307'';
(D) in paragraph (4)--
(i) in the first sentence, by
striking ``applicable effluent
limitations'' and all that follows
through the period at the end and
inserting ``any discharge made by the
applicant into the navigable waters as
described in paragraph (1) will not
violate the applicable provisions of
sections 301, 302, 303, 306, and
307.'';
(ii) in the second sentence, by
striking ``will violate applicable
effluent limitations or other
limitations or other water quality
requirements such Federal'' and
inserting ``will result in a discharge
made into the navigable waters by the
applicant as described in paragraph (1)
that violates the applicable provisions
of sections 301, 302, 303, 306, and
307, the Federal''; and
(iii) in the third sentence--
(I) by striking ``such
facility or activity'' and
inserting ``a discharge made by
the applicant into the
navigable waters as described
in paragraph (1)''; and
(II) by striking ``section
301, 302, 303, 306, or 307 of
this Act'' and inserting
``sections 301, 302, 303, 306,
and 307''; and
(E) in paragraph (5)--
(i) by striking ``such facility or
activity has been operated in'' and
inserting ``any discharge made by the
applicant into the navigable waters as
described in paragraph (1) is in''; and
(ii) by striking ``section 301, 302,
303, 306, or 307 of this Act'' and
inserting ``sections 301, 302, 303,
306, and 307''; and
(2) in subsection (d), by striking ``assure that any
applicant for a Federal license or permit will comply
with any applicable'' and inserting the following:
``ensure that any discharge made by the applicant into
the navigable waters as described in subsection (a)(1)
shall comply with the applicable provisions of sections
301, 302, 303, 306, and 307. Any limitations or
requirements in the preceding sentence shall become a
condition on any Federal license or permit subject to
the provisions of this section.
``(e) Definition of Applicable Provisions of Sections 301,
302, 303, 306, and 307.--In this section, the term `applicable
provisions of sections 301, 302, 303, 306, and 307' means, as
applicable,''; and
(3) in subsection (e) (as so redesignated)--
(A) by striking ``with'';
(B) by striking ``other appropriate''; and
(C) by striking ``set forth'' and all that
follows through the period at the end and
inserting ``implementing water quality criteria
under section 303 necessary to support the
specified designated use or uses of the
receiving navigable water.''.
----------
8. An Amendment To Be Offered by Representative Stauber of Minnesota or
His Designee
Page 1137, after line 10, insert the following:
SEC. 22117. PERMITS FOR DREDGED OR FILL MATERIAL.
Section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) is amended by adding at the end the following:
``(u) Exception to Permitting Requirement.--Notwithstanding
any other provision of this section, any person issued a permit
by a State for the discharge of dredged or fill material which
complies with the requirements of subparagraphs (A) through (H)
of subsection (h)(1) shall not be required to obtain a permit
under this section.''.
PART H--TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER
1. An Amendment To Be Offered by Representative Foxx of North Carolina
or Her Designee, Debatable for 30 Minutes
At the end of division H, add the following new section:
SEC. ___. PREVAILING RATE OF WAGE REQUIREMENTS.
(a) Repeals.--The following provisions are repealed:
(1) Section 113 of title 23, United States Code (and
the item relating to such section in the analysis for
chapter 1 of such title).
(2) Section 5333(a) of title 49, United States Code.
(b) Applicability.--
(1) Effective date.--Subject to paragraph (2), the
amendments made by this section shall take effect on
the 31st day following the date of enactment of this
Act.
(2) Existing contracts.--The amendments made by this
section shall not affect any contract in existence on
the date of enactment of this Act or made pursuant to
an invitation for bids outstanding on such date of
enactment.
----------
2. An Amendment To Be Offered by Representative Courtney of Connecticut
or His Designee, Debatable for 10 Minutes
Page 499, after line 22, insert the following:
SEC. 1632. VEHICLE WEIGHT LIMITATIONS.
Section 127(a) of title 23, United States Code, is amended by
adding at the end the following:
``(14) With respect to the State of Connecticut, laws
and regulations in effect on October 1, 2013, shall be
applicable for the purposes of this subsection.''.
----------
3. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 1464, after line 17, insert the following:
SEC. 33105. COMPREHENSIVE LEAD SERVICE LINE REPLACEMENT.
Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-
19b) is amended--
(1) in subsection (d)--
(A) by striking ``$60,000,000'' and inserting
``$4,500,000,000''; and
(B) by striking ``2021'' and inserting
``2025''; and
(2) by adding at the end the following:
``(f) Comprehensive Lead Reduction Projects.--
``(1) Grants.--The Administrator shall make grants
available to eligible entities for comprehensive lead
reduction projects that, notwithstanding any other
provision in this section, pay to fully replace all
lead service lines served by the eligible entity,
irrespective of the ownership of the service line and
without requiring a contribution to the cost of
replacement of any portion of the service line by any
individual homeowner.
``(2) Priority.--In making grants under paragraph
(1), the Administrator shall give priority to eligible
entities serving disadvantaged communities, consistent
with subsection (b)(3), and environmental justice
communities (with significant representation of
communities of color, low-income communities, or Tribal
and indigenous communities, that experience, or are at
risk of experiencing, higher or more adverse human
health or environmental effects).
``(3) No cost-sharing.--The Federal share of the cost
of a project carried out pursuant to this subsection
shall be 100 percent.''.
[all]