I 

117TH CONGRESS 

1ST SESSION H. R. 1848 

To rebuild and modernize the Nation’s infrastructure to expand access to 

broadband and Next Generation 9–1–1, rehabilitate drinking water infrastructure, modernize the electric grid and energy supply infrastructure, 

redevelop brownfields, strengthen health care infrastructure, create jobs, 

and protect public health and the environment, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2021 

Mr. PALLONE (for himself, Mr. RUSH, Ms. ESHOO, Ms. DEGETTE, Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. SCHAKOWSKY, Mr. 

BUTTERFIELD, Ms. MATSUI, Ms. CASTOR of Florida, Mr. SARBANES, Mr. 

MCNERNEY, Mr. WELCH, Mr. TONKO, Ms. CLARKE of New York, Mr. 

SCHRADER, Mr. CA ́RDENAS, Mr. RUIZ, Mr. PETERS, Mrs. DINGELL, Mr. 

VEASEY, Ms. KUSTER, Ms. KELLY of Illinois, Ms. BARRAGA ́N, Mr. 

MCEACHIN, Ms. BLUNT ROCHESTER, Mr. SOTO, Mr. O’HALLERAN, Miss 

RICE of New York, Ms. CRAIG, Ms. SCHRIER, Mrs. TRAHAN, and Mrs. 

FLETCHER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Transportation and Infrastructure, Natural Resources, Science, Space, 

and Technology, Ways and Means, Education and Labor, Agriculture, 

and Oversight and Reform, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To rebuild and modernize the Nation’s infrastructure to expand access to broadband and Next Generation 9–1– 

1, rehabilitate drinking water infrastructure, modernize 

the electric grid and energy supply infrastructure, redevelop brownfields, strengthen health care infrastructure, 


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create jobs, and protect public health and the environment, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Leading Infrastructure For Tomorrow’s America Act’’ or 

6 the ‘‘LIFT America Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—UNIVERSAL BROADBAND AND NEXT GENERATION 9–1–1 

Sec. 10001. Definitions. 

Sec. 10002. Sense of Congress. 

Sec. 10003. Severability. 

Subtitle A—Digital Equity 

Sec. 11001. Definitions. 

PART 1—OFFICE OF INTERNET CONNECTIVITY AND GROWTH

Sec. 11101. Annual report of Office. 

Sec. 11102. Study and report on affordability of adoption of broadband service. 

Sec. 11103. Authorization of appropriations. 

Sec. 11104. Study and recommendations to connect socially disadvantaged individuals. 

PART 2—DIGITAL EQUITY PROGRAMS

Sec. 11201. State Digital Equity Capacity Grant Program. 

Sec. 11202. Digital Equity Competitive Grant Program. 

Sec. 11203. Policy research, data collection, analysis and modeling, evaluation, 

and dissemination. 

Sec. 11204. General provisions. 

Subtitle B—Broadband Affordability and Pricing Transparency 

PART 1—BROADBAND AFFORDABILITY

Sec. 12101. Authorization for additional funds for the Emergency Broadband 

Connectivity Fund. 

Sec. 12102. Grants to States to strengthen National Lifeline Eligibility 

Verifier. 


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Sec. 12103. Federal coordination between National Eligibility Verifier and National Accuracy Clearinghouse. 

Sec. 12104. Definitions. 

PART 2—ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY

FUND

Sec. 12201. Additional authorization for Emergency Connectivity Fund. 

PART 3—PRICING TRANSPARENCY

Sec. 12301. Definitions. 

Sec. 12302. Broadband transparency. 

Sec. 12303. Distribution of data. 

Sec. 12304. Coordination with certain other Federal agencies. 

Sec. 12305. Adoption of consumer broadband labels. 

Sec. 12306. GAO report. 

Subtitle C—Broadband Access 

PART 1—EXPANSION OF BROADBAND ACCESS

Sec. 13101. Expansion of broadband access in unserved areas and areas with 

low-tier or mid-tier service. 

Sec. 13102. Tribal internet expansion. 

PART 2—BROADBAND INFRASTRUCTURE FINANCE AND INNOVATION

Sec. 13201. Short title. 

Sec. 13202. Definitions. 

Sec. 13203. Determination of eligibility and project selection. 

Sec. 13204. Secured loans. 

Sec. 13205. Lines of credit. 

Sec. 13206. Alternative prudential lending standards for small projects. 

Sec. 13207. Program administration. 

Sec. 13208. State and local permits. 

Sec. 13209. Regulations. 

Sec. 13210. Funding. 

Sec. 13211. Reports to Congress. 

PART 3—WI-FI ON SCHOOL BUSES

Sec. 13301. E-rate support for school bus Wi-Fi. 

Subtitle D—Community Broadband 

Sec. 14001. State, local, public-private partnership, and co-op broadband services. 

Subtitle E—Next Generation 9–1–1 

Sec. 15001. Further deployment of Next Generation 9–1–1. 

TITLE II—DRINKING WATER INFRASTRUCTURE 

Sec. 20001. Drinking Water SRF Funding. 

Sec. 20002. Drinking water system resilience funding. 

Sec. 20003. PFAS treatment grants. 

Sec. 20004. Lead service line replacement. 


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Sec. 20005. Assistance for areas affected by natural disasters. 

Sec. 20006. Allotments for territories. 

TITLE III—CLEAN ENERGY INFRASTRUCTURE 

Subtitle A—Grid Security and Modernization 

Sec. 31001. 21st century power grid. 

Sec. 31002. Strategic transformer reserve program. 

Subtitle B—Energy Efficient Infrastructure 

PART 1—EFFICIENCY GRANTS FOR STATE AND LOCAL GOVERNMENTS

Sec. 32101. Energy efficient public buildings. 

Sec. 32102. Energy Efficiency and Conservation Block Grant Program. 

PART 2—ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES

Sec. 32201. Grants for energy efficiency improvements and renewable energy 

improvements at public school facilities. 

PART 3—HOPE FOR HOMES 

Sec. 32301. Definitions. 

SUBPART A—HOPE TRAINING

Sec. 32311. Notice for HOPE Qualification training and grants. 

Sec. 32312. Course criteria. 

Sec. 32313. HOPE Qualification. 

Sec. 32314. Grants. 

Sec. 32315. Authorization of appropriations. 

SUBPART B—HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM

Sec. 32321. Establishment of Home Energy Savings Retrofit Rebate Program. 

Sec. 32322. Partial system rebates. 

Sec. 32323. State administered rebates. 

Sec. 32324. Special provisions for moderate income households. 

Sec. 32325. Evaluation reports to Congress. 

Sec. 32326. Administration. 

Sec. 32327. Treatment of rebates. 

Sec. 32328. Authorization of appropriations. 

SUBPART C—GENERAL PROVISIONS

Sec. 32331. Appointment of personnel. 

Sec. 32332. Maintenance of funding. 

PART 4—ENERGY AND WATER PERFORMANCE AT FEDERAL FACILITIES

Sec. 32401. Energy and water performance requirement for Federal facilities. 

PART 5—OPEN BACK BETTER

Sec. 32501. Facilities energy resiliency. 

Sec. 32502. Personnel. 

Subtitle C—Energy Supply Infrastructure 


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Sec. 33001. Grant program for solar installations located in, or that serve, lowincome and underserved areas. 

Sec. 33002. Improving the natural gas distribution system. 

Sec. 33003. Distributed energy resources. 

Sec. 33004. Clean Energy and Sustainability Accelerator. 

Sec. 33005. Dam safety. 

Subtitle D—Smart Communities Infrastructure 

PART 1—SMART COMMUNITIES

Sec. 34101. 3C energy program. 

Sec. 34102. Federal technology assistance. 

Sec. 34103. Technology demonstration grant program. 

Sec. 34104. Smart city or community. 

PART 2—CLEAN CITIES COALITION PROGRAM

Sec. 34201. Clean Cities Coalition Program. 

PART 3—VEHICLE INFRASTRUCTURE

SUBPART A—ELECTRIC VEHICLE INFRASTRUCTURE

Sec. 34311. Definitions. 

Sec. 34312. Electric vehicle supply equipment rebate program. 

Sec. 34313. Model building code for electric vehicle supply equipment. 

Sec. 34314. Electric vehicle supply equipment coordination. 

Sec. 34315. State consideration of electric vehicle charging. 

Sec. 34316. State energy plans. 

Sec. 34317. Transportation electrification. 

Sec. 34318. Federal fleets. 

SUBPART B—ELECTRIC VEHICLES FOR UNDERSERVED COMMUNITIES

Sec. 34321. Expanding access to electric vehicles in underserved and disadvantaged communities. 

Sec. 34322. Ensuring program benefits for underserved and disadvantaged 

communities. 

Sec. 34323. Definitions. 

SUBPART C—PORT ELECTRIFICATION AND DECARBONIZATION

Sec. 34331. Definitions. 

Sec. 34332. Grants to reduce air pollution at ports. 

Sec. 34333. Model methodologies. 

Sec. 34334. Port electrification. 

Sec. 34335. Authorization of appropriations. 

SUBPART D—OTHER VEHICLES

Sec. 34341. Clean School Bus Program. 

Sec. 34342. Pilot program for the electrification of certain refrigerated vehicles. 

Sec. 34343. Domestic Manufacturing Conversion Grant Program. 

Sec. 34344. Advanced technology vehicles manufacturing incentive program. 

TITLE IV—HEALTH CARE INFRASTRUCTURE 


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Sec. 40001. Core public health infrastructure for State, local, Tribal, and territorial health departments. 

Sec. 40002. Core public health infrastructure and activities for CDC. 

Sec. 40003. Hospital infrastructure. 

Sec. 40004. Pilot program to improve laboratory infrastructure. 

Sec. 40005. 21st century Indian health program hospitals and outpatient 

health care facilities. 

Sec. 40006. Pilot program to improve community-based care infrastructure. 

Sec. 40007. Community Health Center Capital Project Funding. 

Sec. 40008. Energy efficiency. 

TITLE V—BROWNFIELDS REDEVELOPMENT 

Sec. 50001. Authorization of appropriations. 

Sec. 50002. State response programs. 

1 TITLE I—UNIVERSAL BROAD2 BAND AND NEXT GENERA3 TION 9–1–1 

4 SEC. 10001. DEFINITIONS. 

5 In this title: 

6 (1) AGING INDIVIDUAL.—The term ‘‘aging indi7 vidual’’ has the meaning given the term ‘‘older indi8 vidual’’ in section 102 of the Older Americans Act 

9 of 1965 (42 U.S.C. 3002). 

10 (2) APPROPRIATE COMMITTEES OF CON11 GRESS.—The term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Appropriations of 

14 the Senate; 

15 (B) the Committee on Commerce, Science, 

16 and Transportation of the Senate; 

17 (C) the Committee on Appropriations of 

18 the House of Representatives; and 


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1 (D) the Committee on Energy and Com2 merce of the House of Representatives. 

3 (3) ASSISTANT SECRETARY.—The term ‘‘Assist4 ant Secretary’’ means the Assistant Secretary of 

5 Commerce for Communications and Information. 

6 (4) COMMISSION.—The term ‘‘Commission’’ 

7 means the Federal Communications Commission. 

8 (5) COVERED HOUSEHOLD.—The term ‘‘covered 

9 household’’ means a household the income of which 

10 does not exceed 150 percent of the poverty thresh11 old, as determined by using criteria of poverty estab12 lished by the Bureau of the Census, for a household 

13 of the size involved. 

14 (6) COVERED POPULATIONS.—The term ‘‘cov15 ered populations’’ means— 

16 (A) individuals who are members of cov17 ered households; 

18 (B) aging individuals; 

19 (C) incarcerated individuals, other than in20 dividuals who are incarcerated in a Federal cor21 rectional facility (including a private facility op22 erated under contract with the Federal Govern23 ment); 

24 (D) veterans; 

25 (E) individuals with disabilities; 


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1 (F) individuals with a language barrier, in2 cluding individuals who— 

3 (i) are English learners; or 

4 (ii) have low levels of literacy; 

5 (G) individuals who are members of a ra6 cial or ethnic minority group; and 

7 (H) individuals who primarily reside in a 

8 rural area. 

9 (7) DIGITAL LITERACY.—The term ‘‘digital lit10 eracy’’ means the skills associated with using tech11 nology to enable users to find, evaluate, organize, 

12 create, and communicate information. 

13 (8) DISABILITY.—The term ‘‘disability’’ has the 

14 meaning given the term in section 3 of the Ameri15 cans with Disabilities Act of 1990 (42 U.S.C. 

16 12102). 

17 (9) FEDERAL AGENCY.—The term ‘‘Federal 

18 agency’’ has the meaning given the term ‘‘agency’’ 

19 in section 551 of title 5, United States Code. 

20 (10) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

21 has the meaning given such term in section 4(e) of 

22 the Indian Self-Determination and Education Assist23 ance Act (25 U.S.C. 5304(e)). 

24 (11) INSTITUTION OF HIGHER EDUCATION.— 

25 The term ‘‘institution of higher education’’— 


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1 (A) has the meaning given the term in sec2 tion 101 of the Higher Education Act of 1965 

3 (20 U.S.C. 1001); and 

4 (B) includes a postsecondary vocational in5 stitution. 

6 (12) POSTSECONDARY VOCATIONAL INSTITU7 TION.—The term ‘‘postsecondary vocational institu8 tion’’ has the meaning given the term in section 

9 102(c) of the Higher Education Act of 1965 (20 

10 U.S.C. 1002(c)). 

11 (13) RURAL AREA.—The term ‘‘rural area’’ has 

12 the meaning given the term in section 13 of the 

13 Rural Electrification Act of 1936 (7 U.S.C. 913). 

14 (14) STATE.—The term ‘‘State’’ has the mean15 ing given the term in section 3 of the Communica16 tions Act of 1934 (47 U.S.C. 153). 

17 (15) VETERAN.—The term ‘‘veteran’’ has the 

18 meaning given the term in section 101 of title 38, 

19 United States Code. 

20 SEC. 10002. SENSE OF CONGRESS. 

21 (a) IN GENERAL.—It is the sense of Congress that— 

22 (1) a broadband service connection and digital 

23 literacy are increasingly critical to how individuals— 

24 (A) participate in the society, economy, 

25 and civic institutions of the United States; and 


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1 (B) access health care and essential serv2 ices, obtain education, and build careers; 

3 (2) digital exclusion— 

4 (A) carries a high societal and economic 

5 cost; 

6 (B) materially harms the opportunity of an 

7 individual with respect to the economic success, 

8 educational achievement, positive health out9 comes, social inclusion, and civic engagement of 

10 that individual; 

11 (C) materially harms the opportunity of 

12 areas where it is especially widespread with re13 spect to economic success, educational achieve14 ment, positive health outcomes, social cohesion, 

15 and civic institutions; and 

16 (D) exacerbates existing wealth and income 

17 gaps, especially those experienced by covered 

18 populations and between regions; 

19 (3) achieving accessible and affordable access to 

20 broadband service, as well as digital literacy, for all 

21 people of the United States requires additional and 

22 sustained research efforts and investment; 

23 (4) the Federal Government, as well as State, 

24 Tribal, and local governments, have made social, 

25 legal, and economic obligations that necessarily exVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 tend to how the citizens and residents of those gov2 ernments access and use the internet; and 

3 (5) achieving accessible and affordable access to 

4 broadband service is a matter of social and economic 

5 justice and is worth pursuing. 

6 (b) BROADBAND SERVICE DEFINED.—In this sec7 tion, the term ‘‘broadband service’’ has the meaning given 

8 the term ‘‘broadband internet access service’’ in section 

9 8.1(b) of title 47, Code of Federal Regulations, or any 

10 successor regulation. 

11 SEC. 10003. SEVERABILITY. 

12 If any provision of this title, an amendment made by 

13 this title, or the application of such provision or amend14 ment to any person or circumstance is held to be invalid, 

15 the remainder of this title and the amendments made by 

16 this title, and the application of such provision or amend17 ment to any other person or circumstance, shall not be 

18 affected thereby. 

19 Subtitle A—Digital Equity 

20 SEC. 11001. DEFINITIONS. 

21 In this subtitle: 

22 (1) ADOPTION OF BROADBAND SERVICE.—The 

23 term ‘‘adoption of broadband service’’ means the 

24 process by which an individual obtains daily access 

25 to broadband service— 


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1 (A) with a download speed of at least 25 

2 megabits per second, an upload speed of at 

3 least 3 megabits per second, and a latency that 

4 is sufficiently low to allow real-time, interactive 

5 applications; 

6 (B) with the digital skills that are nec7 essary for the individual to participate online; 

8 and 

9 (C) on a— 

10 (i) personal device; and 

11 (ii) secure and convenient network. 

12 (2) ANCHOR INSTITUTION.—The term ‘‘anchor 

13 institution’’ means a public or private school, a li14 brary, a medical or healthcare provider, a museum, 

15 a public safety entity, a public housing agency, a 

16 community college, an institution of higher edu17 cation, a religious organization, or any other com18 munity support organization or agency. 

19 (3) ASSISTANT SECRETARY.—The term ‘‘Assist20 ant Secretary’’ means the Assistant Secretary, act21 ing through the Office. 

22 (4) BROADBAND SERVICE.—The term 

23 ‘‘broadband service’’ has the meaning given the term 

24 ‘‘broadband internet access service’’ in section 8.1(b) 


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1 of title 47, Code of Federal Regulations, or any suc2 cessor regulation. 

3 (5) COVERED PROGRAMS.—The term ‘‘covered 

4 programs’’ means the State Digital Equity Capacity 

5 Grant Program established under section 11201 and 

6 the Digital Equity Competitive Grant Program es7 tablished under section 11202. 

8 (6) DIGITAL EQUITY.—The term ‘‘digital eq9 uity’’ means the condition in which individuals and 

10 communities have the information technology capac11 ity that is needed for full participation in the society 

12 and economy of the United States. 

13 (7) DIGITAL INCLUSION ACTIVITIES.—The term 

14 ‘‘digital inclusion activities’’— 

15 (A) means the activities that are necessary 

16 to ensure that all individuals in the United 

17 States have access to, and the use of, affordable 

18 information and communication technologies, 

19 such as— 

20 (i) reliable broadband service; 

21 (ii) internet-enabled devices that meet 

22 the needs of the user; and 

23 (iii) applications and online content 

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1 ficiency, participation, and collaboration; 

2 and 

3 (B) includes— 

4 (i) the provision of digital literacy 

5 training; 

6 (ii) the provision of quality technical 

7 support; and 

8 (iii) promoting basic awareness of 

9 measures to ensure online privacy and cy10 bersecurity. 

11 (8) ELIGIBLE STATE.—The term ‘‘eligible 

12 State’’ means— 

13 (A) with respect to planning grants made 

14 available under section 11201(c)(3), a State 

15 with respect to which the Assistant Secretary 

16 has approved an application submitted to the 

17 Assistant Secretary under subparagraph (C) of 

18 such section; and 

19 (B) with respect to capacity grants award20 ed under section 11201(d), a State with respect 

21 to which the Assistant Secretary has approved 

22 an application submitted to the Assistant Sec23 retary under paragraph (2) of such section. 

24 (9) FEDERAL BROADBAND SUPPORT PRO25 GRAM.—The term ‘‘Federal broadband support proVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 gram’’ has the meaning given such term in section 

2 903 of division FF of the Consolidated Appropria3 tions Act, 2021 (Public Law 116–260). 

4 (10) GENDER IDENTITY.—The term ‘‘gender 

5 identity’’ has the meaning given the term in section 

6 249(c) of title 18, United States Code. 

7 (11) LOCAL EDUCATIONAL AGENCY.—The term 

8 ‘‘local educational agency’’ has the meaning given 

9 the term in section 8101(30) of the Elementary and 

10 Secondary Education Act of 1965 (20 U.S.C. 

11 7801(30)). 

12 (12) MEDICAID ENROLLEE.—The term ‘‘Med13 icaid enrollee’’ means, with respect to a State, an in14 dividual enrolled in the State plan under title XIX 

15 of the Social Security Act (42 U.S.C. 1396 et seq.) 

16 or a waiver of that plan. 

17 (13) NATIONAL LIFELINE ELIGIBILITY

18 VERIFIER.—The term ‘‘National Lifeline Eligibility 

19 Verifier’’ has the meaning given such term in section 

20 54.400 of title 47, Code of Federal Regulations (or 

21 any successor regulation). 

22 (14) NATIVE HAWAIIAN ORGANIZATION.—The 

23 term ‘‘Native Hawaiian organization’’ means any or24 ganization— 


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1 (A) that serves the interests of Native Ha2 waiians; 

3 (B) in which Native Hawaiians serve in 

4 substantive and policymaking positions; 

5 (C) that has as a primary and stated pur6 pose the provision of services to Native Hawai7 ians; and 

8 (D) that is recognized for having expertise 

9 in Native Hawaiian affairs, digital connectivity, 

10 or access to broadband service. 

11 (15) OFFICE.—The term ‘‘Office’’ means the 

12 Office of Internet Connectivity and Growth within 

13 the National Telecommunications and Information 

14 Administration. 

15 (16) PUBLIC HOUSING AGENCY.—The term 

16 ‘‘public housing agency’’ has the meaning given the 

17 term in section 3(b) of the United States Housing 

18 Act of 1937 (42 U.S.C. 1437a(b)). 

19 (17) SNAP PARTICIPANT.—The term ‘‘SNAP 

20 participant’’ means an individual who is a member 

21 of a household that participates in the supplemental 

22 nutrition assistance program under the Food and 

23 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). 

24 (18) SOCIALLY AND ECONOMICALLY DISADVAN25 TAGED SMALL BUSINESS CONCERN.—The term ‘‘soVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 cially and economically disadvantaged small business 

2 concern’’ has the meaning given the term in section 

3 8(a)(4) of the Small Business Act (15 U.S.C. 

4 637(a)(4)). 

5 (19) TRIBALLY DESIGNATED ENTITY.—The 

6 term ‘‘tribally designated entity’’ means an entity 

7 designated by an Indian Tribe to carry out activities 

8 under this subtitle. 

9 (20) UNIVERSAL SERVICE FUND PROGRAM.— 

10 The term ‘‘Universal Service Fund Program’’ has 

11 the meaning given such term in section 903 of divi12 sion FF of the Consolidated Appropriations Act, 

13 2021 (Public Law 116–260). 

14 (21) WORKFORCE DEVELOPMENT PROGRAM.— 

15 The term ‘‘workforce development program’’ has the 

16 meaning given the term in section 3 of the Work17 force Innovation and Opportunity Act (29 U.S.C. 

18 3102). 

19 PART 1—OFFICE OF INTERNET CONNECTIVITY 

20 AND GROWTH 

21 SEC. 11101. ANNUAL REPORT OF OFFICE. 

22 Section 903(c)(2)(C) of division FF of the Consoli23 dated Appropriations Act, 2021 (Public Law 116–260) is 

24 amended by adding at the end the following: 


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1 ‘‘(iv) A description of any non-eco2 nomic benefits of such broadband deploy3 ment efforts, including any effect on civic 

4 engagement. 

5 ‘‘(v) The extent to which residents of 

6 the United States that received broadband 

7 as a result of Federal broadband support 

8 programs and the Universal Service Fund 

9 Programs received broadband at the 

10 download and upload speeds required by 

11 such programs.’’. 

12 SEC. 11102. STUDY AND REPORT ON AFFORDABILITY OF 

13 ADOPTION OF BROADBAND SERVICE. 

14 Section 903 of division FF of the Consolidated Ap15 propriations Act, 2021 (Public Law 116–260) is amend16 ed— 

17 (1) by redesignating subsections (g) and (h) as 

18 subsections (i) and (j), respectively; and 

19 (2) by inserting after subsection (f) the fol20 lowing: 

21 ‘‘(g) STUDY AND REPORT ON AFFORDABILITY OF

22 ADOPTION OF BROADBAND SERVICE.— 

23 ‘‘(1) STUDY.—The Office, in consultation with 

24 the Commission, the Department of Agriculture, the 

25 Department of the Treasury, and such other Federal 


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1 agencies as the Office considers appropriate, shall, 

2 not later than 1 year after the date of the enactment 

3 of this subsection, and biennially thereafter, conduct 

4 a study that examines the following: 

5 ‘‘(A) The number of households for which 

6 cost is a barrier to the adoption of broadband 

7 service, the financial circumstances of such 

8 households, and whether such households are 

9 eligible for the emergency broadband benefit 

10 under section 904 of division N. 

11 ‘‘(B) The extent to which the cost of adop12 tion of broadband service is a financial burden 

13 to households that have adopted broadband 

14 service, the financial circumstances of such fi15 nancially burdened households, and whether 

16 such households are receiving the emergency 

17 broadband benefit under section 904 of division 

18 N. 

19 ‘‘(C) The appropriate standard to deter20 mine whether adoption of broadband service is 

21 affordable for households, given the financial 

22 circumstances of such households. 

23 ‘‘(D) The feasibility of providing additional 

24 Federal subsidies, including expanding the eligi25 bility for or increasing the amount of the emerVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 gency broadband benefit under section 904 of 

2 division N, to households to cover the difference 

3 between the cost of adoption of broadband serv4 ice (determined before applying such additional 

5 Federal subsidies) and the price at which adop6 tion of broadband service would be affordable. 

7 ‘‘(E) How a program to provide additional 

8 Federal subsidies as described in subparagraph 

9 (D) should be administered to most effectively 

10 facilitate adoption of broadband service at the 

11 lowest overall expense to the Federal Govern12 ment, including measures that would ensure 

13 that the availability of the subsidies does not 

14 result in providers raising the price of 

15 broadband service for households receiving sub16 sidies. 

17 ‘‘(F) How participation in the Lifeline pro18 gram of the Commission has changed in the 5 

19 years prior to the date of the enactment of this 

20 subsection, including— 

21 ‘‘(i) geographic information at the 

22 census-block level depicting the scale of 

23 change in participation in each area; and 

24 ‘‘(ii) information on changes in par25 ticipation by specific types of Lifeline-supVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 ported services, including fixed voice te2 lephony service, mobile voice telephony 

3 service, fixed broadband service, and mo4 bile broadband service and, in the case of 

5 any Lifeline-supported services provided as 

6 part of a bundle of services to which a 

7 Lifeline discount is applied, which Lifeline8 supported services are part of such bundle 

9 and whether or not each Lifeline-supported 

10 service in such bundle meets Lifeline min11 imum service standards. 

12 ‘‘(G) How competition impacts the price of 

13 broadband service, including the impact of mo14 nopolistic business practices by broadband serv15 ice providers. 

16 ‘‘(H) The extent to which, if at all, the 

17 Universal Service Fund high-cost programs 

18 have enabled access to reasonably comparable 

19 telephony and broadband services at reasonably 

20 comparable rates in high-cost rural areas as re21 quired by the Communications Act of 1934 (47 

22 U.S.C. 151 et seq.), including a comparison of 

23 the rates charged by recipients of support under 

24 such programs in rural areas and rates charged 


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1 in urban areas, as determined by the Commis2 sion’s annual survey. 

3 ‘‘(2) REPORT.—Not later than 1 year after the 

4 date of the enactment of this subsection, and bienni5 ally thereafter, the Office shall submit to Congress 

6 a report on the results of the study conducted under 

7 paragraph (1). 

8 ‘‘(3) DEFINITIONS.—In this subsection: 

9 ‘‘(A) COST.—The term ‘cost’ means, with 

10 respect to adoption of broadband service, the 

11 cost of adoption of broadband service to a 

12 household after applying any subsidies that re13 duce such cost. 

14 ‘‘(B) OTHER DEFINITIONS.—The terms 

15 ‘adoption of broadband service’ and ‘broadband 

16 service’ have the meanings given such terms in 

17 section 11001 of the Leading Infrastructure 

18 For Tomorrow’s America Act.’’. 

19 SEC. 11103. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated to the Assist21 ant Secretary $26,000,000 for each of the fiscal years 

22 2022 through 2026 for the operations of the Office. 


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1 SEC. 11104. STUDY AND RECOMMENDATIONS TO CONNECT 

2 SOCIALLY DISADVANTAGED INDIVIDUALS. 

3 Section 903 of division FF of the Consolidated Ap4 propriations Act, 2021 (Public Law 116–260), as amend5 ed by section 11102, is further amended by inserting be6 fore subsection (i) (as redesignated by such section) the 

7 following: 

8 ‘‘(h) STUDY AND RECOMMENDATIONS TO CONNECT

9 SOCIALLY DISADVANTAGED INDIVIDUALS.— 

10 ‘‘(1) IN GENERAL.—Not later than 12 months 

11 after the date of the enactment of this subsection, 

12 the Office, in consultation with the Commission and 

13 the Rural Utilities Service of the Department of Ag14 riculture, shall, after public notice and an oppor15 tunity for comment, conduct a study to assess the 

16 extent to which Federal funds for broadband service, 

17 including the Universal Service Fund Programs and 

18 other Federal broadband support programs, have ex19 panded access to and adoption of broadband service 

20 by socially disadvantaged individuals as compared to 

21 individuals who are not socially disadvantaged indi22 viduals. 

23 ‘‘(2) REPORT AND PUBLICATION.— 

24 ‘‘(A) SUBMISSION.—Not later than 18 

25 months after the date of the enactment of this 

26 subsection, the Office shall submit a report on 


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1 the results of the study under paragraph (1) 

2 to— 

3 ‘‘(i) the Committee on Energy and 

4 Commerce of the House of Representa5 tives; 

6 ‘‘(ii) the Committee on Commerce, 

7 Science, and Transportation of the Senate; 

8 and 

9 ‘‘(iii) each agency administering a 

10 program evaluated by such report. 

11 ‘‘(B) PUBLIC PUBLICATION.—Contempora12 neously with submitting the report required by 

13 subparagraph (A), the Office shall publish such 

14 report on the public-facing website of the Of15 fice. 

16 ‘‘(C) RECOMMENDATIONS.—The report re17 quired by subparagraph (A) shall include rec18 ommendations with regard to how Federal 

19 funds for the Universal Service Fund Programs 

20 and Federal broadband support programs may 

21 be dispersed in an a manner that better ex22 pands access to and adoption of broadband 

23 service by socially disadvantaged individuals as 

24 compared to individuals who are not socially 

25 disadvantaged individuals. 


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1 ‘‘(3) DEFINITIONS.—In this subsection: 

2 ‘‘(A) SOCIALLY DISADVANTAGED INDI3 VIDUAL.—The term ‘socially disadvantaged in4 dividual’ has the meaning given that term in 

5 section 8 of the Small Business Act (15 U.S.C. 

6 637). 

7 ‘‘(B) OTHER DEFINITIONS.—The terms 

8 ‘adoption of broadband service’ and ‘broadband 

9 service’ have the meanings given such terms in 

10 section 11001 of the Leading Infrastructure 

11 For Tomorrow’s America Act.’’. 

12 PART 2—DIGITAL EQUITY PROGRAMS 

13 SEC. 11201. STATE DIGITAL EQUITY CAPACITY GRANT PRO14 GRAM. 

15 (a) ESTABLISHMENT; PURPOSE.— 

16 (1) IN GENERAL.—The Assistant Secretary 

17 shall establish in the Office the State Digital Equity 

18 Capacity Grant Program (referred to in this section 

19 as the ‘‘Program’’)— 

20 (A) the purpose of which is to promote the 

21 achievement of digital equity, support digital in22 clusion activities, and build capacity for efforts 

23 by States relating to the adoption of broadband 

24 service by residents of those States; 


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1 (B) through which the Assistant Secretary 

2 shall make grants to States in accordance with 

3 the requirements of this section; and 

4 (C) which shall ensure that States have the 

5 capacity to promote the achievement of digital 

6 equity and support digital inclusion activities. 

7 (2) CONSULTATION WITH OTHER FEDERAL

8 AGENCIES; NO CONFLICT.—In establishing the Pro9 gram under paragraph (1), the Assistant Secretary 

10 shall— 

11 (A) consult with— 

12 (i) the Secretary of Agriculture; 

13 (ii) the Secretary of Housing and 

14 Urban Development; 

15 (iii) the Secretary of Education; 

16 (iv) the Secretary of Labor; 

17 (v) the Secretary of Health and 

18 Human Services; 

19 (vi) the Secretary of Veterans Affairs; 

20 (vii) the Secretary of the Interior; 

21 (viii) the Assistant Secretary for In22 dian Affairs of the Department of the Inte23 rior; 

24 (ix) the Commission; 

25 (x) the Federal Trade Commission; 


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1 (xi) the Director of the Institute of 

2 Museum and Library Services; 

3 (xii) the Administrator of the Small 

4 Business Administration; 

5 (xiii) the Federal Cochairman of the 

6 Appalachian Regional Commission; and 

7 (xiv) the head of any other Federal 

8 agency that the Assistant Secretary deter9 mines to be appropriate; and 

10 (B) ensure that the Program complements 

11 and enhances, and does not conflict with, other 

12 Federal broadband support programs and Uni13 versal Service Fund Programs. 

14 (3) TRIBAL AND NATIVE HAWAIIAN CONSULTA15 TION AND ENGAGEMENT.—In establishing the Pro16 gram under paragraph (1), the Assistant Secretary 

17 shall conduct robust, interactive, pre-decisional, 

18 transparent consultation with Indian Tribes and Na19 tive Hawaiian organizations. 

20 (b) ADMINISTERING ENTITY.— 

21 (1) SELECTION; FUNCTION.—The governor (or 

22 equivalent official) of a State that wishes to be 

23 awarded a grant under this section shall, from 

24 among entities that are eligible under paragraph (2), 


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1 select an administering entity for that State, which 

2 shall— 

3 (A) serve as the recipient of, and admin4 istering agent for, any grant awarded to the 

5 State under this section; 

6 (B) develop, implement, and oversee the 

7 State Digital Equity Plan for the State de8 scribed in subsection (c); 

9 (C) make subgrants to any of the entities 

10 described in clauses (i) through (xi) of sub11 section (c)(1)(D) that is located in the State in 

12 support of— 

13 (i) the State Digital Equity Plan for 

14 the State; and 

15 (ii) digital inclusion activities in the 

16 State generally; and 

17 (D) serve as— 

18 (i) an advocate for digital equity poli19 cies and digital inclusion activities; and 

20 (ii) a repository of best practice mate21 rials regarding the policies and activities 

22 described in clause (i). 

23 (2) ELIGIBLE ENTITIES.—Any of the following 

24 entities may serve as the administering entity for a 

25 State for the purposes of this section if the entity 


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1 has demonstrated a capacity to administer the Pro2 gram on a statewide level: 

3 (A) The State. 

4 (B) A political subdivision, agency, or in5 strumentality of the State. 

6 (C) An Indian Tribe located in the State, 

7 a tribally designated entity located in the State, 

8 or a Native Hawaiian organization located in 

9 the State. 

10 (c) STATE DIGITAL EQUITY PLAN.— 

11 (1) DEVELOPMENT; CONTENTS.—A State that 

12 wishes to be awarded a grant under subsection (d) 

13 shall develop a State Digital Equity Plan for the 

14 State, which shall include— 

15 (A) an identification of the barriers to dig16 ital equity faced by covered populations in the 

17 State; 

18 (B) measurable objectives for documenting 

19 and promoting, among each group described in 

20 subparagraphs (A) through (H) of section 2(6) 

21 located in that State— 

22 (i) the availability of, and affordability 

23 of access to, broadband service and tech24 nology needed for the use of broadband 

25 service; 


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1 (ii) public awareness of such avail2 ability and affordability and of subsidies 

3 available to increase such affordability (in4 cluding subsidies available through the 

5 Lifeline program of the Commission), in6 cluding objectives to— 

7 (I) inform Medicaid enrollees and 

8 SNAP participants, and organizations 

9 that serve Medicaid enrollees and 

10 SNAP participants, of potential eligi11 bility for the Lifeline program; and 

12 (II) provide Medicaid enrollees 

13 and SNAP participants with informa14 tion about the Lifeline program, in15 cluding— 

16 (aa) how to apply for the 

17 Lifeline program; and 

18 (bb) a description of the 

19 prohibition on more than one 

20 subscriber in each household re21 ceiving a service provided under 

22 the Lifeline program; 

23 (iii) the online accessibility and 

24 inclusivity of public resources and services; 

25 (iv) digital literacy; 


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1 (v) awareness of, and the use of, 

2 measures to secure the online privacy of, 

3 and cybersecurity with respect to, an indi4 vidual; and 

5 (vi) the availability and affordability 

6 of consumer devices and technical support 

7 for those devices; 

8 (C) an assessment of how the objectives 

9 described in subparagraph (B) will impact and 

10 interact with the State’s— 

11 (i) economic and workforce develop12 ment goals, plans, and outcomes; 

13 (ii) educational outcomes; 

14 (iii) health outcomes; 

15 (iv) civic and social engagement; and 

16 (v) delivery of other essential services; 

17 (D) in order to achieve the objectives de18 scribed in subparagraph (B), a description of 

19 how the State plans to collaborate with key 

20 stakeholders in the State, which may include— 

21 (i) anchor institutions; 

22 (ii) county and municipal govern23 ments; 

24 (iii) local educational agencies; 


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1 (iv) where applicable, Indian Tribes, 

2 tribally designated entities, or Native Ha3 waiian organizations; 

4 (v) nonprofit organizations; 

5 (vi) organizations that represent— 

6 (I) individuals with disabilities, 

7 including organizations that represent 

8 children with disabilities; 

9 (II) aging individuals; 

10 (III) individuals with a language 

11 barrier, including individuals who— 

12 (aa) are English learners; or 

13 (bb) have low levels of lit14 eracy; 

15 (IV) veterans; 

16 (V) individuals residing in rural 

17 areas; and 

18 (VI) incarcerated individuals in 

19 that State, other than individuals who 

20 are incarcerated in a Federal correc21 tional facility (including a private fa22 cility operated under contract with the 

23 Federal Government); 

24 (vii) civil rights organizations; 


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1 (viii) entities that carry out workforce 

2 development programs; 

3 (ix) agencies of the State that are re4 sponsible for administering or supervising 

5 adult education and literacy activities in 

6 the State; 

7 (x) public housing agencies whose ju8 risdictions are located in the State; and 

9 (xi) a consortium of any of the enti10 ties described in clauses (i) through (x); 

11 and 

12 (E) a list of organizations with which the 

13 administering entity for the State collaborated 

14 in developing and implementing the Plan. 

15 (2) PUBLIC AVAILABILITY.— 

16 (A) IN GENERAL.—The administering enti17 ty for a State shall make the State Digital Eq18 uity Plan of the State available for public com19 ment for a period of not less than 30 days be20 fore the date on which the State submits an ap21 plication to the Assistant Secretary under sub22 section (d)(2). 

23 (B) CONSIDERATION OF COMMENTS RE24 CEIVED.—The administering entity for a State 

25 shall, with respect to an application submitted 


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1 to the Assistant Secretary under subsection 

2 (d)(2)— 

3 (i) before submitting the application— 

4 (I) consider all comments re5 ceived during the comment period de6 scribed in subparagraph (A) with re7 spect to the application (referred to in 

8 this subparagraph as the ‘‘comment 

9 period’’); and 

10 (II) make any changes to the 

11 plan that the administering entity de12 termines to be appropriate; and 

13 (ii) when submitting the application— 

14 (I) describe any changes pursued 

15 by the administering entity in re16 sponse to comments received during 

17 the comment period; and 

18 (II) include a written response to 

19 each comment received during the 

20 comment period. 

21 (3) PLANNING GRANTS.— 

22 (A) IN GENERAL.—Beginning in the first 

23 fiscal year that begins after the date of the en24 actment of this Act, the Assistant Secretary 

25 shall, in accordance with the requirements of 


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1 this paragraph, award planning grants to 

2 States for the purpose of developing the State 

3 Digital Equity Plans of those States under this 

4 subsection. 

5 (B) ELIGIBILITY.—In order to be awarded 

6 a planning grant under this paragraph, a 

7 State— 

8 (i) shall submit to the Assistant Sec9 retary an application under subparagraph 

10 (C); and 

11 (ii) may not have been awarded, at 

12 any time, a planning grant under this 

13 paragraph. 

14 (C) APPLICATION.—A State that wishes to 

15 be awarded a planning grant under this para16 graph shall, not later than 60 days after the 

17 date on which the notice of funding availability 

18 with respect to the grant is released, submit to 

19 the Assistant Secretary an application, in a for20 mat to be determined by the Assistant Sec21 retary, that contains the following materials: 

22 (i) A description of the entity selected 

23 to serve as the administering entity for the 

24 State, as described in subsection (b). 


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1 (ii) A certification from the State 

2 that, not later than 1 year after the date 

3 on which the Assistant Secretary awards 

4 the planning grant to the State, the ad5 ministering entity for that State will sub6 mit to the Assistant Secretary a State Dig7 ital Equity Plan developed under this sub8 section, which will comply with the require9 ments of this subsection, including the re10 quirements of paragraph (2). 

11 (iii) The assurances required under 

12 subsection (e). 

13 (D) AWARDS.— 

14 (i) AMOUNT OF GRANT.—The amount 

15 of a planning grant awarded to an eligible 

16 State under this paragraph shall be deter17 mined according to the formula under sub18 section (d)(3)(A)(i). 

19 (ii) DURATION.— 

20 (I) IN GENERAL.—Except as pro21 vided in subclause (II), with respect to 

22 a planning grant awarded to an eligi23 ble State under this paragraph, the 

24 State shall expend the grant funds 

25 during the 1-year period beginning on 


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1 the date on which the State is award2 ed the grant funds. 

3 (II) EXCEPTION.—The Assistant 

4 Secretary may grant an extension of 

5 not longer than 180 days with respect 

6 to the requirement under subclause 

7 (I). 

8 (iii) CHALLENGE MECHANISM.—The 

9 Assistant Secretary shall ensure that any 

10 eligible State to which a planning grant is 

11 awarded under this paragraph may appeal 

12 or otherwise challenge in a timely fashion 

13 the amount of the grant awarded to the 

14 State, as determined under clause (i). 

15 (E) USE OF FUNDS.—An eligible State to 

16 which a planning grant is awarded under this 

17 paragraph shall, through the administering en18 tity for that State, use the grant funds only for 

19 the following purposes: 

20 (i) To develop the State Digital Eq21 uity Plan of the State under this sub22 section. 

23 (ii)(I) Subject to subclause (II), to 

24 make subgrants to any of the entities de25 scribed in clauses (i) through (xi) of paraVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 graph (1)(D) to assist in the development 

2 of the State Digital Equity Plan of the 

3 State under this subsection. 

4 (II) If the administering entity for a 

5 State makes a subgrant described in sub6 clause (I), the administering entity shall, 

7 with respect to the subgrant, provide to the 

8 State the assurances required under sub9 section (e). 

10 (d) STATE CAPACITY GRANTS.— 

11 (1) IN GENERAL.—Beginning not later than 2 

12 years after the date on which the Assistant Sec13 retary begins awarding planning grants under sub14 section (c)(3), the Assistant Secretary shall each 

15 year award grants to eligible States to support— 

16 (A) the implementation of the State Dig17 ital Equity Plans of those States; and 

18 (B) digital inclusion activities in those 

19 States. 

20 (2) APPLICATION.—A State that wishes to be 

21 awarded a grant under this subsection shall, not 

22 later than 60 days after the date on which the notice 

23 of funding availability with respect to the grant is 

24 released, submit to the Assistant Secretary an appliVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 cation, in a format to be determined by the Assist2 ant Secretary, that contains the following materials: 

3 (A) A description of the entity selected to 

4 serve as the administering entity for the State, 

5 as described in subsection (b). 

6 (B) The State Digital Equity Plan of that 

7 State, as described in subsection (c). 

8 (C) A certification that the State, acting 

9 through the administering entity for the State, 

10 shall— 

11 (i) implement the State Digital Equity 

12 Plan of the State; and 

13 (ii) make grants in a manner that is 

14 consistent with the aims of the Plan de15 scribed in clause (i). 

16 (D) The assurances required under sub17 section (e). 

18 (E) In the case of a State to which the As19 sistant Secretary has previously awarded a 

20 grant under this subsection, any amendments 

21 to the State Digital Equity Plan of that State, 

22 as compared with the State Digital Equity Plan 

23 of the State previously submitted. 

24 (3) AWARDS.— 

25 (A) AMOUNT OF GRANT.— 


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1 (i) FORMULA.—Subject to clauses (ii), 

2 (iii), and (iv), the Assistant Secretary shall 

3 calculate the amount of a grant awarded to 

4 an eligible State under this subsection in 

5 accordance with the following criteria, 

6 using the best available data for all States 

7 for the fiscal year in which the grant is 

8 awarded: 

9 (I) 50 percent of the total grant 

10 amount shall be based on the popu11 lation of the eligible State in propor12 tion to the total population of all eligi13 ble States. 

14 (II) 25 percent of the total grant 

15 amount shall be based on the number 

16 of individuals in the eligible State who 

17 are members of covered populations in 

18 proportion to the total number of indi19 viduals in all eligible States who are 

20 members of covered populations. 

21 (III) 25 percent of the total 

22 grant amount shall be based on the 

23 lack of availability of broadband serv24 ice and lack of adoption of broadband 

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1 tion to the lack of availability of 

2 broadband service and lack of adop3 tion of broadband service in all eligi4 ble States, which shall be determined 

5 according to data collected— 

6 (aa) from the annual inquiry 

7 of the Commission conducted 

8 under section 706(b) of the Tele9 communications Act of 1996 (47 

10 U.S.C. 1302(b)); 

11 (bb) from the American 

12 Community Survey or, if nec13 essary, other data collected by 

14 the Bureau of the Census; 

15 (cc) from the Internet and 

16 Computer Use Supplement to the 

17 Current Population Survey of the 

18 Bureau of the Census; 

19 (dd) by the Commission pur20 suant to the rules issued under 

21 section 802 of the Communica22 tions Act of 1934 (47 U.S.C. 

23 642); and 

24 (ee) from any other source 

25 that the Assistant Secretary, 


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1 after appropriate notice and op2 portunity for public comment, de3 termines to be appropriate. 

4 (ii) MINIMUM AWARD.—The amount 

5 of a grant awarded to an eligible State 

6 under this subsection in a fiscal year shall 

7 be not less than 0.5 percent of the total 

8 amount made available to award grants to 

9 eligible States for that fiscal year. 

10 (iii) ADDITIONAL AMOUNTS.—If, after 

11 awarding planning grants to States under 

12 subsection (c)(3) and capacity grants to el13 igible States under this subsection in a fis14 cal year, there are amounts remaining to 

15 carry out this section, the Assistant Sec16 retary shall distribute those amounts— 

17 (I) to eligible States to which the 

18 Assistant Secretary has awarded 

19 grants under this subsection for that 

20 fiscal year; and 

21 (II) in accordance with the for22 mula described in clause (i). 

23 (iv) DATA UNAVAILABLE.—If, in a fis24 cal year, the Commonwealth of Puerto 

25 Rico (referred to in this clause as ‘‘Puerto 


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1 Rico’’) is an eligible State and specific data 

2 for Puerto Rico is unavailable for a factor 

3 described in subclause (I), (II), or (III) of 

4 clause (i), the Assistant Secretary shall use 

5 the median data point with respect to that 

6 factor among all eligible States and assign 

7 it to Puerto Rico for the purposes of mak8 ing any calculation under that clause for 

9 that fiscal year. 

10 (B) DURATION.—With respect to a grant 

11 awarded to an eligible State under this sub12 section, the eligible State shall expend the grant 

13 funds during the 5-year period beginning on the 

14 date on which the eligible State is awarded the 

15 grant funds. 

16 (C) CHALLENGE MECHANISM.—The As17 sistant Secretary shall ensure that any eligible 

18 State to which a grant is awarded under this 

19 subsection may appeal or otherwise challenge in 

20 a timely fashion the amount of the grant 

21 awarded to the State, as determined under sub22 paragraph (A). 

23 (D) USE OF FUNDS.—The administering 

24 entity for an eligible State to which a grant is 


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1 awarded under this subsection shall use the 

2 grant amounts for the following purposes: 

3 (i)(I) Subject to subclause (II), to up4 date or maintain the State Digital Equity 

5 Plan of the State. 

6 (II) An administering entity for an el7 igible State to which a grant is awarded 

8 under this subsection may use not more 

9 than 20 percent of the amount of the 

10 grant for the purpose described in sub11 clause (I). 

12 (ii) To implement the State Digital 

13 Equity Plan of the State. 

14 (iii)(I) Subject to subclause (II), to 

15 award a grant to any entity that is de16 scribed in section 11202(b) and is located 

17 in the eligible State in order to— 

18 (aa) assist in the implementation 

19 of the State Digital Equity Plan of 

20 the State; 

21 (bb) pursue digital inclusion ac22 tivities in the State consistent with 

23 the State Digital Equity Plan of the 

24 State; and 


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1 (cc) report to the State regarding 

2 the digital inclusion activities of the 

3 entity. 

4 (II) Before an administering entity 

5 for an eligible State may award a grant 

6 under subclause (I), the administering en7 tity shall require the entity to which the 

8 grant is awarded to certify that— 

9 (aa) the entity shall carry out the 

10 activities required under items (aa), 

11 (bb), and (cc) of that subclause; 

12 (bb) the receipt of the grant shall 

13 not result in unjust enrichment of the 

14 entity; and 

15 (cc) the entity shall cooperate 

16 with any evaluation— 

17 (AA) of any program that 

18 relates to a grant awarded to the 

19 entity; and 

20 (BB) that is carried out by 

21 or for the administering entity, 

22 the Assistant Secretary, or an23 other Federal official. 


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1 (iv)(I) Subject to subclause (II), to 

2 evaluate the efficacy of the efforts funded 

3 by grants made under clause (iii). 

4 (II) An administering entity for an el5 igible State to which a grant is awarded 

6 under this subsection may use not more 

7 than 5 percent of the amount of the grant 

8 for a purpose described in subclause (I). 

9 (v)(I) Subject to subclause (II), for 

10 the administrative costs incurred in car11 rying out the activities described in clauses 

12 (i) through (iv). 

13 (II) An administering entity for an el14 igible State to which a grant is awarded 

15 under this subsection may use not more 

16 than 3 percent of the amount of the grant 

17 for the purpose described in subclause (I). 

18 (e) ASSURANCES.—When applying for a grant under 

19 this section, a State shall include in the application for 

20 that grant assurances that— 

21 (1) if any of the entities described in clauses (i) 

22 through (xi) of subsection (c)(1)(D) or section 

23 11202(b) is awarded grant funds under this section 

24 (referred to in this subsection as a ‘‘covered recipi25 ent’’), provide that— 


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1 (A) the covered recipient shall use the 

2 grant funds in accordance with any applicable 

3 statute, regulation, or application procedure; 

4 (B) the administering entity for that State 

5 shall adopt and use proper methods of admin6 istering any grant that the covered recipient is 

7 awarded, including by— 

8 (i) enforcing any obligation imposed 

9 under law on any agency, institution, orga10 nization, or other entity that is responsible 

11 for carrying out the program to which the 

12 grant relates; 

13 (ii) correcting any deficiency in the 

14 operation of a program to which the grant 

15 relates, as identified through an audit or 

16 another monitoring or evaluation proce17 dure; and 

18 (iii) adopting written procedures for 

19 the receipt and resolution of complaints al20 leging a violation of law with respect to a 

21 program to which the grant relates; and 

22 (C) the administering entity for that State 

23 shall cooperate in carrying out any evaluation— 


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1 (i) of any program that relates to a 

2 grant awarded to the covered recipient; 

3 and 

4 (ii) that is carried out by or for the 

5 Assistant Secretary or another Federal of6 ficial; 

7 (2) the administering entity for that State 

8 shall— 

9 (A) use fiscal control and fund accounting 

10 procedures that ensure the proper disbursement 

11 of, and accounting for, any Federal funds that 

12 the State is awarded under this section; 

13 (B) submit to the Assistant Secretary any 

14 reports that may be necessary to enable the As15 sistant Secretary to perform the duties of the 

16 Assistant Secretary under this section; 

17 (C) maintain any records and provide any 

18 information to the Assistant Secretary, includ19 ing those records, that the Assistant Secretary 

20 determines is necessary to enable the Assistant 

21 Secretary to perform the duties of the Assistant 

22 Secretary under this section; and 

23 (D) with respect to any significant pro24 posed change or amendment to the State Dig25 ital Equity Plan for the State, make the change 


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1 or amendment available for public comment in 

2 accordance with subsection (c)(2); and 

3 (3) the State, before submitting to the Assist4 ant Secretary the State Digital Equity Plan of the 

5 State, has complied with the requirements of sub6 section (c)(2). 

7 (f) TERMINATION OF GRANT.— 

8 (1) IN GENERAL.—In addition to other author9 ity under applicable law, the Assistant Secretary 

10 shall terminate a grant awarded to an eligible State 

11 under this section if, after notice to the State and 

12 opportunity for a hearing, the Assistant Secretary 

13 determines, and presents to the State a rationale 

14 and supporting information that clearly dem15 onstrates, that— 

16 (A) the grant funds are not contributing to 

17 the development or implementation of the State 

18 Digital Equity Plan of the State, as applicable; 

19 (B) the State is not upholding assurances 

20 made by the State to the Assistant Secretary 

21 under subsection (e); or 

22 (C) the grant is no longer necessary to 

23 achieve the original purpose for which the As24 sistant Secretary awarded the grant. 


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1 (2) REDISTRIBUTION.—If the Assistant Sec2 retary, in a fiscal year, terminates a grant under 

3 paragraph (1) or under other authority under appli4 cable law, the Assistant Secretary shall redistribute 

5 the unspent grant amounts— 

6 (A) to eligible States to which the Assist7 ant Secretary has awarded grants under sub8 section (d) for that fiscal year; and 

9 (B) in accordance with the formula de10 scribed in subsection (d)(3)(A)(i). 

11 (g) REPORTING AND INFORMATION REQUIREMENTS; 

12 INTERNET DISCLOSURE.—The Assistant Secretary— 

13 (1) shall— 

14 (A) require any entity to which a grant, in15 cluding a subgrant, is awarded under this sec16 tion to publicly report, for each year during the 

17 period described in subsection (c)(3)(D)(ii) or 

18 (d)(3)(B), as applicable, with respect to the 

19 grant, and in a format specified by the Assist20 ant Secretary, on— 

21 (i) the use of that grant by the entity; 

22 (ii) the progress of the entity towards 

23 fulfilling the objectives for which the grant 

24 was awarded; and 


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1 (iii) the implementation of the State 

2 Digital Equity Plan of the State; 

3 (B) establish appropriate mechanisms to 

4 ensure that any entity to which a grant, includ5 ing a subgrant, is awarded under this section— 

6 (i) uses the grant amounts in an ap7 propriate manner; and 

8 (ii) complies with all terms with re9 spect to the use of the grant amounts; and 

10 (C) create and maintain a fully searchable 

11 database, which shall be accessible on the inter12 net at no cost to the public, that contains, at 

13 a minimum— 

14 (i) the application of each State that 

15 has applied for a grant under this section; 

16 (ii) the status of each application de17 scribed in clause (i); 

18 (iii) each report submitted by an enti19 ty under subparagraph (A); 

20 (iv) a record of public comments re21 ceived during the comment period de22 scribed in subsection (c)(2)(A) regarding 

23 the State Digital Equity Plan of a State, 

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1 tions taken as a result of those comments; 

2 and 

3 (v) any other information that the As4 sistant Secretary considers appropriate to 

5 ensure that the public has sufficient infor6 mation to understand and monitor grants 

7 awarded under this section; and 

8 (2) may establish additional reporting and in9 formation requirements for any recipient of a grant 

10 under this section. 

11 (h) SUPPLEMENT NOT SUPPLANT.—A grant or 

12 subgrant awarded under this section shall supplement, not 

13 supplant, other Federal or State funds that have been 

14 made available to carry out activities described in this sec15 tion. 

16 (i) SET ASIDES.—From amounts made available in 

17 a fiscal year to carry out the Program, the Assistant Sec18 retary shall reserve— 

19 (1) not more than 5 percent for the implemen20 tation and administration of the Program, which 

21 shall include— 

22 (A) providing technical support and assist23 ance, including ensuring consistency in data re24 porting; 

25 (B) providing assistance to— 


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1 (i) States, or administering entities 

2 for States, to prepare the applications of 

3 those States; and 

4 (ii) administering entities with respect 

5 to grants awarded under this section; 

6 (C) developing the report required under 

7 section 11203(a); and 

8 (D) providing assistance specific to Indian 

9 Tribes, tribally designated entities, and Native 

10 Hawaiian organizations, including— 

11 (i) conducting annual outreach to In12 dian Tribes and Native Hawaiian organiza13 tions on the availability of technical assist14 ance for applying for or otherwise partici15 pating in the Program; 

16 (ii) providing technical assistance at 

17 the request of any Indian Tribe, tribally 

18 designated entity, or Native Hawaiian or19 ganization that is applying for or partici20 pating in the Program in order to facilitate 

21 the fulfillment of any applicable require22 ments in subsections (c) and (d); and 

23 (iii) providing additional technical as24 sistance at the request of any Indian 

25 Tribe, tribally designated entity, or Native 


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1 Hawaiian organization that is applying for 

2 or participating in the Program to improve 

3 the development or implementation of a 

4 Digital Equity plan, such as— 

5 (I) assessing all Federal pro6 grams that are available to assist the 

7 Indian Tribe, tribally designated enti8 ty, or Native Hawaiian organization 

9 in meeting the goals of a Digital Eq10 uity plan; 

11 (II) identifying all applicable 

12 Federal, State, and Tribal statutory 

13 provisions, regulations, policies, and 

14 procedures that the Assistant Sec15 retary determines are necessary to ad16 here to for the deployment of 

17 broadband service; 

18 (III) identifying obstacles to the 

19 deployment of broadband service 

20 under a Digital Equity plan, as well 

21 as potential solutions; or 

22 (IV) identifying activities that 

23 may be necessary to the success of a 

24 Digital Equity plan, including digital 

25 literacy training, technical support, 


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1 privacy and cybersecurity expertise, 

2 and other end-user technology needs; 

3 and 

4 (2) not less than 5 percent to award grants di5 rectly to Indian Tribes, tribally designated entities, 

6 and Native Hawaiian organizations to allow those 

7 Tribes, entities, and organizations to carry out the 

8 activities described in this section. 

9 (j) RULES.—The Assistant Secretary may prescribe 

10 such rules as may be necessary to carry out this section. 

11 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Assistant Sec13 retary— 

14 (1) for the award of grants under subsection 

15 (c)(3), $60,000,000 for fiscal year 2022, and such 

16 amount is authorized to remain available through 

17 fiscal year 2026; and 

18 (2) for the award of grants under subsection 

19 (d), $625,000,000 for fiscal year 2022, and such 

20 amount is authorized to remain available through 

21 fiscal year 2026. 

22 SEC. 11202. DIGITAL EQUITY COMPETITIVE GRANT PRO23 GRAM. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Not later than 30 days after 

2 the date on which the Assistant Secretary begins 

3 awarding grants under section 11201(d), and not 

4 before that date, the Assistant Secretary shall estab5 lish in the Office the Digital Equity Competitive 

6 Grant Program (referred to in this section as the 

7 ‘‘Program’’), the purpose of which is to award 

8 grants to support efforts to achieve digital equity, 

9 promote digital inclusion activities, and spur greater 

10 adoption of broadband service among covered popu11 lations. 

12 (2) CONSULTATION; NO CONFLICT.—In estab13 lishing the Program under paragraph (1), the As14 sistant Secretary— 

15 (A) may consult a State with respect to— 

16 (i) the identification of groups de17 scribed in subparagraphs (A) through (H) 

18 of section 10001(6) located in that State; 

19 and 

20 (ii) the allocation of grant funds with21 in that State for projects in or affecting 

22 the State; and 

23 (B) shall— 

24 (i) consult with— 

25 (I) the Secretary of Agriculture; 


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1 (II) the Secretary of Housing 

2 and Urban Development; 

3 (III) the Secretary of Education; 

4 (IV) the Secretary of Labor; 

5 (V) the Secretary of Health and 

6 Human Services; 

7 (VI) the Secretary of Veterans 

8 Affairs; 

9 (VII) the Secretary of the Inte10 rior; 

11 (VIII) the Assistant Secretary for 

12 Indian Affairs of the Department of 

13 the Interior; 

14 (IX) the Commission; 

15 (X) the Federal Trade Commis16 sion; 

17 (XI) the Director of the Institute 

18 of Museum and Library Services; 

19 (XII) the Administrator of the 

20 Small Business Administration; 

21 (XIII) the Federal Cochairman 

22 of the Appalachian Regional Commis23 sion; and 

24 (XIV) the head of any other Fed25 eral agency that the Assistant SecVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 retary determines to be appropriate; 

2 and 

3 (ii) ensure that the Program com4 plements and enhances, and does not con5 flict with, other Federal broadband support 

6 programs and Universal Service Fund Pro7 grams. 

8 (b) ELIGIBILITY.—The Assistant Secretary may 

9 award a grant under the Program to any of the following 

10 entities if the entity is not serving, and has not served, 

11 as the administering entity for a State under section 

12 11201(b): 

13 (1) A political subdivision, agency, or instru14 mentality of a State, including an agency of a State 

15 that is responsible for administering or supervising 

16 adult education and literacy activities in the State. 

17 (2) An Indian Tribe, a tribally designated enti18 ty, or a Native Hawaiian organization. 

19 (3) An entity that is— 

20 (A) a not-for-profit entity; and 

21 (B) not a school. 

22 (4) An anchor institution. 

23 (5) A local educational agency. 

24 (6) An entity that carries out a workforce devel25 opment program. 


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1 (7) A consortium of any of the entities de2 scribed in paragraphs (1) through (6). 

3 (8) A consortium of— 

4 (A) an entity described in any of para5 graphs (1) through (6); and 

6 (B) an entity that— 

7 (i) the Assistant Secretary, by rule, 

8 determines to be in the public interest; and 

9 (ii) is not a school. 

10 (c) APPLICATION.—An entity that wishes to be 

11 awarded a grant under the Program shall submit to the 

12 Assistant Secretary an application— 

13 (1) at such time, in such form, and containing 

14 such information as the Assistant Secretary may re15 quire; and 

16 (2) that— 

17 (A) provides a detailed explanation of how 

18 the entity will use any grant amounts awarded 

19 under the Program to carry out the purposes of 

20 the Program in an efficient and expeditious 

21 manner; 

22 (B) identifies the period in which the ap23 plicant will expend the grant funds awarded 

24 under the Program; 

25 (C) includes— 


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1 (i) a justification for the amount of 

2 the grant that the applicant is requesting; 

3 and 

4 (ii) for each fiscal year in which the 

5 applicant will expend the grant funds, a 

6 budget for the activities that the grant 

7 funds will support; 

8 (D) demonstrates to the satisfaction of the 

9 Assistant Secretary that the entity— 

10 (i) is capable of carrying out the 

11 project or function to which the application 

12 relates and the activities described in sub13 section (h)— 

14 (I) in a competent manner; and 

15 (II) in compliance with all appli16 cable Federal, State, and local laws; 

17 and 

18 (ii) if the applicant is an entity de19 scribed in subsection (b)(1), will appro20 priate or otherwise unconditionally obligate 

21 from non-Federal sources funds that are 

22 necessary to meet the requirements of sub23 section (e); 

24 (E) discloses to the Assistant Secretary the 

25 source and amount of other Federal, State, or 


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1 outside funding sources from which the entity 

2 receives, or has applied for, funding for activi3 ties or projects to which the application relates; 

4 and 

5 (F) provides— 

6 (i) the assurances that are required 

7 under subsection (f); and 

8 (ii) an assurance that the entity shall 

9 follow such additional procedures as the 

10 Assistant Secretary may require to ensure 

11 that grant funds are used and accounted 

12 for in an appropriate manner. 

13 (d) AWARD OF GRANTS.— 

14 (1) FACTORS CONSIDERED IN AWARD OF

15 GRANTS.—In deciding whether to award a grant 

16 under the Program, the Assistant Secretary shall, to 

17 the extent practicable, consider— 

18 (A) whether— 

19 (i) an application will, if approved— 

20 (I) increase access to broadband 

21 service and the adoption of broadband 

22 service among covered populations to 

23 be served by the applicant; and 

24 (II) not result in unjust enrich25 ment; and 


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1 (ii) the applicant is, or plans to sub2 contract with, a socially and economically 

3 disadvantaged small business concern; 

4 (B) the comparative geographic diversity of 

5 the application in relation to other eligible ap6 plications; and 

7 (C) the extent to which an application may 

8 duplicate or conflict with another program. 

9 (2) USE OF FUNDS.— 

10 (A) IN GENERAL.—In addition to the ac11 tivities required under subparagraph (B), an 

12 entity to which the Assistant Secretary awards 

13 a grant under the Program shall use the grant 

14 amounts to support not less than one of the fol15 lowing activities: 

16 (i) To develop and implement digital 

17 inclusion activities that benefit covered 

18 populations. 

19 (ii) To facilitate the adoption of 

20 broadband service by covered populations, 

21 including by raising awareness of subsidies 

22 available to increase affordability of such 

23 service (including subsidies available 

24 through the Commission), in order to proVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 vide educational and employment opportu2 nities to those populations. 

3 (iii) To implement, consistent with the 

4 purposes of this part— 

5 (I) training programs for covered 

6 populations that cover basic, ad7 vanced, and applied skills; or 

8 (II) other workforce development 

9 programs. 

10 (iv) To make available equipment, in11 strumentation, networking capability, hard12 ware and software, or digital network tech13 nology for broadband service to covered 

14 populations at low or no cost. 

15 (v) To construct, upgrade, expend, or 

16 operate new or existing public access com17 puting centers for covered populations 

18 through anchor institutions. 

19 (vi) To undertake any other project or 

20 activity that the Assistant Secretary finds 

21 to be consistent with the purposes for 

22 which the Program is established. 

23 (B) EVALUATION.— 

24 (i) IN GENERAL.—An entity to which 

25 the Assistant Secretary awards a grant 


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1 under the Program shall use not more 

2 than 10 percent of the grant amounts to 

3 measure and evaluate the activities sup4 ported with the grant amounts. 

5 (ii) SUBMISSION TO ASSISTANT SEC6 RETARY.—An entity to which the Assistant 

7 Secretary awards a grant under the Pro8 gram shall submit to the Assistant Sec9 retary each measurement and evaluation 

10 performed under clause (i)— 

11 (I) in a manner specified by the 

12 Assistant Secretary; 

13 (II) not later than 15 months 

14 after the date on which the entity is 

15 awarded the grant amounts; and 

16 (III) annually after the submis17 sion described in subclause (II) for 

18 any year in which the entity expends 

19 grant amounts. 

20 (C) ADMINISTRATIVE COSTS.—An entity to 

21 which the Assistant Secretary awards a grant 

22 under the Program may use not more than 10 

23 percent of the amount of the grant for adminis24 trative costs in carrying out any of the activities 

25 described in subparagraph (A). 


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1 (D) TIME LIMITATIONS.—With respect to 

2 a grant awarded to an entity under the Pro3 gram, the entity— 

4 (i) except as provided in clause (ii), 

5 shall expend the grant amounts during the 

6 4-year period beginning on the date on 

7 which the entity is awarded the grant 

8 amounts; and 

9 (ii) during the 1-year period beginning 

10 on the date that is 4 years after the date 

11 on which the entity is awarded the grant 

12 amounts, may continue to measure and 

13 evaluate the activities supported with the 

14 grant amounts, as required under subpara15 graph (B). 

16 (E) CONTRACTING REQUIREMENTS.—All 

17 laborers and mechanics employed by contractors 

18 or subcontractors in the performance of con19 struction, alteration, or repair work carried out, 

20 in whole or in part, with a grant under the Pro21 gram shall be paid wages at rates not less than 

22 those prevailing on projects of a similar char23 acter in the locality as determined by the Sec24 retary of Labor in accordance with subchapter 

25 IV of chapter 31 of title 40, United States 


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1 Code. With respect to the labor standards in 

2 this subparagraph, the Secretary of Labor shall 

3 have the authority and functions set forth in 

4 Reorganization Plan Numbered 14 of 1950 (64 

5 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

6 title 40, United States Code. 

7 (F) NEUTRALITY REQUIREMENT.—An em8 ployer to which the Assistant Secretary awards 

9 a grant under the Program shall remain neutral 

10 with respect to the exercise of employees and 

11 labor organizations of the right to organize and 

12 bargain under the National Labor Relations Act 

13 (29 U.S.C. 151 et seq.). 

14 (G) REFERRAL OF ALLEGED VIOLATIONS

15 OF APPLICABLE FEDERAL LABOR AND EMPLOY16 MENT LAWS.—The Assistant Secretary shall 

17 refer any alleged violation of an applicable labor 

18 and employment law to the appropriate Federal 

19 agency for investigation and enforcement, any 

20 alleged violation of subparagraph (E) or (F) to 

21 the National Labor Relations Board for inves22 tigation and enforcement, utilizing all appro23 priate remedies up to and including debarment 

24 from the Program. 

25 (e) FEDERAL SHARE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Federal share of any project for 

3 which the Assistant Secretary awards a grant under 

4 the Program may not exceed 90 percent. 

5 (2) EXCEPTION.—The Assistant Secretary may 

6 grant a waiver with respect to the limitation on the 

7 Federal share of a project described in paragraph 

8 (1) if— 

9 (A) the applicant with respect to the 

10 project petitions the Assistant Secretary for the 

11 waiver; and 

12 (B) the Assistant Secretary determines 

13 that the petition described in subparagraph (A) 

14 demonstrates financial need. 

15 (f) ASSURANCES.—When applying for a grant under 

16 this section, an entity shall include in the application for 

17 that grant assurances that the entity will— 

18 (1) use any grant funds that the entity is 

19 awarded in accordance with any applicable statute, 

20 regulation, or application procedure; 

21 (2) adopt and use proper methods of admin22 istering any grant that the entity is awarded, includ23 ing by— 

24 (A) enforcing any obligation imposed under 

25 law on any agency, institution, organization, or 


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1 other entity that is responsible for carrying out 

2 a program to which the grant relates; 

3 (B) correcting any deficiency in the oper4 ation of a program to which the grant relates, 

5 as identified through an audit or another moni6 toring or evaluation procedure; and 

7 (C) adopting written procedures for the re8 ceipt and resolution of complaints alleging a 

9 violation of law with respect to a program to 

10 which the grant relates; 

11 (3) cooperate with respect to any evaluation— 

12 (A) of any program that relates to a grant 

13 awarded to the entity; and 

14 (B) that is carried out by or for the Assist15 ant Secretary or another Federal official; 

16 (4) use fiscal control and fund accounting pro17 cedures that ensure the proper disbursement of, and 

18 accounting for, any Federal funds that the entity is 

19 awarded under the Program; 

20 (5) submit to the Assistant Secretary any re21 ports that may be necessary to enable the Assistant 

22 Secretary to perform the duties of the Assistant Sec23 retary under the Program; and 

24 (6) maintain any records and provide any infor25 mation to the Assistant Secretary, including those 


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1 records, that the Assistant Secretary determines is 

2 necessary to enable the Assistant Secretary to per3 form the duties of the Assistant Secretary under the 

4 Program. 

5 (g) TERMINATION OF GRANT.—In addition to other 

6 authority under applicable law, the Assistant Secretary 

7 shall— 

8 (1) terminate a grant awarded to an entity 

9 under this section if, after notice to the entity and 

10 opportunity for a hearing, the Assistant Secretary 

11 determines, and presents to the entity a rationale 

12 and supporting information that clearly dem13 onstrates, that— 

14 (A) the grant funds are not being used in 

15 a manner that is consistent with the application 

16 with respect to the grant submitted by the enti17 ty under subsection (c); 

18 (B) the entity is not upholding assurances 

19 made by the entity to the Assistant Secretary 

20 under subsection (f); or 

21 (C) the grant is no longer necessary to 

22 achieve the original purpose for which the As23 sistant Secretary awarded the grant; and 

24 (2) with respect to any grant funds that the As25 sistant Secretary terminates under paragraph (1) or 


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1 under other authority under applicable law, competi2 tively award the grant funds to another applicant (if 

3 such an applicant exists), consistent with the re4 quirements of this section. 

5 (h) REPORTING AND INFORMATION REQUIREMENTS; 

6 INTERNET DISCLOSURE.—The Assistant Secretary— 

7 (1) shall— 

8 (A) require any entity to which the Assist9 ant Secretary awards a grant under the Pro10 gram to, for each year during the period de11 scribed in clause (i) of subsection (d)(2)(D) 

12 with respect to the grant and during the period 

13 described in clause (ii) of such subsection with 

14 respect to the grant if the entity continues to 

15 measure and evaluate the activities supported 

16 with the grant amounts during such period, 

17 submit to the Assistant Secretary a report, in 

18 a format specified by the Assistant Secretary, 

19 regarding— 

20 (i) the use by the entity of the grant 

21 amounts; and 

22 (ii) the progress of the entity towards 

23 fulfilling the objectives for which the grant 

24 was awarded; 


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1 (B) establish mechanisms to ensure appro2 priate use of, and compliance with respect to all 

3 terms regarding, grant funds awarded under 

4 the Program; 

5 (C) create and maintain a fully searchable 

6 database, which shall be accessible on the inter7 net at no cost to the public, that contains, at 

8 a minimum— 

9 (i) a list of each entity that has ap10 plied for a grant under the Program; 

11 (ii) a description of each application 

12 described in clause (i), including the pro13 posed purpose of each grant described in 

14 that clause; 

15 (iii) the status of each application de16 scribed in clause (i), including whether the 

17 Assistant Secretary has awarded a grant 

18 with respect to the application and, if so, 

19 the amount of the grant; 

20 (iv) each report submitted by an enti21 ty under subparagraph (A); and 

22 (v) any other information that the As23 sistant Secretary considers appropriate to 

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1 mation to understand and monitor grants 

2 awarded under the Program; and 

3 (D) ensure that any entity with respect to 

4 which an award is terminated under subsection 

5 (g) may, in a timely manner, appeal or other6 wise challenge that termination; and 

7 (2) may establish additional reporting and in8 formation requirements for any recipient of a grant 

9 under the Program. 

10 (i) SUPPLEMENT NOT SUPPLANT.—A grant awarded 

11 to an entity under the Program shall supplement, not sup12 plant, other Federal or State funds that have been made 

13 available to the entity to carry out activities described in 

14 this section. 

15 (j) SET ASIDES.—From amounts made available in 

16 a fiscal year to carry out the Program, the Assistant Sec17 retary shall reserve— 

18 (1) not more than 5 percent for the implemen19 tation and administration of the Program, which 

20 shall include— 

21 (A) providing technical support and assist22 ance, including ensuring consistency in data re23 porting; 


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1 (B) providing assistance to entities to pre2 pare the applications of those entities with re3 spect to grants awarded under this section; 

4 (C) developing the report required under 

5 section 11203(a); and 

6 (D) conducting outreach to entities that 

7 may be eligible to be awarded a grant under the 

8 Program regarding opportunities to apply for 

9 such a grant; and 

10 (2) not less than 5 percent to award grants di11 rectly to Indian Tribes, tribally designated entities, 

12 and Native Hawaiian organizations to allow those 

13 Tribes, entities, and organizations to carry out the 

14 activities described in this section. 

15 (k) RULES.—The Assistant Secretary may prescribe 

16 such rules as may be necessary to carry out this section. 

17 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Assistant Sec19 retary $625,000,000 to carry out this section for fiscal 

20 year 2022, and such amount is authorized to remain avail21 able through fiscal year 2026. 

22 SEC. 11203. POLICY RESEARCH, DATA COLLECTION, ANAL23 YSIS AND MODELING, EVALUATION, AND DIS24 SEMINATION. 

25 (a) REPORTING REQUIREMENTS.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date on which the Assistant Secretary begins 

3 awarding grants under section 11201(d), and annu4 ally thereafter, the Assistant Secretary shall— 

5 (A) submit to the appropriate committees 

6 of Congress a report that documents, for the 

7 year covered by the report— 

8 (i) the findings of each evaluation 

9 conducted under subparagraph (B); 

10 (ii) a list of each grant awarded under 

11 each covered program, which shall in12 clude— 

13 (I) the amount of each such 

14 grant; 

15 (II) the recipient of each such 

16 grant; and 

17 (III) the purpose for which each 

18 such grant was awarded; 

19 (iii) any termination or modification 

20 of a grant awarded under the covered pro21 grams, which shall include a description of 

22 the subsequent usage of any funds to 

23 which such an action applies; and 

24 (iv) each challenge made by an appli25 cant for, or a recipient of, a grant under 


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1 the covered programs and the outcome of 

2 each such challenge; and 

3 (B) conduct evaluations of the activities 

4 carried out under the covered programs, which 

5 shall include an evaluation of— 

6 (i) whether eligible States to which 

7 grants are awarded under the program es8 tablished under section 11201 are— 

9 (I) abiding by the assurances 

10 made by those States under sub11 section (e) of that section; 

12 (II) meeting, or have met, the 

13 stated goals of the State Digital Eq14 uity Plans developed by the States 

15 under subsection (c) of that section; 

16 (III) satisfying the requirements 

17 imposed by the Assistant Secretary on 

18 those States under subsection (g) of 

19 that section; and 

20 (IV) in compliance with any 

21 other rules, requirements, or regula22 tions promulgated by the Assistant 

23 Secretary in implementing that pro24 gram; and 


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1 (ii) whether entities to which grants 

2 are awarded under the program established 

3 under section 11202 are— 

4 (I) abiding by the assurances 

5 made by those entities under sub6 section (f) of that section; 

7 (II) meeting, or have met, the 

8 stated goals of those entities with re9 spect to the use of the grant amounts; 

10 (III) satisfying the requirements 

11 imposed by the Assistant Secretary on 

12 those entities under subsection (h) of 

13 that section; and 

14 (IV) in compliance with any 

15 other rules, requirements, or regula16 tions promulgated by the Assistant 

17 Secretary in implementing that pro18 gram. 

19 (2) PUBLIC AVAILABILITY.—The Assistant Sec20 retary shall make each report submitted under para21 graph (1)(A) publicly available in an online format 

22 that— 

23 (A) facilitates access and ease of use; 

24 (B) is searchable; and 

25 (C) is accessible— 


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1 (i) to individuals with disabilities; and 

2 (ii) in languages other than English. 

3 (b) AUTHORITY TO CONTRACT AND ENTER INTO

4 OTHER ARRANGEMENTS.—The Assistant Secretary may 

5 award grants and enter into contracts, cooperative agree6 ments, and other arrangements with Federal agencies, 

7 public and private organizations, and other entities with 

8 expertise that the Assistant Secretary determines appro9 priate in order to— 

10 (1) evaluate the impact and efficacy of activities 

11 supported by grants awarded under the covered pro12 grams; and 

13 (2) develop, catalog, disseminate, and promote 

14 the exchange of best practices, both with respect to 

15 and independent of the covered programs, in order 

16 to achieve digital equity. 

17 (c) CONSULTATION AND PUBLIC ENGAGEMENT.—In 

18 carrying out subsection (a), and to further the objectives 

19 described in paragraphs (1) and (2) of subsection (b), the 

20 Assistant Secretary shall conduct ongoing collaboration 

21 and consult with— 

22 (1) the Secretary of Agriculture; 

23 (2) the Secretary of Housing and Urban Devel24 opment; 

25 (3) the Secretary of Education; 


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1 (4) the Secretary of Labor; 

2 (5) the Secretary of Health and Human Serv3 ices; 

4 (6) the Secretary of Veterans Affairs; 

5 (7) the Secretary of the Interior; 

6 (8) the Assistant Secretary for Indian Affairs of 

7 the Department of the Interior; 

8 (9) the Commission; 

9 (10) the Federal Trade Commission; 

10 (11) the Director of the Institute of Museum 

11 and Library Services; 

12 (12) the Administrator of the Small Business 

13 Administration; 

14 (13) the Federal Cochairman of the Appa15 lachian Regional Commission; 

16 (14) State agencies and governors of States (or 

17 equivalent officials); 

18 (15) entities serving as administering entities 

19 for States under section 11201(b); 

20 (16) national, State, Tribal, and local organiza21 tions that conduct digital inclusion activities, pro22 mote digital equity, or provide digital literacy serv23 ices; 

24 (17) researchers, academics, and philanthropic 

25 organizations; and 


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1 (18) other agencies, organizations (including 

2 international organizations), entities (including enti3 ties with expertise in the fields of data collection, 

4 analysis and modeling, and evaluation), and commu5 nity stakeholders, as determined appropriate by the 

6 Assistant Secretary. 

7 (d) TECHNICAL SUPPORT AND ASSISTANCE.—The 

8 Assistant Secretary shall provide technical support and as9 sistance to potential applicants for the covered programs 

10 and entities awarded grants under the covered programs, 

11 to ensure consistency in data reporting and to meet the 

12 objectives of this section. 

13 SEC. 11204. GENERAL PROVISIONS. 

14 (a) NONDISCRIMINATION.— 

15 (1) IN GENERAL.—No individual in the United 

16 States may, on the basis of actual or perceived race, 

17 color, religion, national origin, sex, gender identity, 

18 sexual orientation, age, or disability, be excluded 

19 from participation in, be denied the benefits of, or 

20 be subjected to discrimination under any program or 

21 activity that is funded in whole or in part with funds 

22 made available under this part. 

23 (2) ENFORCEMENT.—The Assistant Secretary 

24 shall effectuate paragraph (1) with respect to any 

25 program or activity described in that paragraph by 


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1 issuing regulations and taking actions consistent 

2 with section 602 of the Civil Rights Act of 1964 (42 

3 U.S.C. 2000d–1). 

4 (3) JUDICIAL REVIEW.—Judicial review of an 

5 action taken by the Assistant Secretary under para6 graph (2) shall be available to the extent provided in 

7 section 603 of the Civil Rights Act of 1964 (42 

8 U.S.C. 2000d–2). 

9 (b) TECHNOLOGICAL NEUTRALITY.—The Assistant 

10 Secretary shall, to the extent practicable, carry out this 

11 part in a technologically neutral manner. 

12 (c) AUDIT AND OVERSIGHT.—There are authorized 

13 to be appropriated to the Office of Inspector General of 

14 the Department of Commerce for audits and oversight of 

15 funds made available to carry out this part, $1,000,000 

16 for fiscal year 2022, and such amount is authorized to 

17 remain available through fiscal year 2026. 


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1 Subtitle B—Broadband Afford2 ability and Pricing Trans3 parency 

4 PART 1—BROADBAND AFFORDABILITY 

5 SEC. 12101. AUTHORIZATION FOR ADDITIONAL FUNDS FOR 

6 THE EMERGENCY BROADBAND CONNECTIV7 ITY FUND. 

8 There are authorized to be appropriated to the Emer9 gency Broadband Connectivity Fund established under 

10 subsection (i) of section 904 of title IX of division N of 

11 the Consolidated Appropriations Act, 2021 (Public Law 

12 116–260) $6,000,000,000 for fiscal year 2022 for the pur13 poses described in paragraph (3) of such subsection, and 

14 such amount is authorized to remain available through fis15 cal year 2026. 

16 SEC. 12102. GRANTS TO STATES TO STRENGTHEN NA17 TIONAL LIFELINE ELIGIBILITY VERIFIER. 

18 (a) IN GENERAL.—Not later than 45 days after the 

19 date of the enactment of this Act, the Commission shall 

20 establish a program to provide a grant, from amounts ap21 propriated under subsection (d), to each eligible entity for 

22 the purpose described under subsection (b). 

23 (b) PURPOSE.—The Commission shall make a grant 

24 to each eligible entity for the purpose of establishing or 

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1 tity that contain information concerning the receipt by a 

2 household, or a member of a household, of benefits under 

3 a program administered by such entity (including any ben4 efit provided under the supplemental nutrition assistance 

5 program under the Food and Nutrition Act of 2008 (7 

6 U.S.C. 2011 et seq.)) and the National Lifeline Eligibility 

7 Verifier so that the receipt by a household, or a member 

8 of a household, of benefits under such benefits program— 

9 (1) is reflected in the National Lifeline Eligi10 bility Verifier; and 

11 (2) can be used to verify eligibility for— 

12 (A) the Lifeline program established under 

13 subpart E, part 54, of title 47, Code of Federal 

14 Regulations (or any successor regulation); and 

15 (B) the Emergency Broadband Benefit 

16 Program established under section 904(b) of 

17 title IX of division N of the Consolidated Ap18 propriations Act, 2021 (Public Law 116–260). 

19 (c) DISBURSEMENT OF GRANT FUNDS.—Not later 

20 than 60 days after the program established under sub21 section (a) is established, funds provided under each grant 

22 made under such subsection shall be disbursed to the enti23 ty receiving such grant. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated $200,000,000 for fiscal 


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1 year 2022 for the purposes of carrying out this section, 

2 and such amount is authorized to remain available 

3 through fiscal year 2026. 

4 (e) ELIGIBLE ENTITIES.—In this section, the term 

5 ‘‘eligible entity’’ means an entity that— 

6 (1) is a State or Tribal entity; and 

7 (2) not later than 30 days after the date of the 

8 enactment of this Act, submits to the Commission 

9 an application containing such information as the 

10 Commission may require. 

11 SEC. 12103. FEDERAL COORDINATION BETWEEN NATIONAL 

12 ELIGIBILITY VERIFIER AND NATIONAL ACCU13 RACY CLEARINGHOUSE. 

14 Notwithstanding section 11(x)(2)(C)(i) of the Food 

15 and Nutrition Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), 

16 not later than 180 days after the date of the enactment 

17 of this Act, the Commission shall, in coordination with the 

18 Secretary of Agriculture, establish an automated connec19 tion, to the maximum extent practicable, between the Na20 tional Lifeline Eligibility Verifier and the National Accu21 racy Clearinghouse established under section 11(x) of the 

22 Food and Nutrition Act of 2008 (7 U.S.C. 2020(x)) for 

23 the supplemental nutrition assistance program. 

24 SEC. 12104. DEFINITIONS. 

25 In this part: 


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1 (1) AUTOMATED CONNECTION.—The term 

2 ‘‘automated connection’’ means a connection be3 tween two or more information systems where the 

4 manual input of information in one system leads to 

5 the automatic input of the same information into 

6 any other connected system. 

7 (2) NATIONAL LIFELINE ELIGIBILITY

8 VERIFIER.—The term ‘‘National Lifeline Eligibility 

9 Verifier’’ has the meaning given such term in section 

10 54.400 of title 47, Code of Federal Regulations (or 

11 any successor regulation). 

12 (3) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ 

13 means any of the following: 

14 (A) The governing body of any Indian or 

15 Alaska Native Tribe, band, nation, pueblo, vil16 lage, community, component band, or compo17 nent reservation, individually recognized (in18 cluding parenthetically) in the list published 

19 most recently as of the date of enactment of 

20 this Act pursuant to section 104 of the Feder21 ally Recognized Indian Tribe List Act of 1994 

22 (25 U.S.C. 5131). 

23 (B) The Department of Hawaiian Home 

24 Lands. 


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1 PART 2—ADDITIONAL AUTHORIZATION FOR 

2 EMERGENCY CONNECTIVITY FUND 

3 SEC. 12201. ADDITIONAL AUTHORIZATION FOR EMER4 GENCY CONNECTIVITY FUND. 

5 There is authorized to be appropriated to the Emer6 gency Connectivity Fund established under section 

7 7402(c) of the American Rescue Plan Act of 2021 

8 $2,000,000,000 for fiscal year 2022 for the purposes de9 scribed in such section, and such amount is authorized to 

10 remain available through fiscal year 2026. 

11 PART 3—PRICING TRANSPARENCY 

12 SEC. 12301. DEFINITIONS. 

13 In this part: 

14 (1) BROADBAND INTERNET ACCESS SERVICE.— 

15 The term ‘‘broadband internet access service’’ has 

16 the meaning given the term in section 8.1(b) of title 

17 47, Code of Federal Regulations, or any successor 

18 regulation. 

19 (2) FIXED WIRELESS BROADBAND.—The term 

20 ‘‘fixed wireless broadband’’ means broadband inter21 net access service that serves end users primarily at 

22 fixed endpoints through stationary equipment con23 nected by the use of radio, such as by the use of un24 licensed spectrum. 

25 (3) MOBILE BROADBAND.—The term ‘‘mobile 

26 broadband’’— 


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1 (A) means broadband internet access serv2 ice that serves end users primarily using mobile 

3 stations; 

4 (B) includes services that use smartphones 

5 or mobile network-enabled tablets as the pri6 mary endpoints for connection to the internet; 

7 and 

8 (C) includes mobile satellite broadband 

9 internet access services. 

10 (4) PROVIDER.—The term ‘‘provider’’ means a 

11 provider of fixed or mobile broadband internet access 

12 service. 

13 (5) SATELLITE BROADBAND.—The term ‘‘sat14 ellite broadband’’ means broadband internet access 

15 service that serves end users primarily at fixed 

16 endpoints through stationary equipment connected 

17 by the use of orbital satellites. 

18 (6) TERRESTRIAL FIXED BROADBAND.—The 

19 term ‘‘terrestrial fixed broadband’’ means broadband 

20 internet access service that serves end users pri21 marily at fixed endpoints through stationary equip22 ment connected by wired technology such as cable, 

23 DSL, and fiber. 

24 SEC. 12302. BROADBAND TRANSPARENCY. 

25 (a) RULES.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act, the Commis3 sion shall issue final rules that include a require4 ment for the annual collection by the Commission of 

5 data relating to the price and subscription rates of 

6 terrestrial fixed broadband, fixed wireless 

7 broadband, satellite broadband, and mobile 

8 broadband. 

9 (2) UPDATES.—Not later than 90 days after 

10 the date on which rules are issued under paragraph 

11 (1), and when determined to be necessary by the 

12 Commission thereafter, the Commission shall revise 

13 such rules to verify the accuracy of data submitted 

14 pursuant to such rules. 

15 (3) REDUNDANCY AVOIDANCE.—Nothing in this 

16 section shall be construed to require the Commis17 sion, in order to meet a requirement of this section, 

18 to duplicate an activity that the Commission is un19 dertaking as of the date of the enactment of this 

20 Act, if the Commission refers to such activity in the 

21 rules issued under paragraph (1), such activity 

22 meets the requirements of this section, and the Com23 mission discloses such activity to the public. 

24 (b) CONTENT OF RULES.—The rules issued by the 

25 Commission under subsection (a)(1) shall require the 


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1 Commission to collect from each provider of terrestrial 

2 fixed broadband, fixed wireless broadband, mobile 

3 broadband, or satellite broadband, data that includes— 

4 (1) either the weighted average of the monthly 

5 prices charged to subscribed households within each 

6 census block for each distinct broadband internet ac7 cess service plan or tier of standalone broadband 

8 internet access service, including mandatory equip9 ment charges, usage-based fees, and fees for early 

10 termination of required contracts, or the monthly 

11 price charged to each subscribed household, includ12 ing such charges and fees; 

13 (2) either the mean monthly price within the 

14 duration of subscription contracts offered within 

15 each census block for each distinct broadband inter16 net access service plan or tier of standalone 

17 broadband internet access service, including manda18 tory equipment charges, usage-based fees, and fees 

19 for early termination of required contracts, or the 

20 mean monthly price within the duration of subscrip21 tion contracts offered to each household, including 

22 such charges and fees; 

23 (3) either the subscription rate within each cen24 sus block for each distinct broadband internet access 

25 service plan or tier of standalone broadband internet 


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1 access service, or information regarding the sub2 scription status of each household to which a sub3 scription is offered; 

4 (4) data necessary to demonstrate the actual 

5 price paid by subscribers of broadband internet ac6 cess service at each tier for such service in a manner 

7 that— 

8 (A) takes into account any discounts (or 

9 similar price concessions); and 

10 (B) identifies any additional taxes and fees 

11 (including for the use of equipment related to 

12 the use of a subscription for such service), any 

13 monthly data usage limitation at the stated 

14 price, and the extent to which the price of the 

15 service reflects inclusion within a product bun16 dle; and 

17 (5) data necessary to assess the resiliency of 

18 the broadband internet access service network in the 

19 event of a natural disaster or emergency. 

20 (c) TECHNICAL ASSISTANCE.—The Commission shall 

21 provide technical assistance to small providers (as defined 

22 by the Commission) of broadband internet access service, 

23 to ensure such providers can fulfill the requirements of 

24 this section. 


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1 SEC. 12303. DISTRIBUTION OF DATA. 

2 (a) AVAILABILITY OF DATA.—Subject to subsection 

3 (b), the Commission shall make all data relating to 

4 broadband internet access service collected under rules re5 quired by this part available in a commonly used electronic 

6 format to— 

7 (1) other Federal agencies, including the Na8 tional Telecommunications and Information Admin9 istration, to assist that agency in conducting the 

10 study required by subsection (g) of section 903 of di11 vision FF of the Consolidated Appropriations Act, 

12 2021 (Public Law 116–260), as added by this title; 

13 (2) a broadband office, public utility commis14 sion, broadband mapping program, or other 

15 broadband program of a State, in the case of data 

16 pertaining to the needs of that State; 

17 (3) a unit of local government, in the case of 

18 data pertaining to the needs of that locality; and 

19 (4) an individual or organization conducting re20 search for noncommercial purposes or public interest 

21 purposes. 

22 (b) PROTECTION OF DATA.— 

23 (1) IN GENERAL.—The Commission may not 

24 share any data described in subsection (a) with an 

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1 ing entity or individual has the capability and intent 

2 to protect any personally identifiable information 

3 contained in the data. 

4 (2) DETERMINATION OF PERSONALLY IDENTI5 FIABLE INFORMATION.—The Commission— 

6 (A) shall define the term ‘‘personally iden7 tifiable information’’, for purposes of paragraph 

8 (1), through notice and comment rulemaking; 

9 and 

10 (B) may not share any data under sub11 section (a) before completing the rulemaking 

12 under subparagraph (A). 

13 (c) BALANCING ACCESS AND PROTECTION.—If the 

14 Commission is unable to determine under subsection 

15 (b)(1) that an entity or individual requesting access to 

16 data under subsection (a) has the capability to protect per17 sonally identifiable information contained in the data, the 

18 Commission shall make as much of the data available as 

19 possible in a format that does not compromise personally 

20 identifiable information, through methods such as 

21 anonymization. 


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1 SEC. 12304. COORDINATION WITH CERTAIN OTHER FED2 ERAL AGENCIES. 

3 Section 804(b)(2) of the Communications Act of 

4 1934 (47 U.S.C. 644(b)(2)), as added by the Broadband 

5 DATA Act (Public Law 116–130), is amended— 

6 (1) in subparagraph (A)(ii), by striking the 

7 semicolon at the end and inserting ‘‘; and’’; and 

8 (2) by amending subparagraph (B) to read as 

9 follows: 

10 ‘‘(B) coordinate with the Postmaster Gen11 eral, the heads of other Federal agencies that 

12 operate delivery fleet vehicles, and the Director 

13 of the Bureau of the Census for assistance with 

14 data collection whenever coordination could fea15 sibly yield more specific geographic data.’’; and 

16 (3) by striking subparagraph (C). 

17 SEC. 12305. ADOPTION OF CONSUMER BROADBAND LABELS. 

18 (a) FINAL RULE.—Not later than 1 year after the 

19 date of the enactment of this Act, the Commission shall 

20 promulgate regulations to promote and incentivize the 

21 widespread adoption of broadband consumer labels, as de22 scribed in the Public Notice of the Commission issued on 

23 April 4, 2016 (DA 16–357), to disclose to consumers in24 formation regarding broadband internet access service 

25 plans. 


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1 (b) HEARINGS.—In issuing the final rule under sub2 section (a), the Commission shall conduct a series of pub3 lic hearings to assess, at the time of the proceeding— 

4 (1) how consumers evaluate broadband internet 

5 access service plans; and 

6 (2) whether disclosures to consumers of infor7 mation regarding broadband internet access service 

8 plans, including those required under section 8.1 of 

9 title 47, Code of Federal Regulations, are available, 

10 effective, and sufficient. 

11 SEC. 12306. GAO REPORT. 

12 Not later than one year after the date of the enact13 ment of this Act, the Comptroller General of the United 

14 States shall submit to the Committee on Energy and Com15 merce of the House of Representatives, the Committee on 

16 Agriculture of the House of Representatives, the Com17 mittee on Transportation and Infrastructure of the House 

18 of the Representatives, the Committee on Commerce, 

19 Science, and Transportation of the Senate, the Committee 

20 on Environment and Public Works of the Senate, and the 

21 Committee on Agriculture, Nutrition, and Forestry of the 

22 Senate, a report that evaluates the process used by the 

23 Commission for establishing, reviewing, and updating the 

24 upload and download broadband internet access service 

25 speed thresholds, including— 


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1 (1) how the Commission reviews and updates 

2 broadband internet access speed thresholds; 

3 (2) whether the Commission considers future 

4 broadband internet access service speed needs when 

5 establishing broadband internet access service speed 

6 thresholds, including whether the Commission con7 siders the need, or the anticipated need, for higher 

8 upload or download broadband internet access serv9 ice speeds in the five-year period and the ten-year 

10 period after the date on which a broadband internet 

11 access service speed threshold is to be established; 

12 and 

13 (3) how the Commission considers the impacts 

14 of changing uses of the internet in establishing, re15 viewing, or updating broadband internet access serv16 ice speed thresholds, including— 

17 (A) the proliferation of internet-based busi18 ness; 

19 (B) working remotely and running a busi20 ness from home; 

21 (C) video teleconferencing; 

22 (D) distance learning; 

23 (E) in-house web hosting; and 

24 (F) cloud data storage. 


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1 Subtitle C—Broadband Access 

2 PART 1—EXPANSION OF BROADBAND ACCESS 

3 SEC. 13101. EXPANSION OF BROADBAND ACCESS IN 

4 UNSERVED AREAS AND AREAS WITH LOW5 TIER OR MID-TIER SERVICE. 

6 (a) IN GENERAL.—Title VII of the Communications 

7 Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding 

8 at the end the following new section: 

9 ‘‘SEC. 723. EXPANSION OF BROADBAND ACCESS IN 

10 UNSERVED AREAS AND AREAS WITH LOW11 TIER OR MID-TIER SERVICE. 

12 ‘‘(a) PROGRAM ESTABLISHED.—Not later than 180 

13 days after the date of the enactment of this section, the 

14 Commission, in consultation with the Assistant Secretary, 

15 shall establish a program to expand access to broadband 

16 service for unserved areas, areas with low-tier service, 

17 areas with mid-tier service, and unserved anchor institu18 tions in accordance with the requirements of this section 

19 that— 

20 ‘‘(1) is separate from any universal service pro21 gram established pursuant to section 254; and 

22 ‘‘(2) does not require funding recipients to be 

23 designated as eligible telecommunications carriers 

24 under section 214(e). 

25 ‘‘(b) USE OF PROGRAM FUNDS.— 


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1 ‘‘(1) EXPANDING ACCESS TO BROADBAND SERV2 ICE THROUGH NATIONAL SYSTEM OF COMPETITIVE

3 BIDDING.—Not later than 18 months after the date 

4 of the enactment of this section, the Commission 

5 shall award 75 percent of the amounts appropriated 

6 under subsection (g) through national systems of 

7 competitive bidding to funding recipients only to ex8 pand access to broadband service in unserved areas 

9 and areas with low-tier service. 

10 ‘‘(2) EXPANDING ACCESS TO BROADBAND SERV11 ICE THROUGH STATES.— 

12 ‘‘(A) DISTRIBUTION OF FUNDS TO

13 STATES.—Not later than 255 days after the 

14 date of the enactment of this section, the Com15 mission shall distribute 25 percent of the 

16 amounts appropriated under subsection (g) 

17 among the States, as follows: 

18 ‘‘(i) $100,000,000 shall be distributed 

19 to each of the 50 States, the District of 

20 Columbia, and Puerto Rico. 

21 ‘‘(ii) $100,000,000 shall be allocated 

22 equally among and distributed to the 

23 United States Virgin Islands, Guam, 

24 American Samoa, the Commonwealth of 

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1 lic of the Marshall Islands, the Federated 

2 States of Micronesia, and the Republic of 

3 Palau. 

4 ‘‘(iii) The remainder shall be allocated 

5 among and distributed to the entities de6 scribed in clause (i), in proportion to the 

7 population of each such entity. 

8 ‘‘(B) PUBLIC NOTICE.—Not later than 195 

9 days after the date of the enactment of this sec10 tion, the Commission shall issue a public notice 

11 informing each State and the public of the 

12 amounts to be distributed under this para13 graph. The notice shall include— 

14 ‘‘(i) the manner in which a State shall 

15 inform the Commission of that State’s ac16 ceptance or acceptance in part of the 

17 amounts to be distributed under this para18 graph; 

19 ‘‘(ii) the date (which is 30 days after 

20 the date on which the public notice is 

21 issued) by which such acceptance or ac22 ceptance in part is due; and 

23 ‘‘(iii) the requirements as set forth 

24 under this section and as may be further 

25 prescribed by the Commission. 


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1 ‘‘(C) ACCEPTANCE BY STATES.—Not later 

2 than 30 days after the date on which a public 

3 notice is issued under subparagraph (B), each 

4 State accepting amounts to be distributed 

5 under this paragraph shall inform the Commis6 sion of the acceptance or acceptance in part by 

7 the State of the amounts to be distributed 

8 under this paragraph in the manner described 

9 by the Commission in the public notice. 

10 ‘‘(D) REQUIREMENTS FOR STATE RECEIPT

11 OF AMOUNTS DISTRIBUTED.—Each State ac12 cepting amounts distributed under this para13 graph— 

14 ‘‘(i) shall only award such amounts 

15 through statewide systems of competitive 

16 bidding, in the manner prescribed by the 

17 State but subject to the requirements as 

18 set forth under this section and as may be 

19 further prescribed by the Commission; 

20 ‘‘(ii) shall make such awards only— 

21 ‘‘(I) to funding recipients to ex22 pand access to broadband service in 

23 unserved areas and areas with low-tier 

24 service; 


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1 ‘‘(II) to funding recipients to ex2 pand access to broadband service to 

3 unserved anchor institutions; or 

4 ‘‘(III) to funding recipients to ex5 pand access to broadband service in 

6 areas with mid-tier service, but only if 

7 a State does not have, or no longer 

8 has, any unserved areas or areas with 

9 low-tier service; 

10 ‘‘(iii) shall conduct separate systems 

11 of competitive bidding for awards made to 

12 unserved anchor institutions under clause 

13 (ii)(II), if a State awards any amounts dis14 tributed under this paragraph to unserved 

15 anchor institutions; 

16 ‘‘(iv) shall return any unused portion 

17 of amounts distributed under this para18 graph to the Commission within 10 years 

19 after the date of the enactment of this sec20 tion and shall submit a certification to the 

21 Commission before receiving such amounts 

22 that the State will return such amounts; 

23 and 

24 ‘‘(v) may not use more than 5 percent 

25 of the amounts distributed under this 


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1 paragraph to administer a system or sys2 tems of competitive bidding authorized by 

3 this paragraph. 

4 ‘‘(3) FEDERAL AND STATE COORDINATION.— 

5 The Commission, in consultation with the Office of 

6 Internet Connectivity and Growth, shall establish 

7 processes through the rulemaking under subsection 

8 (e) to— 

9 ‘‘(A) permit a State to elect for the Com10 mission to conduct statewide systems of com11 petitive bidding on behalf of such State as part 

12 of, or in coordination with, national systems of 

13 competitive bidding; 

14 ‘‘(B) assist States in conducting statewide 

15 systems of competitive bidding; 

16 ‘‘(C) ensure that program funds awarded 

17 by the Commission and program funds awarded 

18 by the States are not used in the same areas; 

19 and 

20 ‘‘(D) ensure that program funds and funds 

21 awarded through other Federal programs to ex22 pand broadband service with a download speed 

23 of at least 100 megabits per second, an upload 

24 speed of at least 100 megabits per second, and 

25 latency that is sufficiently low to allow multiple, 


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1 simultaneous, real-time, interactive applications, 

2 are not used in the same areas. 

3 ‘‘(c) PROGRAM REQUIREMENTS.— 

4 ‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.— 

5 The entity administering a system of competitive 

6 bidding (either a State or the Commission) in mak7 ing awards may not favor a project using any par8 ticular technology. 

9 ‘‘(2) GIGABIT PERFORMANCE FUNDING.—The 

10 Commission shall reserve 20 percent of the amounts 

11 to be awarded by the Commission under subsection 

12 (b)(1), and each State shall reserve 20 percent of 

13 the amounts distributed to such State under sub14 section (b)(2), for bidders committing (with respect 

15 to any particular project by such a bidder) to offer, 

16 not later than the date that is 4 years after the date 

17 on which funding is provided under this section for 

18 such project— 

19 ‘‘(A) broadband service with a download 

20 speed of at least 1 gigabit per second, an 

21 upload speed of at least 1 gigabit per second, 

22 and latency that is sufficiently low to allow mul23 tiple, simultaneous, real-time, interactive appli24 cations; or 


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1 ‘‘(B) in the case of a project to provide 

2 broadband service to an unserved anchor insti3 tution, broadband service with a download 

4 speed of at least 10 gigabits per second per 

5 1,000 users, an upload speed of at least 10 gig6 abits per second per 1,000 users, and latency 

7 that is sufficiently low to allow multiple, simul8 taneous, real-time, interactive applications. 

9 ‘‘(3) SYSTEM OF COMPETITIVE BIDDING PROC10 ESS.—The entity administering a system of competi11 tive bidding (either a State or the Commission) shall 

12 structure the system of competitive bidding process 

13 to— 

14 ‘‘(A) first hold a system of competitive bid15 ding only for bidders committing (with respect 

16 to any particular project by such a bidder) to 

17 offer, not later than the date that is 4 years 

18 after the date on which funding is provided 

19 under this section for such project— 

20 ‘‘(i) broadband service with a 

21 download speed of at least 1 gigabit per 

22 second, an upload speed of at least 1 gig23 abit per second, and latency that is suffi24 ciently low to allow multiple, simultaneous, 

25 real-time, interactive applications; or 


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1 ‘‘(ii) in the case of a project to pro2 vide broadband service to an unserved an3 chor institution, broadband service with a 

4 download speed of at least 10 gigabits per 

5 second per 1,000 users, an upload speed of 

6 at least 10 gigabits per second per 1,000 

7 users, and latency that is sufficiently low 

8 to allow multiple, simultaneous, real-time, 

9 interactive applications; and 

10 ‘‘(B) after holding the system of competi11 tive bidding required by subparagraph (A), hold 

12 one or more systems of competitive bidding, in 

13 areas not receiving awards under subparagraph 

14 (A), to award funds for projects in areas that 

15 are estimated to remain unserved areas, areas 

16 with low-tier service, or (to the extent permitted 

17 under this section) areas with mid-tier service, 

18 or (to the extent permitted under this section) 

19 for projects to offer broadband service to an20 chor institutions that are estimated to remain 

21 unserved anchor institutions, after the comple22 tion of the projects for which funding is award23 ed under the system of competitive bidding re24 quired by subparagraph (A) or any previous 


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1 system of competitive bidding under this sub2 paragraph. 

3 ‘‘(4) FUNDS PRIORITY PREFERENCE.—There 

4 shall be a preference in a system of competitive bid5 ding for projects that would expand access to 

6 broadband service in areas where at least 90 percent 

7 of the population has no access to broadband service 

8 or does not have access to broadband service offered 

9 with a download speed of at least 25 megabits per 

10 second, with an upload speed of at least 3 megabits 

11 per second, and with latency that is sufficiently low 

12 to allow multiple, simultaneous, real-time, interactive 

13 applications. Such projects shall be given priority in 

14 such system of competitive bidding over all other 

15 projects, regardless of how many preferences under 

16 paragraph (5) for which such other projects qualify. 

17 ‘‘(5) FUNDS PREFERENCE.—There shall be a 

18 preference in a system of competitive bidding, as de19 termined by the entity administering the system of 

20 competitive bidding (either a State or the Commis21 sion), for any of the following projects: 

22 ‘‘(A) Projects with at least 20 percent 

23 matching funds from non-Federal sources. 


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1 ‘‘(B) Projects that would expand access to 

2 broadband service on Tribal lands, as defined 

3 by the Commission. 

4 ‘‘(C) Projects that would provide 

5 broadband service with higher speeds than 

6 those specified in subsection (d)(2), except in 

7 the case of funds awarded under subparagraph 

8 (A) of paragraph (3). 

9 ‘‘(D) Projects that would expand access to 

10 broadband service in advance of the time speci11 fied in subsection (e)(5), except in the case of 

12 funds awarded under subparagraph (A) of 

13 paragraph (3). 

14 ‘‘(E) Projects that would expand access to 

15 broadband service to persistent poverty counties 

16 or high-poverty areas at subsidized rates. 

17 ‘‘(F) Projects that, at least until the date 

18 that is 10 years after the date of the enactment 

19 of this section, would provide broadband service 

20 with comparable speeds to those provided in 

21 areas that, on the day before such date of en22 actment, were not unserved areas, areas with 

23 low-tier service, or areas with mid-tier service, 

24 with minimal future investment. 


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1 ‘‘(G) Projects with support from the local 

2 community, demonstrated by at least one letter 

3 of support from local elected officials in the 

4 community. 

5 ‘‘(H) Projects that would provide for the 

6 deployment of open-access broadband service 

7 networks. 

8 ‘‘(6) UNSERVED AREAS AND AREAS WITH LOW9 TIER OR MID-TIER SERVICE.—In determining wheth10 er an area is an unserved area, an area with low11 tier service, or an area with mid-tier service or 

12 whether an anchor institution is an unserved anchor 

13 institution for any system of competitive bidding au14 thorized under this section, the Commission shall 

15 implement the following requirements through the 

16 rulemaking described in subsection (e): 

17 ‘‘(A) DATA FOR INITIAL DETERMINA18 TION.—To make an initial determination as to 

19 whether an area is an unserved area, an area 

20 with low-tier service, or an area with mid-tier 

21 service or whether an anchor institution is an 

22 unserved anchor institution, the Commission 

23 shall— 


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1 ‘‘(i) use the most accurate and granu2 lar data on the map created by the Com3 mission under section 802(c)(1)(B); 

4 ‘‘(ii) refine the data described in 

5 clause (i) by using— 

6 ‘‘(I) other data on access to 

7 broadband service obtained or pur8 chased by the Commission; 

9 ‘‘(II) other publicly available data 

10 or information on access to broadband 

11 service; and 

12 ‘‘(III) other publicly available 

13 data or information on State 

14 broadband service deployment pro15 grams; and 

16 ‘‘(iii) not determine an area is not an 

17 unserved area, an area with low-tier serv18 ice, or an area with mid-tier service, on the 

19 basis that one location within such area 

20 does not meet the definition of an unserved 

21 area, an area with low-tier service, or an 

22 area with mid-tier service. 

23 ‘‘(B) INITIAL DETERMINATION.—The 

24 Commission shall make an initial determination 

25 of the areas that are unserved areas, areas with 


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1 low-tier service, and areas with mid-tier service 

2 and which anchor institutions are unserved an3 chor institutions not later than 270 days after 

4 the date of the enactment of this section. 

5 ‘‘(C) CHALLENGE OF DETERMINATION.— 

6 ‘‘(i) IN GENERAL.—The Commission 

7 shall provide for a process for challenging 

8 any initial determination regarding wheth9 er an area is an unserved area, an area 

10 with low-tier service, or an area with mid11 tier service or whether an anchor institu12 tion is an unserved anchor institution that, 

13 at a minimum, provides not less than 45 

14 days for a person to voluntarily submit in15 formation concerning— 

16 ‘‘(I) the broadband service of17 fered in the area, or a commitment to 

18 offer broadband service in the area 

19 that is subject to legal sanction if not 

20 performed; or 

21 ‘‘(II) the broadband service of22 fered to the anchor institution. 

23 ‘‘(ii) STREAMLINED PROCESS.—The 

24 Commission shall ensure that such process 

25 is sufficiently streamlined such that a reaVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 sonably prudent person may easily partici2 pate to challenge such initial determination 

3 with little burden on such person. 

4 ‘‘(D) FINAL DETERMINATION.—The Com5 mission shall make a final determination of the 

6 areas that are unserved areas, areas with low7 tier service, or areas with mid-tier service and 

8 which anchor institutions are unserved anchor 

9 institutions within 1 year after the date of the 

10 enactment of this section. 

11 ‘‘(7) NOTICE, TRANSPARENCY, ACCOUNT12 ABILITY, AND OVERSIGHT REQUIRED.—The program 

13 shall contain sufficient notice, transparency, ac14 countability, and oversight measures to provide the 

15 public with notice of the assistance provided under 

16 this section, and to deter waste, fraud, and abuse of 

17 program funds. 

18 ‘‘(8) COMPETENCE.— 

19 ‘‘(A) STANDARDS.—The Commission shall 

20 establish, through the rulemaking described in 

21 subsection (e), objective standards to determine 

22 that each provider of broadband service seeking 

23 to participate in a system of competitive bid24 ding— 


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1 ‘‘(i) is capable of carrying out the 

2 project in a competent manner in compli3 ance with all applicable Federal, State, and 

4 local laws; 

5 ‘‘(ii) has the financial capacity to 

6 meet the buildout obligations of the project 

7 and requirements as set forth under this 

8 section and as may be further prescribed 

9 by the Commission; and 

10 ‘‘(iii) has the technical and oper11 ational capability to provide broadband 

12 services in the manner contemplated by the 

13 provider’s bid in the system of competitive 

14 bidding, including a detailed consideration 

15 of the provider’s prior performance in de16 livering services as contemplated in the bid 

17 and the capabilities of the provider’s pro18 posed network to deliver the contemplated 

19 services in the area in question. 

20 ‘‘(B) DETERMINATIONS REGARDING PRO21 VIDERS.—An entity administering a system of 

22 competitive bidding (either a State or the Com23 mission) may not permit a provider of 

24 broadband service to participate in the system 

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1 termines, after notice and an opportunity for 

2 public comment, that the provider meets the 

3 standards established under subparagraph (A). 

4 ‘‘(9) CONTRACTING REQUIREMENTS.—All labor5 ers and mechanics employed by contractors or sub6 contractors in the performance of construction, al7 teration, or repair work carried out, in whole or in 

8 part, with assistance made available under this sec9 tion shall be paid wages at rates not less than those 

10 prevailing on projects of a similar character in the 

11 locality as determined by the Secretary of Labor in 

12 accordance with subchapter IV of chapter 31 of title 

13 40, United States Code. With respect to the labor 

14 standards in this paragraph, the Secretary of Labor 

15 shall have the authority and functions set forth in 

16 Reorganization Plan Numbered 14 of 1950 (64 Stat. 

17 1267; 5 U.S.C. App.) and section 3145 of title 40, 

18 United States Code. 

19 ‘‘(10) RULE OF CONSTRUCTION REGARDING EN20 VIRONMENTAL LAWS.—Nothing in this section shall 

21 be construed to affect— 

22 ‘‘(A) the Clean Air Act (42 U.S.C. 7401 et 

23 seq.); 


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1 ‘‘(B) the Federal Water Pollution Control 

2 Act (33 U.S.C. 1251 et seq.; commonly referred 

3 to as the ‘Clean Water Act’); 

4 ‘‘(C) the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.); 

6 ‘‘(D) the Endangered Species Act of 1973 

7 (16 U.S.C. 1531 et seq.); 

8 ‘‘(E) the Solid Waste Disposal Act (42 

9 U.S.C. 6901 et seq.; commonly referred to as 

10 the ‘Resource Conservation and Recovery Act’); 

11 or 

12 ‘‘(F) any State or local law that is similar 

13 to a law listed in subparagraphs (A) through 

14 (E). 

15 ‘‘(11) REFERRAL OF ALLEGED VIOLATIONS OF

16 APPLICABLE FEDERAL LABOR AND EMPLOYMENT

17 LAWS.—The Commission shall refer any alleged vio18 lation of an applicable labor and employment law to 

19 the appropriate Federal agency for investigation and 

20 enforcement, and any alleged violation of paragraph 

21 (9) or (12) to the National Labor Relations Board 

22 for investigation and enforcement, utilizing all ap23 propriate remedies up to and including debarment 

24 from the program. 

25 ‘‘(12) LABOR ORGANIZATION.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding the 

2 National Labor Relations Act (29 U.S.C. 151 

3 et seq.), subparagraphs (B) through (F) shall 

4 apply with respect to any funding recipient who 

5 is an employer and any labor organization who 

6 represents employees of a funding recipient. 

7 ‘‘(B) NEUTRALITY REQUIREMENT.—An 

8 employer shall remain neutral with respect to 

9 the exercise of employees and labor organiza10 tions of the right to organize and bargain under 

11 the National Labor Relations Act (29 U.S.C. 

12 151 et seq.). 

13 ‘‘(C) COMMENCEMENT OF COLLECTIVE

14 BARGAINING.—Not later than 10 days after re15 ceiving a written request for collective bar16 gaining from a labor organization that has been 

17 newly recognized or certified as a representative 

18 under section 9(a) of the National Labor Rela19 tions Act (29 U.S.C. 159(a)), or within such 

20 further period as the parties agree upon, the 

21 parties shall meet and commence to bargain 

22 collectively and shall make every reasonable ef23 fort to conclude and sign a collective bargaining 

24 agreement. 


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1 ‘‘(D) MEDIATION AND CONCILIATION FOR

2 FAILURE TO REACH A COLLECTIVE BARGAINING

3 AGREEMENT.— 

4 ‘‘(i) IN GENERAL.—If the parties have 

5 failed to reach an agreement before the 

6 date that is 90 days after the date on 

7 which bargaining is commenced under sub8 paragraph (C), or any later date agreed 

9 upon by both parties, either party may no10 tify the Federal Mediation and Conciliation 

11 Service of the existence of a dispute and 

12 request mediation. 

13 ‘‘(ii) FEDERAL MEDIATION AND CON14 CILIATION SERVICE.—Whenever a request 

15 is received under clause (i), the Director of 

16 the Federal Mediation and Conciliation 

17 Service shall promptly communicate with 

18 the parties and use best efforts, by medi19 ation and conciliation, to bring them to 

20 agreement. 

21 ‘‘(E) TRIPARTITE ARBITRATION PANEL.— 

22 ‘‘(i) IN GENERAL.—If the Federal Me23 diation and Conciliation Service is not able 

24 to bring the parties to agreement by medi25 ation or conciliation before the date that is 


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1 30 days after the date on which such medi2 ation or conciliation is commenced, or any 

3 later date agreed upon by both parties, the 

4 Service shall refer the dispute to a tri5 partite arbitration panel established in ac6 cordance with such regulations as may be 

7 prescribed by the Service, with one mem8 ber selected by the labor organization, one 

9 member selected by the employer, and one 

10 neutral member mutually agreed to by the 

11 parties. 

12 ‘‘(ii) DISPUTE SETTLEMENT.—A ma13 jority of the tripartite arbitration panel 

14 shall render a decision settling the dispute 

15 and such decision shall be binding upon 

16 the parties for a period of two years, un17 less amended during such period by writ18 ten consent of the parties. Such decision 

19 shall be based on— 

20 ‘‘(I) the employer’s financial sta21 tus and prospects; 

22 ‘‘(II) the size and type of the em23 ployer’s operations and business; 

24 ‘‘(III) the employees’ cost of liv25 ing; 


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1 ‘‘(IV) the employees’ ability to 

2 sustain themselves, their families, and 

3 their dependents on the wages and 

4 benefits they earn from the employer; 

5 and 

6 ‘‘(V) the wages and benefits that 

7 other employers in the same business 

8 provide their employees. 

9 ‘‘(F) PROHIBITION ON SUBCONTRACTING

10 FOR CERTAIN PURPOSES.—A funding recipient 

11 may not engage in subcontracting for the pur12 pose of circumventing the terms of a collective 

13 bargaining agreement with respect to wages, 

14 benefits, or working conditions. 

15 ‘‘(G) PARTIES DEFINED.—In this para16 graph, the term ‘parties’ means a labor organi17 zation that is newly recognized or certified as a 

18 representative under section 9(a) of the Na19 tional Labor Relations Act (29 U.S.C. 159(a)) 

20 and the employer of the employees represented 

21 by such organization. 

22 ‘‘(d) PROJECT REQUIREMENTS.—Any project funded 

23 through the program shall meet the following require24 ments: 


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1 ‘‘(1) The project shall adhere to quality-of-serv2 ice standards as established by the Commission. 

3 ‘‘(2) Except as provided in paragraphs (2) and 

4 (3) of subsection (c), the project shall offer 

5 broadband service with a download speed of at least 

6 100 megabits per second, an upload speed of at least 

7 100 megabits per second, and latency that is suffi8 ciently low to allow multiple, simultaneous, real-time, 

9 interactive applications. 

10 ‘‘(3) The project shall offer broadband service 

11 at prices that are comparable to, or lower than, the 

12 prices charged for comparable levels of service in 

13 areas that were not unserved areas, areas with low14 tier service, or areas with mid-tier service on the day 

15 before the date of the enactment of this section. 

16 ‘‘(4) For any project that involves laying fiber17 optic cables along a roadway, the project shall in18 clude interspersed conduit access points at regular 

19 and short intervals. 

20 ‘‘(5) The project shall incorporate prudent cy21 bersecurity and supply chain risk management prac22 tices, as specified by the Commission through the 

23 rulemaking described in subsection (e), in consulta24 tion with the Director of the National Institute of 


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1 Standards and Technology and the Assistant Sec2 retary. 

3 ‘‘(6) The project shall incorporate best prac4 tices, as defined by the Commission, for ensuring re5 liability and resiliency of the network during disas6 ters. 

7 ‘‘(7) Any funding recipient must agree to have 

8 the project meet the requirements established under 

9 section 224, as if the project were classified as a 

10 ‘utility’ under such section. The preceding sentence 

11 shall not apply to those entities or persons excluded 

12 from the definition of the term ‘utility’ by the second 

13 sentence of subsection (a)(1) of such section. 

14 ‘‘(8) The project shall offer an affordable option 

15 for a broadband service plan under which broadband 

16 service is provided— 

17 ‘‘(A) with a download speed of at least 50 

18 megabits per second; 

19 ‘‘(B) with an upload speed of at least 50 

20 megabits per second; and 

21 ‘‘(C) with latency that is sufficiently low to 

22 allow multiple, simultaneous, real-time, inter23 active applications. 

24 ‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD

25 OF FUNDS.—Not later than 180 days after the date of 


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1 the enactment of this section, the Commission, in con2 sultation with the Assistant Secretary, shall promulgate 

3 rules— 

4 ‘‘(1) that implement the requirements of this 

5 section, as appropriate; 

6 ‘‘(2) that establish the design of and rules for 

7 the national systems of competitive bidding; 

8 ‘‘(3) that establish notice requirements for all 

9 systems of competitive bidding authorized under this 

10 section that, at a minimum, provide the public with 

11 notice of— 

12 ‘‘(A) the initial determination of which 

13 areas are unserved areas, areas with low-tier 

14 service, or areas with mid-tier service; 

15 ‘‘(B) the final determination of which 

16 areas are unserved areas, areas with low-tier 

17 service, or areas with mid-tier service after the 

18 process for challenging the initial determination 

19 has concluded; 

20 ‘‘(C) which entities have applied to bid for 

21 funding; and 

22 ‘‘(D) the results of any system of competi23 tive bidding, including identifying the funding 

24 recipients, which areas each project will serve, 

25 the nature of the service that will be provided 


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1 by the project in each of those areas, and how 

2 much funding the funding recipients will receive 

3 in each of those areas; 

4 ‘‘(4) that establish broadband service buildout 

5 milestones and periodic certification by funding re6 cipients to ensure that the broadband service build7 out milestones for all systems of competitive bidding 

8 authorized under this section will be met; 

9 ‘‘(5) that, except as provided in paragraphs (2) 

10 and (3) of subsection (c), establish a maximum 

11 buildout timeframe of three years beginning on the 

12 date on which funding is provided under this section 

13 for a project; 

14 ‘‘(6) that establish periodic reporting require15 ments for funding recipients and that identify, at a 

16 minimum, the nature of the service provided in each 

17 area for any system of competitive bidding author18 ized under this section; 

19 ‘‘(7) that establish standard penalties for the 

20 noncompliance of funding recipients or projects with 

21 the requirements as set forth under this section and 

22 as may be further prescribed by the Commission for 

23 any system of competitive bidding authorized under 

24 this section; 


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1 ‘‘(8) that establish procedures for recovery of 

2 funds, in whole or in part, from funding recipients 

3 in the event of the default or noncompliance of the 

4 funding recipient or project with the requirements 

5 established under this section for any system of com6 petitive bidding authorized under this section; and 

7 ‘‘(9) that establish mechanisms to reduce waste, 

8 fraud, and abuse within the program for any system 

9 of competitive bidding authorized under this section. 

10 ‘‘(f) REPORTS REQUIRED.— 

11 ‘‘(1) INSPECTOR GENERAL AND COMPTROLLER

12 GENERAL REPORT.—Not later than June 30 and 

13 December 31 of each year following the awarding of 

14 the first funds under the program, the Inspector 

15 General of the Commission and the Comptroller 

16 General of the United States shall submit to the 

17 Committees on Energy and Commerce of the House 

18 of Representatives and Commerce, Science, and 

19 Transportation of the Senate a report for the pre20 vious 6 months that reviews the program. Such re21 port shall include any recommendations to address 

22 waste, fraud, and abuse. 

23 ‘‘(2) STATE REPORTS.—Any State that receives 

24 funds under the program shall submit an annual re25 port to the Commission on how such funds were 


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1 spent, along with a certification of compliance with 

2 the requirements as set forth under this section and 

3 as may be further prescribed by the Commission, in4 cluding a description of each service provided and 

5 the number of individuals to whom the service was 

6 provided. 

7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated to the Commission 

9 $79,500,000,000 for fiscal year 2022 to carry out the pro10 gram, and such amount is authorized to remain available 

11 through fiscal year 2026. 

12 ‘‘(h) DEFINITIONS.—In this section: 

13 ‘‘(1) AFFORDABLE OPTION.—The term ‘afford14 able option’ means, with respect to a broadband 

15 service plan, that broadband service is provided 

16 under such plan at a rate that is determined by the 

17 Commission, in coordination with the Office of 

18 Internet Connectivity and Growth, to be affordable 

19 for a household with an income of 136 percent of 

20 the poverty threshold, as determined by using cri21 teria of poverty established by the Bureau of the 

22 Census, for a four-person household that includes 

23 two dependents under the age of 18. 

24 ‘‘(2) ANCHOR INSTITUTION.—The term ‘anchor 

25 institution’— 


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1 ‘‘(A) means a public or private school, a li2 brary, a medical or healthcare provider, a mu3 seum, a public safety entity, a public housing 

4 agency (as defined in section 3(b) of the United 

5 States Housing Act of 1937 (42 U.S.C. 

6 1437a(b))), a community college, an institution 

7 of higher education, a religious organization, or 

8 any other community support organization or 

9 agency; and 

10 ‘‘(B) includes any entity described in sub11 paragraph (A) that serves an Indian Tribe, 

12 tribally designated entity, or Native Hawaiian 

13 organization. 

14 ‘‘(3) AREA.—The term ‘area’ means the geo15 graphic unit of measurement with the greatest level 

16 of granularity reasonably feasible for the Commis17 sion to use in making eligibility determinations 

18 under this section and in meeting the requirements 

19 and deadlines of this section. 

20 ‘‘(4) AREA WITH LOW-TIER SERVICE.—The 

21 term ‘area with low-tier service’ means an area 

22 where at least 90 percent of the population has ac23 cess to broadband service offered— 


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1 ‘‘(A) with a download speed of at least 25 

2 megabits per second but less than 100 megabits 

3 per second; 

4 ‘‘(B) with an upload speed of at least 25 

5 megabits per second but less than 100 megabits 

6 per second; and 

7 ‘‘(C) with latency that is sufficiently low to 

8 allow multiple, simultaneous, real-time, inter9 active applications. 

10 ‘‘(5) AREA WITH MID-TIER SERVICE.—The term 

11 ‘area with mid-tier service’ means an area where at 

12 least 90 percent of the population has access to 

13 broadband service offered— 

14 ‘‘(A) with a download speed of at least 100 

15 megabits per second but less than 1 gigabit per 

16 second; 

17 ‘‘(B) with an upload speed of at least 100 

18 megabits per second but less than 1 gigabit per 

19 second; and 

20 ‘‘(C) with latency that is sufficiently low to 

21 allow multiple, simultaneous, real-time, inter22 active applications. 

23 ‘‘(6) ASSISTANT SECRETARY.—The term ‘As24 sistant Secretary’ means the Assistant Secretary of 

25 Commerce for Communications and Information. 


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1 ‘‘(7) BROADBAND SERVICE.—The term 

2 ‘broadband service’— 

3 ‘‘(A) means broadband internet access 

4 service that is a mass-market retail service, or 

5 a service provided to an anchor institution, by 

6 wire or radio that provides the capability to 

7 transmit data to and receive data from all or 

8 substantially all internet endpoints, including 

9 any capabilities that are incidental to and en10 able the operation of the communications serv11 ice; 

12 ‘‘(B) includes any service that is a func13 tional equivalent of the service described in sub14 paragraph (A); and 

15 ‘‘(C) does not include dial-up internet ac16 cess service. 

17 ‘‘(8) COLLECTIVE BARGAINING.—The term ‘col18 lective bargaining’ means performance of the mutual 

19 obligation described in section 8(d) of the National 

20 Labor Relations Act (29 U.S.C. 158(d)). 

21 ‘‘(9) COLLECTIVE BARGAINING AGREEMENT.— 

22 The term ‘collective bargaining agreement’ means an 

23 agreement reached through collective bargaining. 

24 ‘‘(10) FUNDING RECIPIENT.—The term ‘fund25 ing recipient’ means an entity that receives funding 


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1 for a project under this section, which may in2 clude— 

3 ‘‘(A) a private entity, a public-private part4 nership, a cooperative, and a Tribal or munic5 ipal broadband service provider; and 

6 ‘‘(B) a consortium between any of the enti7 ties described in subparagraph (A), including a 

8 consortium that includes an investor-owned util9 ity. 

10 ‘‘(11) HIGH-POVERTY AREA.—The term ‘high11 poverty area’ means a census tract with a poverty 

12 rate of at least 20 percent, as measured by the most 

13 recent 5-year data series available from the Amer14 ican Community Survey of the Bureau of the Census 

15 as of the year before the date of the enactment of 

16 this section. In the case of a territory or possession 

17 of the United States in which no such data is col18 lected from the American Community Survey of the 

19 Bureau of the Census as of the year before the date 

20 of the enactment of this section, such term includes 

21 a census tract with a poverty rate of at least 20 per22 cent, as measured by the most recent Island Areas 

23 decennial census of the Bureau of the Census for 

24 which data is available as of the year before the date 

25 of the enactment of this section. 


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1 ‘‘(12) INDIAN TRIBE.—The term ‘Indian Tribe’ 

2 has the meaning given such term in section 4(e) of 

3 the Indian Self-Determination and Education Assist4 ance Act (25 U.S.C. 5304(e)). 

5 ‘‘(13) INSTITUTION OF HIGHER EDUCATION.— 

6 The term ‘institution of higher education’— 

7 ‘‘(A) has the meaning given the term in 

8 section 101 of the Higher Education Act of 

9 1965 (20 U.S.C. 1001); and 

10 ‘‘(B) includes a postsecondary vocational 

11 institution. 

12 ‘‘(14) LABOR ORGANIZATION.—The term ‘labor 

13 organization’ has the meaning given the term in sec14 tion 2 of the National Labor Relations Act (29 

15 U.S.C. 152). 

16 ‘‘(15) NATIVE HAWAIIAN ORGANIZATION.—The 

17 term ‘Native Hawaiian organization’ means any or18 ganization— 

19 ‘‘(A) that serves the interests of Native 

20 Hawaiians; 

21 ‘‘(B) in which Native Hawaiians serve in 

22 substantive and policymaking positions; 

23 ‘‘(C) that has as a primary and stated pur24 pose the provision of services to Native Hawai25 ians; and 


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1 ‘‘(D) that is recognized for having exper2 tise in Native Hawaiian affairs, digital 

3 connectivity, or access to broadband service. 

4 ‘‘(16) PERSISTENT POVERTY COUNTY.—The 

5 term ‘persistent poverty county’ means any county 

6 with a poverty rate of at least 20 percent, as deter7 mined in each of the 1990 and 2000 decennial cen8 suses and in the Small Area Income and Poverty Es9 timates of the Bureau of the Census for the most re10 cent year for which the Estimates are available. In 

11 the case of a territory or possession of the United 

12 States, such term includes any county equivalent 

13 area in Puerto Rico with a poverty rate of at least 

14 20 percent, as determined in each of the 1990 and 

15 2000 decennial censuses and in the most recent 5- 

16 year data series available from the American Com17 munity Survey of the Bureau of the Census as of 

18 the year before the date of the enactment of this 

19 section, or any other territory or possession of the 

20 United States with a poverty rate of at least 20 per21 cent, as determined in each of the 1990 and 2000 

22 Island Areas decennial censuses of the Bureau of the 

23 Census and in the most recent Island Areas decen24 nial census of the Bureau of the Census for which 


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1 data is available as of the year before the date of the 

2 enactment of this section. 

3 ‘‘(17) POSTSECONDARY VOCATIONAL INSTITU4 TION.—The term ‘postsecondary vocational institu5 tion’ has the meaning given the term in section 

6 102(c) of the Higher Education Act of 1965 (20 

7 U.S.C. 1002(c)). 

8 ‘‘(18) PROGRAM.—Unless otherwise indicated, 

9 the term ‘program’ means the program established 

10 under subsection (a). 

11 ‘‘(19) PROJECT.—The term ‘project’ means an 

12 undertaking by a funding recipient under this sec13 tion to construct and deploy infrastructure for the 

14 provision of broadband service. 

15 ‘‘(20) STATE.—The term ‘State’ has the mean16 ing given such term in section 3, except that such 

17 term also includes the Republic of the Marshall Is18 lands, the Federated States of Micronesia, and the 

19 Republic of Palau. 

20 ‘‘(21) TRIBALLY DESIGNATED ENTITY.—The 

21 term ‘tribally designated entity’ means an entity des22 ignated by an Indian Tribe for purposes of para23 graph (2)(B). 

24 ‘‘(22) UNSERVED ANCHOR INSTITUTION.—The 

25 term ‘unserved anchor institution’ means an anchor 


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1 institution that has no access to broadband service 

2 or does not have access to broadband service of3 fered— 

4 ‘‘(A) with a download speed of at least 1 

5 gigabit per second per 1,000 users; 

6 ‘‘(B) with an upload speed of at least 1 

7 gigabit per second per 1,000 users; and 

8 ‘‘(C) with latency that is sufficiently low to 

9 allow multiple, simultaneous, real-time, inter10 active applications. 

11 ‘‘(23) UNSERVED AREA.—The term ‘unserved 

12 area’ means an area where— 

13 ‘‘(A) the Commission reasonably believes 

14 there are potential subscribers of broadband 

15 service; and 

16 ‘‘(B) at least 90 percent of the population 

17 has no access to broadband service or does not 

18 have access to broadband service offered— 

19 ‘‘(i) with a download speed of at least 

20 25 megabits per second; 

21 ‘‘(ii) with an upload speed of at least 

22 25 megabits per second; and 

23 ‘‘(iii) with latency that is sufficiently 

24 low to allow multiple, simultaneous, real25 time, interactive applications.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS FOR TRIB2 AL BROADBAND CONNECTIVITY PROGRAM.— 

3 (1) IN GENERAL.—Section 905(c) of division N 

4 of the Consolidated Appropriations Act, 2021 (Pub5 lic Law 116–260) is amended by adding at the end 

6 the following: 

7 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to the Assist9 ant Secretary $500,000,000 for fiscal year 2022 to 

10 carry out the grant program under this subsection, 

11 and such amount is authorized to remain available 

12 through fiscal year 2026.’’. 

13 (2) CONFORMING AMENDMENTS.—Section 905 

14 of division N of the Consolidated Appropriations 

15 Act, 2021 (Public Law 116–260) is amended— 

16 (A) in subsection (c), by inserting ‘‘or 

17 paragraph (9) of this subsection’’ after ‘‘sub18 section (b)(1)’’ each place it appears; and 

19 (B) in subsection (e)— 

20 (i) in paragraph (1)— 

21 (I) in the matter preceding sub22 paragraph (A), by inserting after 

23 ‘‘this Act’’ the following: ‘‘(and, in the 

24 case of the grant program under sub25 section (c), not earlier than 30 days, 


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1 and not later than 60 days, after the 

2 date of enactment of any other law 

3 making available amounts to carry out 

4 such program)’’; and 

5 (II) in subparagraph (A), by in6 serting after ‘‘eligible entities and cov7 ered partnerships’’ the following: ‘‘(or, 

8 in the case of a notice issued by rea9 son of the enactment of a law, other 

10 than this Act, making available 

11 amounts to carry out the grant pro12 gram under subsection (c), eligible en13 tities)’’; and 

14 (ii) in paragraph (2)(A), by inserting 

15 after ‘‘an eligible entity or covered partner16 ship’’ the following: ‘‘(or, in the case of a 

17 notice issued by reason of the enactment of 

18 a law, other than this Act, making avail19 able amounts to carry out the grant pro20 gram under subsection (c), an eligible enti21 ty)’’. 

22 SEC. 13102. TRIBAL INTERNET EXPANSION. 

23 Section 254(b)(3) of the Communications Act of 

24 1934 (47 U.S.C. 254(b)(3)) is amended by inserting ‘‘and 

25 in Indian country (as defined in section 1151 of title 18, 


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1 United States Code) and areas with high populations of 

2 Indian (as defined in section 19 of the Act of June 18, 

3 1934 (Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) peo4 ple’’ after ‘‘high cost areas’’. 

5 PART 2—BROADBAND INFRASTRUCTURE 

6 FINANCE AND INNOVATION 

7 SEC. 13201. SHORT TITLE. 

8 This part may be cited as the ‘‘Broadband Infra9 structure Finance and Innovation Act of 2021’’. 

10 SEC. 13202. DEFINITIONS. 

11 In this part: 

12 (1) BIFIA PROGRAM.—The term ‘‘BIFIA pro13 gram’’ means the broadband infrastructure finance 

14 and innovation program established under this part. 

15 (2) BROADBAND SERVICE.—The term ‘‘broad16 band service’’— 

17 (A) means broadband internet access serv18 ice that is a mass-market retail service, or a 

19 service provided to an entity described in para20 graph (11)(B)(ii), by wire or radio that pro21 vides the capability to transmit data to and re22 ceive data from all or substantially all internet 

23 endpoints, including any capabilities that are 

24 incidental to and enable the operation of the 

25 communications service; 


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1 (B) includes any service that is a func2 tional equivalent of the service described in sub3 paragraph (A); and 

4 (C) does not include dial-up internet access 

5 service. 

6 (3) ELIGIBLE PROJECT COSTS.—The term ‘‘eli7 gible project costs’’ means amounts substantially all 

8 of which are paid by, or for the account of, an obli9 gor in connection with a project, including the cost 

10 of— 

11 (A) development phase activities, including 

12 planning, feasibility analysis, revenue fore13 casting, environmental review, historic preserva14 tion review, permitting, preliminary engineering 

15 and design work, and other preconstruction ac16 tivities; 

17 (B) construction and deployment phase ac18 tivities, including— 

19 (i) construction, reconstruction, reha20 bilitation, replacement, and acquisition of 

21 real property (including land relating to 

22 the project and improvements to land), 

23 equipment, instrumentation, networking 

24 capability, hardware and software, and dig25 ital network technology; 


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1 (ii) environmental mitigation; and 

2 (iii) construction contingencies; and 

3 (C) capitalized interest necessary to meet 

4 market requirements, reasonably required re5 serve funds, capital issuance expenses, and 

6 other carrying costs during construction and 

7 deployment. 

8 (4) FEDERAL CREDIT INSTRUMENT.—The term 

9 ‘‘Federal credit instrument’’ means a secured loan, 

10 loan guarantee, or line of credit authorized to be 

11 made available under the BIFIA program with re12 spect to a project. 

13 (5) INVESTMENT-GRADE RATING.—The term 

14 ‘‘investment-grade rating’’ means a rating of BBB 

15 minus, Baa3, bbb minus, BBB (low), or higher as16 signed by a rating agency to project obligations. 

17 (6) LENDER.—The term ‘‘lender’’ means any 

18 non-Federal qualified institutional buyer (as defined 

19 in section 230.144A(a) of title 17, Code of Federal 

20 Regulations (or any successor regulation), known as 

21 Rule 144A(a) of the Securities and Exchange Com22 mission and issued under the Securities Act of 1933 

23 (15 U.S.C. 77a et seq.)), including— 

24 (A) a qualified retirement plan (as defined 

25 in section 4974(c) of the Internal Revenue Code 


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1 of 1986) that is a qualified institutional buyer; 

2 and 

3 (B) a governmental plan (as defined in 

4 section 414(d) of the Internal Revenue Code of 

5 1986) that is a qualified institutional buyer. 

6 (7) LETTER OF INTEREST.—The term ‘‘letter 

7 of interest’’ means a letter submitted by a potential 

8 applicant prior to an application for credit assistance 

9 in a format prescribed by the Assistant Secretary on 

10 the website of the BIFIA program that— 

11 (A) describes the project and the location, 

12 purpose, and cost of the project; 

13 (B) outlines the proposed financial plan, 

14 including the requested credit assistance and 

15 the proposed obligor; 

16 (C) provides a status of environmental re17 view; and 

18 (D) provides information regarding satis19 faction of other eligibility requirements of the 

20 BIFIA program. 

21 (8) LINE OF CREDIT.—The term ‘‘line of cred22 it’’ means an agreement entered into by the Assist23 ant Secretary with an obligor under section 13205 

24 to provide a direct loan at a future date upon the 

25 occurrence of certain events. 


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1 (9) LOAN GUARANTEE.—The term ‘‘loan guar2 antee’’ means any guarantee or other pledge by the 

3 Assistant Secretary to pay all or part of the prin4 cipal of and interest on a loan or other debt obliga5 tion issued by an obligor and funded by a lender. 

6 (10) OBLIGOR.—The term ‘‘obligor’’ means a 

7 party that— 

8 (A) is primarily liable for payment of the 

9 principal of or interest on a Federal credit in10 strument; and 

11 (B) may be a corporation, company, part12 nership, joint venture, trust, or governmental 

13 entity, agency, or instrumentality. 

14 (11) PROJECT.—The term ‘‘project’’ means a 

15 project— 

16 (A) to construct and deploy infrastructure 

17 for the provision of broadband service; and 

18 (B) that the Assistant Secretary deter19 mines will— 

20 (i) provide access or improved access 

21 to broadband service to consumers residing 

22 in areas of the United States that have no 

23 access to broadband service or do not have 

24 access to broadband service offered— 


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1 (I) with a download speed of at 

2 least 100 megabits per second; 

3 (II) with an upload speed of at 

4 least 100 megabits per second; and 

5 (III) with latency that is suffi6 ciently low to allow multiple, simulta7 neous, real-time, interactive applica8 tions; or 

9 (ii) provide access or improved access 

10 to broadband service to— 

11 (I) schools, libraries, medical and 

12 healthcare providers, community col13 leges and other institutions of higher 

14 education, museums, religious organi15 zations, and other community support 

16 organizations and entities to facilitate 

17 greater use of broadband service by or 

18 through such organizations; 

19 (II) organizations and agencies 

20 that provide outreach, access, equip21 ment, and support services to facili22 tate greater use of broadband service 

23 by low-income, unemployed, aged, and 

24 otherwise vulnerable populations; 


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1 (III) job-creating strategic facili2 ties located within a State-designated 

3 economic zone, Economic Develop4 ment District designated by the De5 partment of Commerce, Empower6 ment Zone designated by the Depart7 ment of Housing and Urban Develop8 ment, or Enterprise Community des9 ignated by the Department of Agri10 culture; or 

11 (IV) public safety agencies. 

12 (12) PROJECT OBLIGATION.—The term 

13 ‘‘project obligation’’ means any note, bond, deben14 ture, or other debt obligation issued by an obligor in 

15 connection with the financing of a project, other 

16 than a Federal credit instrument. 

17 (13) PUBLIC AUTHORITY.—The term ‘‘public 

18 authority’’ means a Federal, State, county, town or 

19 township, Indian Tribe, municipal, or other local 

20 government or instrumentality with authority to fi21 nance, build, operate, or maintain infrastructure for 

22 the provision of broadband service. 

23 (14) RATING AGENCY.—The term ‘‘rating agen24 cy’’ means a credit rating agency registered with the 

25 Securities and Exchange Commission as a nationally 


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1 recognized statistical rating organization (as defined 

2 in section 3(a) of the Securities Exchange Act of 

3 1934 (15 U.S.C. 78c(a))). 

4 (15) SECURED LOAN.—The term ‘‘secured 

5 loan’’ means a direct loan or other debt obligation 

6 issued by an obligor and funded by the Assistant 

7 Secretary in connection with the financing of a 

8 project under section 13204. 

9 (16) SMALL PROJECT.—The term ‘‘small 

10 project’’ means a project having eligible project costs 

11 that are reasonably anticipated not to equal or ex12 ceed $20,000,000. 

13 (17) SUBSIDY AMOUNT.—The term ‘‘subsidy 

14 amount’’ means the amount of budget authority suf15 ficient to cover the estimated long-term cost to the 

16 Federal Government of a Federal credit instru17 ment— 

18 (A) calculated on a net present value basis; 

19 and 

20 (B) excluding administrative costs and any 

21 incidental effects on governmental receipts or 

22 outlays in accordance with the Federal Credit 

23 Reform Act of 1990 (2 U.S.C. 661 et seq.). 

24 (18) SUBSTANTIAL COMPLETION.—The term 

25 ‘‘substantial completion’’ means, with respect to a 


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1 project receiving credit assistance under the BIFIA 

2 program— 

3 (A) the commencement of the provision of 

4 broadband service using the infrastructure 

5 being financed; or 

6 (B) a comparable event, as determined by 

7 the Assistant Secretary and specified in the 

8 credit agreement. 

9 SEC. 13203. DETERMINATION OF ELIGIBILITY AND 

10 PROJECT SELECTION. 

11 (a) ELIGIBILITY.— 

12 (1) IN GENERAL.—A project shall be eligible to 

13 receive credit assistance under the BIFIA program 

14 if— 

15 (A) the entity proposing to carry out the 

16 project submits a letter of interest prior to sub17 mission of a formal application for the project; 

18 and 

19 (B) the project meets the criteria described 

20 in this subsection. 

21 (2) CREDITWORTHINESS.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), to be eligible for assistance 

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1 isfy applicable creditworthiness standards, 

2 which, at a minimum, shall include— 

3 (i) adequate coverage requirements to 

4 ensure repayment; 

5 (ii) an investment-grade rating from 

6 at least two rating agencies on debt senior 

7 to the Federal credit instrument; and 

8 (iii) a rating from at least two rating 

9 agencies on the Federal credit instrument. 

10 (B) SMALL PROJECTS.—In order for a 

11 small project to be eligible for assistance under 

12 the BIFIA program, such project shall satisfy 

13 alternative creditworthiness standards that shall 

14 be established by the Assistant Secretary under 

15 section 13206 for purposes of this paragraph. 

16 (3) APPLICATION.—A State, local government, 

17 agency or instrumentality of a State or local govern18 ment, public authority, public-private partnership, or 

19 any other legal entity undertaking the project and 

20 authorized by the Assistant Secretary shall submit a 

21 project application that is acceptable to the Assist22 ant Secretary. 

23 (4) ELIGIBLE PROJECT COST PARAMETERS FOR

24 INFRASTRUCTURE PROJECTS.—Eligible project costs 

25 shall be reasonably anticipated to equal or exceed 


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1 $2,000,000 in the case of a project or program of 

2 projects— 

3 (A) in which the applicant is a local gov4 ernment, instrumentality of local government, 

5 or public authority (other than a public author6 ity that is a Federal or State government or in7 strumentality); 

8 (B) located on a facility owned by a local 

9 government; or 

10 (C) for which the Assistant Secretary de11 termines that a local government is substan12 tially involved in the development of the project. 

13 (5) DEDICATED REVENUE SOURCES.—The ap14 plicable Federal credit instrument shall be repayable, 

15 in whole or in part, from— 

16 (A) amounts charged to— 

17 (i) subscribers of broadband service 

18 for such service; or 

19 (ii) subscribers of any related service 

20 provided over the same infrastructure for 

21 such related service; 

22 (B) user fees; 

23 (C) payments owing to the obligor under a 

24 public-private partnership; or 


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1 (D) other dedicated revenue sources that 

2 also secure or fund the project obligations. 

3 (6) APPLICATIONS WHERE OBLIGOR WILL BE

4 IDENTIFIED LATER.—A State, local government, 

5 agency or instrumentality of a State or local govern6 ment, or public authority may submit to the Assist7 ant Secretary an application under paragraph (3), 

8 under which a private party to a public-private part9 nership will be— 

10 (A) the obligor; and 

11 (B) identified later through completion of 

12 a procurement and selection of the private 

13 party. 

14 (7) BENEFICIAL EFFECTS.—The Assistant Sec15 retary shall determine that financial assistance for 

16 the project under the BIFIA program will— 

17 (A) foster, if appropriate, partnerships 

18 that attract public and private investment for 

19 the project; 

20 (B) enable the project to proceed at an 

21 earlier date than the project would otherwise be 

22 able to proceed or reduce the lifecycle costs (in23 cluding debt service costs) of the project; and 

24 (C) reduce the contribution of Federal 

25 grant assistance for the project. 


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1 (8) PROJECT READINESS.—To be eligible for 

2 assistance under the BIFIA program, the applicant 

3 shall demonstrate a reasonable expectation that the 

4 contracting process for the construction and deploy5 ment of infrastructure for the provision of 

6 broadband service through the project can commence 

7 by no later than 90 days after the date on which a 

8 Federal credit instrument is obligated for the project 

9 under the BIFIA program. 

10 (9) PUBLIC SPONSORSHIP OF PRIVATE ENTI11 TIES.— 

12 (A) IN GENERAL.—If an eligible project is 

13 carried out by an entity that is not a State or 

14 local government or an agency or instrumen15 tality of a State or local government or a Tribal 

16 Government or consortium of Tribal Govern17 ments, the project shall be publicly sponsored. 

18 (B) PUBLIC SPONSORSHIP.—For purposes 

19 of this part, a project shall be considered to be 

20 publicly sponsored if the obligor can dem21 onstrate, to the satisfaction of the Assistant 

22 Secretary, that the project applicant has con23 sulted with the State, local, or Tribal govern24 ment in the area in which the project is located, 


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1 or that is otherwise affected by the project, and 

2 that such government supports the proposal. 

3 (b) SELECTION AMONG ELIGIBLE PROJECTS.— 

4 (1) ESTABLISHMENT OF APPLICATION PROC5 ESS.—The Assistant Secretary shall establish a roll6 ing application process under which projects that are 

7 eligible to receive credit assistance under subsection 

8 (a) shall receive credit assistance on terms accept9 able to the Assistant Secretary, if adequate funds 

10 are available to cover the subsidy costs associated 

11 with the Federal credit instrument. 

12 (2) PRELIMINARY RATING OPINION LETTER.— 

13 The Assistant Secretary shall require each project 

14 applicant to provide— 

15 (A) a preliminary rating opinion letter 

16 from at least one rating agency— 

17 (i) indicating that the senior obliga18 tions of the project, which may be the Fed19 eral credit instrument, have the potential 

20 to achieve an investment-grade rating; and 

21 (ii) including a preliminary rating 

22 opinion on the Federal credit instrument; 

23 or 

24 (B) in the case of a small project, alter25 native documentation that the Assistant SecVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 retary shall require in the standards established 

2 under section 13206 for purposes of this para3 graph. 

4 (3) TECHNOLOGY NEUTRALITY REQUIRED.—In 

5 selecting projects to receive credit assistance under 

6 the BIFIA program, the Assistant Secretary may 

7 not favor a project using any particular technology. 

8 (4) PREFERENCE FOR OPEN-ACCESS NET9 WORKS.—In selecting projects to receive credit as10 sistance under the BIFIA program, the Assistant 

11 Secretary shall give preference to projects providing 

12 for the deployment of open-access broadband service 

13 networks. 

14 (c) FEDERAL REQUIREMENTS.— 

15 (1) IN GENERAL.—The following provisions of 

16 law shall apply to funds made available under the 

17 BIFIA program and projects assisted with those 

18 funds: 

19 (A) Title VI of the Civil Rights Act of 

20 1964 (42 U.S.C. 2000d et seq.). 

21 (B) The National Environmental Policy 

22 Act of 1969 (42 U.S.C. 4321 et seq.). 

23 (C) 54 U.S.C. 300101 et seq. (commonly 

24 referred to as the ‘‘National Historic Preserva25 tion Act’’). 


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1 (D) The Uniform Relocation Assistance 

2 and Real Property Acquisition Policies Act of 

3 1970 (42 U.S.C. 4601 et seq.). 

4 (2) NEPA.—No funding shall be obligated for 

5 a project that has not received an environmental cat6 egorical exclusion, a finding of no significant impact, 

7 or a record of decision under the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

9 (3) TITLE VI OF THE CIVIL RIGHTS ACT OF

10 1964.—For purposes of title VI of the Civil Rights 

11 Act of 1964 (42 U.S.C. 2000d et seq.), any project 

12 that receives credit assistance under the BIFIA pro13 gram shall be considered a program or activity with14 in the meaning of section 606 of such title (42 

15 U.S.C. 2000d–4a). 

16 (4) CONTRACTING REQUIREMENTS.—All labor17 ers and mechanics employed by contractors or sub18 contractors in the performance of construction, al19 teration, or repair work carried out, in whole or in 

20 part, with assistance made available through a Fed21 eral credit instrument shall be paid wages at rates 

22 not less than those prevailing on projects of a simi23 lar character in the locality as determined by the 

24 Secretary of Labor in accordance with subchapter 

25 IV of chapter 31 of title 40, United States Code. 


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1 With respect to the labor standards in this para2 graph, the Secretary of Labor shall have the author3 ity and functions set forth in Reorganization Plan 

4 Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 

5 App.) and section 3145 of title 40, United States 

6 Code. 

7 (5) NEUTRALITY REQUIREMENT.—An employer 

8 receiving assistance made available through a Fed9 eral credit instrument under this part shall remain 

10 neutral with respect to the exercise of employees and 

11 labor organizations of the right to organize and bar12 gain under the National Labor Relations Act (29 

13 U.S.C. 151 et seq.). 

14 (6) REFERRAL OF ALLEGED VIOLATIONS OF AP15 PLICABLE FEDERAL LABOR AND EMPLOYMENT

16 LAWS.—The Assistant Secretary shall refer any al17 leged violation of an applicable labor and employ18 ment law to the appropriate Federal agency for in19 vestigation and enforcement, and any alleged viola20 tion of paragraph (4) or (5) to the National Labor 

21 Relations Board for investigation and enforcement, 

22 utilizing all appropriate remedies up to and includ23 ing debarment from the BIFIA program. 

24 (d) APPLICATION PROCESSING PROCEDURES.— 


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1 (1) NOTICE OF COMPLETE APPLICATION.—Not 

2 later than 30 days after the date of receipt of an ap3 plication under this section, the Assistant Secretary 

4 shall provide to the applicant a written notice to in5 form the applicant whether— 

6 (A) the application is complete; or 

7 (B) additional information or materials are 

8 needed to complete the application. 

9 (2) APPROVAL OR DENIAL OF APPLICATION.— 

10 Not later than 60 days after the date of issuance of 

11 the written notice under paragraph (1), the Assist12 ant Secretary shall provide to the applicant a writ13 ten notice informing the applicant whether the As14 sistant Secretary has approved or disapproved the 

15 application. 

16 (3) APPROVAL BEFORE NEPA REVIEW.—Subject 

17 to subsection (c)(2), an application for a project may 

18 be approved before the project receives an environ19 mental categorical exclusion, a finding of no signifi20 cant impact, or a record of decision under the Na21 tional Environmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.). 

23 (e) DEVELOPMENT PHASE ACTIVITIES.—Any credit 

24 instrument secured under the BIFIA program may be 


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1 used to finance up to 100 percent of the cost of develop2 ment phase activities as described in section 13202(3)(A). 

3 SEC. 13204. SECURED LOANS. 

4 (a) IN GENERAL.— 

5 (1) AGREEMENTS.—Subject to paragraphs (2) 

6 and (3), the Assistant Secretary may enter into 

7 agreements with one or more obligors to make se8 cured loans, the proceeds of which shall be used— 

9 (A) to finance eligible project costs of any 

10 project selected under section 13203; 

11 (B) to refinance interim construction fi12 nancing of eligible project costs of any project 

13 selected under section 13203; or 

14 (C) to refinance long-term project obliga15 tions or Federal credit instruments, if the refi16 nancing provides additional funding capacity for 

17 the completion, enhancement, or expansion of 

18 any project that— 

19 (i) is selected under section 13203; or 

20 (ii) otherwise meets the requirements 

21 of section 13203. 

22 (2) LIMITATION ON REFINANCING OF INTERIM

23 CONSTRUCTION FINANCING.—A loan under para24 graph (1) shall not refinance interim construction fi25 nancing under paragraph (1)(B)— 


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1 (A) if the maturity of such interim con2 struction financing is later than 1 year after 

3 the substantial completion of the project; and 

4 (B) later than 1 year after the date of sub5 stantial completion of the project. 

6 (3) RISK ASSESSMENT.—Before entering into 

7 an agreement under this subsection, the Assistant 

8 Secretary, in consultation with the Director of the 

9 Office of Management and Budget, shall determine 

10 an appropriate capital reserve subsidy amount for 

11 each secured loan, taking into account each rating 

12 letter provided by a rating agency under section 

13 13203(b)(2)(A)(ii) or, in the case of a small project, 

14 the alternative documentation provided under section 

15 13203(b)(2)(B). 

16 (b) TERMS AND LIMITATIONS.— 

17 (1) IN GENERAL.—A secured loan under this 

18 section with respect to a project shall be on such 

19 terms and conditions and contain such covenants, 

20 representations, warranties, and requirements (in21 cluding requirements for audits) as the Assistant 

22 Secretary determines to be appropriate. 

23 (2) MAXIMUM AMOUNT.—The amount of a se24 cured loan under this section shall not exceed the 

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1 gible project costs or, if the secured loan is not for 

2 a small project and does not receive an investment3 grade rating, the amount of the senior project obli4 gations. 

5 (3) PAYMENT.—A secured loan under this sec6 tion— 

7 (A) shall— 

8 (i) be payable, in whole or in part, 

9 from— 

10 (I) amounts charged to— 

11 (aa) subscribers of broad12 band service for such service; or 

13 (bb) subscribers of any re14 lated service provided over the 

15 same infrastructure for such re16 lated service; 

17 (II) user fees; 

18 (III) payments owing to the obli19 gor under a public-private partner20 ship; or 

21 (IV) other dedicated revenue 

22 sources that also secure the senior 

23 project obligations; and 


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1 (ii) include a coverage requirement or 

2 similar security feature supporting the 

3 project obligations; and 

4 (B) may have a lien on revenues described 

5 in subparagraph (A), subject to any lien secur6 ing project obligations. 

7 (4) INTEREST RATE.—The interest rate on a 

8 secured loan under this section shall be not less than 

9 the yield on United States Treasury securities of a 

10 similar maturity to the maturity of the secured loan 

11 on the date of execution of the loan agreement. 

12 (5) MATURITY DATE.—The final maturity date 

13 of the secured loan shall be the lesser of— 

14 (A) 35 years after the date of substantial 

15 completion of the project; and 

16 (B) if the useful life of the infrastructure 

17 for the provision of broadband service being fi18 nanced is of a lesser period, the useful life of 

19 the infrastructure. 

20 (6) NONSUBORDINATION.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the secured loan shall not be 

23 subordinated to the claims of any holder of 

24 project obligations in the event of bankruptcy, 

25 insolvency, or liquidation of the obligor. 


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1 (B) PREEXISTING INDENTURE.— 

2 (i) IN GENERAL.—The Assistant Sec3 retary shall waive the requirement under 

4 subparagraph (A) for a public agency bor5 rower that is financing ongoing capital 

6 programs and has outstanding senior 

7 bonds under a preexisting indenture, if— 

8 (I) the secured loan— 

9 (aa) is rated in the A cat10 egory or higher; or 

11 (bb) in the case of a small 

12 project, meets an alternative 

13 standard that the Assistant Sec14 retary shall establish under sec15 tion 13206 for purposes of this 

16 subclause; 

17 (II) the secured loan is secured 

18 and payable from pledged revenues 

19 not affected by project performance, 

20 such as a tax-backed revenue pledge 

21 or a system-backed pledge of project 

22 revenues; and 

23 (III) the BIFIA program share 

24 of eligible project costs is 33 percent 

25 or less. 


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1 (ii) LIMITATION.—If the Assistant 

2 Secretary waives the nonsubordination re3 quirement under this subparagraph— 

4 (I) the maximum credit subsidy 

5 to be paid by the Federal Government 

6 shall be not more than 10 percent of 

7 the principal amount of the secured 

8 loan; and 

9 (II) the obligor shall be respon10 sible for paying the remainder of the 

11 subsidy cost, if any. 

12 (7) FEES.—The Assistant Secretary may estab13 lish fees at a level sufficient to cover all or a portion 

14 of the costs to the Federal Government of making 

15 a secured loan under this section. 

16 (8) NON-FEDERAL SHARE.—The proceeds of a 

17 secured loan under the BIFIA program, if the loan 

18 is repayable from non-Federal funds— 

19 (A) may be used for any non-Federal share 

20 of project costs required under this part; and 

21 (B) shall not count toward the total Fed22 eral assistance provided for a project for pur23 poses of paragraph (9). 

24 (9) MAXIMUM FEDERAL INVOLVEMENT.—The 

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1 ceiving a loan under the BIFIA program shall not 

2 exceed 80 percent of the total project cost. 

3 (c) REPAYMENT.— 

4 (1) SCHEDULE.—The Assistant Secretary shall 

5 establish a repayment schedule for each secured loan 

6 under this section based on— 

7 (A) the projected cash flow from project 

8 revenues and other repayment sources; and 

9 (B) the useful life of the infrastructure for 

10 the provision of broadband service being fi11 nanced. 

12 (2) COMMENCEMENT.—Scheduled loan repay13 ments of principal or interest on a secured loan 

14 under this section shall commence not later than 5 

15 years after the date of substantial completion of the 

16 project. 

17 (3) DEFERRED PAYMENTS.— 

18 (A) IN GENERAL.—If, at any time after 

19 the date of substantial completion of the 

20 project, the project is unable to generate suffi21 cient revenues to pay the scheduled loan repay22 ments of principal and interest on the secured 

23 loan, the Assistant Secretary may, subject to 

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1 paid principal and interest to the outstanding 

2 balance of the secured loan. 

3 (B) INTEREST.—Any payment deferred 

4 under subparagraph (A) shall— 

5 (i) continue to accrue interest in ac6 cordance with subsection (b)(4) until fully 

7 repaid; and 

8 (ii) be scheduled to be amortized over 

9 the remaining term of the loan. 

10 (C) CRITERIA.— 

11 (i) IN GENERAL.—Any payment defer12 ral under subparagraph (A) shall be con13 tingent on the project meeting criteria es14 tablished by the Assistant Secretary. 

15 (ii) REPAYMENT STANDARDS.—The 

16 criteria established pursuant to clause (i) 

17 shall include standards for reasonable as18 surance of repayment. 

19 (4) PREPAYMENT.— 

20 (A) USE OF EXCESS REVENUES.—Any ex21 cess revenues that remain after satisfying 

22 scheduled debt service requirements on the 

23 project obligations and secured loan and all de24 posit requirements under the terms of any trust 

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1 ment securing project obligations may be ap2 plied annually to prepay the secured loan with3 out penalty. 

4 (B) USE OF PROCEEDS OF REFI5 NANCING.—The secured loan may be prepaid at 

6 any time without penalty from the proceeds of 

7 refinancing from non-Federal funding sources. 

8 (d) SALE OF SECURED LOANS.— 

9 (1) IN GENERAL.—Subject to paragraph (2), as 

10 soon as practicable after substantial completion of a 

11 project and after notifying the obligor, the Assistant 

12 Secretary may sell to another entity or reoffer into 

13 the capital markets a secured loan for the project if 

14 the Assistant Secretary determines that the sale or 

15 reoffering can be made on favorable terms. 

16 (2) CONSENT OF OBLIGOR.—In making a sale 

17 or reoffering under paragraph (1), the Assistant 

18 Secretary may not change the original terms and 

19 conditions of the secured loan without the written 

20 consent of the obligor. 

21 (e) LOAN GUARANTEES.— 

22 (1) IN GENERAL.—The Assistant Secretary 

23 may provide a loan guarantee to a lender in lieu of 

24 making a secured loan under this section if the As25 sistant Secretary determines that the budgetary cost 


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1 of the loan guarantee is substantially the same as 

2 that of a secured loan. 

3 (2) TERMS.—The terms of a loan guarantee 

4 under paragraph (1) shall be consistent with the 

5 terms required under this section for a secured loan, 

6 except that the rate on the guaranteed loan and any 

7 prepayment features shall be negotiated between the 

8 obligor and the lender, with the consent of the As9 sistant Secretary. 

10 (f) STREAMLINED APPLICATION PROCESS.— 

11 (1) IN GENERAL.—The Assistant Secretary 

12 shall develop one or more expedited application proc13 esses, available at the request of entities seeking se14 cured loans under the BIFIA program, that use a 

15 set or sets of conventional terms established pursu16 ant to this section. 

17 (2) TERMS.—In establishing the streamlined 

18 application process required by this subsection, the 

19 Assistant Secretary may allow for an expedited ap20 plication period and include terms such as those that 

21 require— 

22 (A) that the project be a small project; 

23 (B) the secured loan to be secured and 

24 payable from pledged revenues not affected by 

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1 enue pledge, tax increment financing, or a sys2 tem-backed pledge of project revenues; and 

3 (C) repayment of the loan to commence 

4 not later than 5 years after disbursement. 

5 SEC. 13205. LINES OF CREDIT. 

6 (a) IN GENERAL.— 

7 (1) AGREEMENTS.—Subject to paragraphs (2) 

8 through (4), the Assistant Secretary may enter into 

9 agreements to make available to one or more obli10 gors lines of credit in the form of direct loans to be 

11 made by the Assistant Secretary at future dates on 

12 the occurrence of certain events for any project se13 lected under section 13203. 

14 (2) USE OF PROCEEDS.—The proceeds of a line 

15 of credit made available under this section shall be 

16 available to pay debt service on project obligations 

17 issued to finance eligible project costs, extraordinary 

18 repair and replacement costs, operation and mainte19 nance expenses, and costs associated with unex20 pected Federal or State environmental restrictions. 

21 (3) RISK ASSESSMENT.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), before entering into an 

24 agreement under this subsection, the Assistant 

25 Secretary, in consultation with the Director of 


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1 the Office of Management and Budget and each 

2 rating agency providing a preliminary rating 

3 opinion letter under section 13203(b)(2)(A), 

4 shall determine an appropriate capital reserve 

5 subsidy amount for each line of credit, taking 

6 into account the rating opinion letter. 

7 (B) SMALL PROJECTS.—Before entering 

8 into an agreement under this subsection to 

9 make available a line of credit for a small 

10 project, the Assistant Secretary, in consultation 

11 with the Director of the Office of Management 

12 and Budget, shall determine an appropriate 

13 capital reserve subsidy amount for each such 

14 line of credit, taking into account the alter15 native documentation provided under section 

16 13203(b)(2)(B) instead of preliminary rating 

17 opinion letters provided under section 

18 13203(b)(2)(A). 

19 (4) INVESTMENT-GRADE RATING REQUIRE20 MENT.—The funding of a line of credit under this 

21 section shall be contingent on— 

22 (A) the senior obligations of the project re23 ceiving an investment-grade rating from 2 rat24 ing agencies; or 


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1 (B) in the case of a small project, the 

2 project meeting an alternative standard that the 

3 Assistant Secretary shall establish under section 

4 13206 for purposes of this paragraph. 

5 (b) TERMS AND LIMITATIONS.— 

6 (1) IN GENERAL.—A line of credit under this 

7 section with respect to a project shall be on such 

8 terms and conditions and contain such covenants, 

9 representations, warranties, and requirements (in10 cluding requirements for audits) as the Assistant 

11 Secretary determines to be appropriate. 

12 (2) MAXIMUM AMOUNTS.—The total amount of 

13 a line of credit under this section shall not exceed 

14 33 percent of the reasonably anticipated eligible 

15 project costs. 

16 (3) DRAWS.—Any draw on a line of credit 

17 under this section shall— 

18 (A) represent a direct loan; and 

19 (B) be made only if net revenues from the 

20 project (including capitalized interest, but not 

21 including reasonably required financing re22 serves) are insufficient to pay the costs speci23 fied in subsection (a)(2). 

24 (4) INTEREST RATE.—The interest rate on a 

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1 it shall be not less than the yield on 30-year United 

2 States Treasury securities, as of the date of execu3 tion of the line of credit agreement. 

4 (5) SECURITY.—A line of credit issued under 

5 this section— 

6 (A) shall— 

7 (i) be payable, in whole or in part, 

8 from— 

9 (I) amounts charged to— 

10 (aa) subscribers of broad11 band service for such service; or 

12 (bb) subscribers of any re13 lated service provided over the 

14 same infrastructure for such re15 lated service; 

16 (II) user fees; 

17 (III) payments owing to the obli18 gor under a public-private partner19 ship; or 

20 (IV) other dedicated revenue 

21 sources that also secure the senior 

22 project obligations; and 

23 (ii) include a coverage requirement or 

24 similar security feature supporting the 

25 project obligations; and 


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1 (B) may have a lien on revenues described 

2 in subparagraph (A), subject to any lien secur3 ing project obligations. 

4 (6) PERIOD OF AVAILABILITY.—The full 

5 amount of a line of credit under this section, to the 

6 extent not drawn upon, shall be available during the 

7 10-year period beginning on the date of substantial 

8 completion of the project. 

9 (7) RIGHTS OF THIRD-PARTY CREDITORS.— 

10 (A) AGAINST FEDERAL GOVERNMENT.—A 

11 third-party creditor of the obligor shall not have 

12 any right against the Federal Government with 

13 respect to any draw on a line of credit under 

14 this section. 

15 (B) ASSIGNMENT.—An obligor may assign 

16 a line of credit under this section to— 

17 (i) one or more lenders; or 

18 (ii) a trustee on the behalf of such a 

19 lender. 

20 (8) NONSUBORDINATION.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), a direct loan under this sec23 tion shall not be subordinated to the claims of 

24 any holder of project obligations in the event of 


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1 bankruptcy, insolvency, or liquidation of the ob2 ligor. 

3 (B) PRE-EXISTING INDENTURE.— 

4 (i) IN GENERAL.—The Assistant Sec5 retary shall waive the requirement of sub6 paragraph (A) for a public agency bor7 rower that is financing ongoing capital 

8 programs and has outstanding senior 

9 bonds under a preexisting indenture, if— 

10 (I) the line of credit— 

11 (aa) is rated in the A cat12 egory or higher; or 

13 (bb) in the case of a small 

14 project, meets an alternative 

15 standard that the Assistant Sec16 retary shall establish under sec17 tion 13206 for purposes of this 

18 subclause; 

19 (II) the BIFIA program loan re20 sulting from a draw on the line of 

21 credit is payable from pledged reve22 nues not affected by project perform23 ance, such as a tax-backed revenue 

24 pledge or a system-backed pledge of 

25 project revenues; and 


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1 (III) the BIFIA program share 

2 of eligible project costs is 33 percent 

3 or less. 

4 (ii) LIMITATION.—If the Assistant 

5 Secretary waives the nonsubordination re6 quirement under this subparagraph— 

7 (I) the maximum credit subsidy 

8 to be paid by the Federal Government 

9 shall be not more than 10 percent of 

10 the principal amount of the secured 

11 loan; and 

12 (II) the obligor shall be respon13 sible for paying the remainder of the 

14 subsidy cost. 

15 (9) FEES.—The Assistant Secretary may estab16 lish fees at a level sufficient to cover all or a portion 

17 of the costs to the Federal Government of providing 

18 a line of credit under this section. 

19 (10) RELATIONSHIP TO OTHER CREDIT INSTRU20 MENTS.—A project that receives a line of credit 

21 under this section also shall not receive a secured 

22 loan or loan guarantee under section 13204 in an 

23 amount that, combined with the amount of the line 

24 of credit, exceeds 49 percent of eligible project costs. 

25 (c) REPAYMENT.— 


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1 (1) TERMS AND CONDITIONS.—The Assistant 

2 Secretary shall establish repayment terms and condi3 tions for each direct loan under this section based 

4 on— 

5 (A) the projected cash flow from project 

6 revenues and other repayment sources; and 

7 (B) the useful life of the infrastructure for 

8 the provision of broadband service being fi9 nanced. 

10 (2) TIMING.—All repayments of principal or in11 terest on a direct loan under this section shall be 

12 scheduled— 

13 (A) to commence not later than 5 years 

14 after the end of the period of availability speci15 fied in subsection (b)(6); and 

16 (B) to conclude, with full repayment of 

17 principal and interest, by the date that is 25 

18 years after the end of the period of availability 

19 specified in subsection (b)(6). 

20 SEC. 13206. ALTERNATIVE PRUDENTIAL LENDING STAND21 ARDS FOR SMALL PROJECTS. 

22 Not later than 180 days after the date of the enact23 ment of this Act, the Assistant Secretary shall establish 

24 alternative, streamlined prudential lending standards for 

25 small projects receiving credit assistance under the BIFIA 


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1 program to ensure that such projects pose no additional 

2 risk to the Federal Government, as compared with 

3 projects that are not small projects. 

4 SEC. 13207. PROGRAM ADMINISTRATION. 

5 (a) REQUIREMENT.—The Assistant Secretary shall 

6 establish a uniform system to service the Federal credit 

7 instruments made available under the BIFIA program. 

8 (b) FEES.—The Assistant Secretary may collect and 

9 spend fees, contingent on authority being provided in ap10 propriations Acts, at a level that is sufficient to cover— 

11 (1) the costs of services of expert firms retained 

12 pursuant to subsection (d); and 

13 (2) all or a portion of the costs to the Federal 

14 Government of servicing the Federal credit instru15 ments. 

16 (c) SERVICER.— 

17 (1) IN GENERAL.—The Assistant Secretary 

18 may appoint a financial entity to assist the Assistant 

19 Secretary in servicing the Federal credit instru20 ments. 

21 (2) DUTIES.—A servicer appointed under para22 graph (1) shall act as the agent for the Assistant 

23 Secretary. 


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1 (3) FEE.—A servicer appointed under para2 graph (1) shall receive a servicing fee, subject to ap3 proval by the Assistant Secretary. 

4 (d) ASSISTANCE FROM EXPERT FIRMS.—The Assist5 ant Secretary may retain the services of expert firms, in6 cluding counsel, in the field of municipal and project fi7 nance to assist in the underwriting and servicing of Fed8 eral credit instruments. 

9 (e) EXPEDITED PROCESSING.—The Assistant Sec10 retary shall implement procedures and measures to econo11 mize the time and cost involved in obtaining approval and 

12 the issuance of credit assistance under the BIFIA pro13 gram. 

14 (f) ASSISTANCE TO SMALL PROJECTS.—Of the 

15 amount appropriated under section 13210(a), and after 

16 the set-aside for administrative expenses under section 

17 13210(b), not less than 20 percent shall be made available 

18 for the Assistant Secretary to use in lieu of fees collected 

19 under subsection (b) for small projects. 

20 SEC. 13208. STATE AND LOCAL PERMITS. 

21 The provision of credit assistance under the BIFIA 

22 program with respect to a project shall not— 

23 (1) relieve any recipient of the assistance of any 

24 obligation to obtain any required State or local per25 mit or approval with respect to the project; 


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1 (2) limit the right of any unit of State or local 

2 government to approve or regulate any rate of re3 turn on private equity invested in the project; or 

4 (3) otherwise supersede any State or local law 

5 (including any regulation) applicable to the construc6 tion or operation of the project. 

7 SEC. 13209. REGULATIONS. 

8 The Assistant Secretary may promulgate such regula9 tions as the Assistant Secretary determines to be appro10 priate to carry out the BIFIA program. 

11 SEC. 13210. FUNDING. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Assistant Secretary 

14 $5,000,000,000 for fiscal year 2022 to carry out this part, 

15 and such amount is authorized to remain available 

16 through fiscal year 2026. 

17 (b) ADMINISTRATIVE EXPENSES.—Of the amount 

18 appropriated under subsection (a), the Assistant Secretary 

19 may use not more than 5 percent for the administration 

20 of the BIFIA program. 

21 SEC. 13211. REPORTS TO CONGRESS. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of the enactment of this Act, and every 2 years there24 after, the Assistant Secretary shall submit to Congress a 

25 report summarizing the financial performance of the 


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1 projects that are receiving, or have received, assistance 

2 under the BIFIA program, including a recommendation 

3 as to whether the objectives of the BIFIA program are 

4 best served by— 

5 (1) continuing the program under the authority 

6 of the Assistant Secretary; or 

7 (2) establishing a Federal corporation or feder8 ally sponsored enterprise to administer the program. 

9 (b) APPLICATION PROCESS REPORT.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of the enactment of this Act, and annually 

12 thereafter, the Assistant Secretary shall submit to 

13 the Committee on Energy and Commerce of the 

14 House of Representatives and the Committee on 

15 Commerce, Science, and Transportation of the Sen16 ate a report that includes a list of all of the letters 

17 of interest and applications received for assistance 

18 under the BIFIA program during the preceding fis19 cal year. 

20 (2) INCLUSIONS.— 

21 (A) IN GENERAL.—Each report under 

22 paragraph (1) shall include, at a minimum, a 

23 description of, with respect to each letter of in24 terest and application included in the report— 


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1 (i) the date on which the letter of in2 terest or application was received; 

3 (ii) the date on which a notification 

4 was provided to the applicant regarding 

5 whether the application was complete or 

6 incomplete; 

7 (iii) the date on which a revised and 

8 completed application was submitted (if 

9 applicable); 

10 (iv) the date on which a notification 

11 was provided to the applicant regarding 

12 whether the project was approved or dis13 approved; and 

14 (v) if the project was not approved, 

15 the reason for the disapproval. 

16 (B) CORRESPONDENCE.—Each report 

17 under paragraph (1) shall include copies of any 

18 correspondence provided to the applicant in ac19 cordance with section 13203(d). 

20 PART 3—WI-FI ON SCHOOL BUSES 

21 SEC. 13301. E-RATE SUPPORT FOR SCHOOL BUS WI-FI. 

22 (a) DEFINITION.—In this section, the term ‘‘school 

23 bus’’ means a passenger motor vehicle that is— 

24 (1) designed to carry a driver and not less than 

25 5 passengers; and 


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1 (2) used significantly to transport early child 

2 education, elementary school, or secondary school 

3 students to or from school or an event related to 

4 school. 

5 (b) RULEMAKING.—Notwithstanding the limitations 

6 under paragraphs (1)(B) and (2)(A) of section 254(h) of 

7 the Communications Act of 1934 (47 U.S.C. 254(h)) re8 garding the authorized recipients and uses of discounted 

9 telecommunications services, not later than 180 days after 

10 the date of enactment of this Act, the Commission shall 

11 commence a rulemaking to make the provision of Wi-Fi 

12 access on school buses eligible for support under the E13 rate program of the Commission set forth under subpart 

14 F of part 54 of title 47, Code of Federal Regulations. 

15 Subtitle D—Community Broadband 

16 SEC. 14001. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, 

17 AND CO-OP BROADBAND SERVICES. 

18 Section 706 of the Telecommunications Act of 1996 

19 (47 U.S.C. 1302) is amended— 

20 (1) by redesignating subsection (d) as sub21 section (e) and inserting after subsection (c) the fol22 lowing: 

23 ‘‘(d) STATE, LOCAL, PUBLIC-PRIVATE PARTNER24 SHIP, AND CO-OP ADVANCED TELECOMMUNICATIONS CA25 PABILITY AND SERVICES.— 


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1 ‘‘(1) IN GENERAL.—No State statute, regula2 tion, or other State legal requirement may prohibit 

3 or have the effect of prohibiting any public provider, 

4 public-private partnership provider, or cooperatively 

5 organized provider from providing, to any person or 

6 any public or private entity, advanced telecommuni7 cations capability or any service that utilizes the ad8 vanced telecommunications capability provided by 

9 such provider. 

10 ‘‘(2) ANTIDISCRIMINATION SAFEGUARDS.— 

11 ‘‘(A) PUBLIC PROVIDERS.—To the extent 

12 any public provider regulates competing private 

13 providers of advanced telecommunications capa14 bility or services that utilize advanced tele15 communications capability, such public provider 

16 shall apply its ordinances and rules without dis17 crimination in favor of itself or any provider 

18 that it owns of services that utilize advanced 

19 telecommunications capability. 

20 ‘‘(B) PUBLIC-PRIVATE PARTNERSHIP PRO21 VIDERS.—To the extent any State or local enti22 ty that is part of a public-private partnership 

23 provider regulates competing private providers 

24 of advanced telecommunications capability or 

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1 cations capability, such State or local entity 

2 shall apply its ordinances and rules without dis3 crimination in favor of such public-private part4 nership provider or any provider that such 

5 State or local entity or public-private partner6 ship provider owns of services that utilize ad7 vanced telecommunications capability. 

8 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub9 section shall exempt a public provider, public-private 

10 partnership provider, or cooperatively organized pro11 vider from any Federal or State telecommunications 

12 law or regulation that applies to all providers of ad13 vanced telecommunications capability or services 

14 that utilize such advanced telecommunications capa15 bility.’’; and 

16 (2) in subsection (e), as redesignated— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘this subsection’’ and inserting 

19 ‘‘this section’’; 

20 (B) by redesignating paragraph (2) as 

21 paragraph (3); 

22 (C) by inserting after paragraph (1) the 

23 following: 

24 ‘‘(2) COOPERATIVELY ORGANIZED PROVIDER.— 

25 The term ‘cooperatively organized provider’ means 


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1 an entity that is treated as a cooperative under Fed2 eral tax law and that provides advanced tele3 communications capability, or any service that uti4 lizes such advanced telecommunications capability, 

5 to any person or public or private entity.’’; and 

6 (D) by adding at the end the following: 

7 ‘‘(4) PUBLIC PROVIDER.—The term ‘public pro8 vider’ means a State or local entity that provides ad9 vanced telecommunications capability, or any service 

10 that utilizes such advanced telecommunications ca11 pability, to any person or public or private entity. 

12 ‘‘(5) PUBLIC-PRIVATE PARTNERSHIP PRO13 VIDER.—The term ‘public-private partnership pro14 vider’ means a public-private partnership, between a 

15 State or local entity and a private entity, that pro16 vides advanced telecommunications capability, or any 

17 service that utilizes such advanced telecommuni18 cations capability, to any person or public or private 

19 entity. 

20 ‘‘(6) STATE OR LOCAL ENTITY.—The term 

21 ‘State or local entity’ means a State or political sub22 division thereof, any agency, authority, or instru23 mentality of a State or political subdivision thereof, 

24 or an Indian Tribe (as defined in section 4(e) of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304(e))).’’. 

3 Subtitle E—Next Generation 9–1–1 

4 SEC. 15001. FURTHER DEPLOYMENT OF NEXT GENERATION 

5 9–1–1. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) The 9–1–1 systems of the United States, 

8 while a model for the entire world, lack the advanced 

9 functionality, interoperability, reliability, and capa10 bilities that come with the adoption of new digital 

11 communications technologies. 

12 (2) Communications technologies currently 

13 available to the public, including first responders 

14 and other public safety personnel, have substantially 

15 outpaced the legacy communications technologies 

16 still used by most emergency communications cen17 ters in the 9–1–1 systems of the United States. 

18 (3) This lack of modern technology, when cou19 pled with other challenges, is impacting the ability of 

20 the 9–1–1 systems of the United States to efficiently 

21 and effectively provide responses to emergencies. 

22 (4) Modernizing the 9–1–1 systems of the 

23 United States to incorporate the new and evolving 

24 capabilities of broadband voice and data communica25 tions is essential for the safety and security of the 


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1 public, including first responders and other public 

2 safety personnel. 

3 (5) Efforts to modernize the 9–1–1 systems of 

4 the United States to date, while laudable and impor5 tant, have been limited due to a lack of funding and 

6 inconsistent or unclear policies related to the govern7 ance, deployment, and operations of Next Genera8 tion 9–1–1. 

9 (6) A nationwide strategy for Next Generation 

10 9–1–1 has become essential to help guide the transi11 tion and create a common framework for implemen12 tation of Next Generation 9–1–1 while preserving 

13 State, regional, and local control over the governance 

14 and technology choices of the 9–1–1 systems of the 

15 United States. 

16 (7) Accelerated implementation of Next Genera17 tion 9–1–1 will— 

18 (A) increase compatibility with emerging 

19 communications trends; 

20 (B) enhance the flexibility, reliability, and 

21 survivability of the 9–1–1 systems of the United 

22 States during major incidents; 

23 (C) improve emergency response for the 

24 public, including first responders and other 

25 public safety personnel; 


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1 (D) promote the interoperability of the 9– 

2 1–1 systems of the United States with emer3 gency response providers including users of the 

4 Nationwide Public Safety Broadband Network 

5 being deployed by the First Responder Network 

6 Authority; and 

7 (E) increase the cost effectiveness of oper8 ating the 9–1–1 systems of the United States. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) the 9–1–1 professionals in the United 

12 States perform important and lifesaving work every 

13 day, and need the tools and communications tech14 nologies to perform the work effectively in a world 

15 with digital communications technologies; 

16 (2) the transition from the legacy communica17 tions technologies used in the 9–1–1 systems of the 

18 United States to Next Generation 9–1–1 is a na19 tional priority and a national imperative; 

20 (3) the United States should complete the tran21 sition described in paragraph (2) as soon as prac22 ticable; 

23 (4) the United States should develop a nation24 wide framework that facilitates cooperation among 


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1 Federal, State, and local officials on deployment of 

2 Next Generation 9–1–1 in order to meet that goal; 

3 (5) the term ‘‘Public Safety Answering Point’’ 

4 becomes outdated in a broadband environment and 

5 9–1–1 centers are increasingly and appropriately 

6 being referred to as emergency communications cen7 ters; and 

8 (6) 9–1–1 authorities and emergency commu9 nications centers should have sufficient resources to 

10 implement Next Generation 9–1–1, including re11 sources to support associated geographic information 

12 systems (commonly known as ‘‘GIS’’), and cyberse13 curity measures. 

14 (c) STATEMENT OF POLICY.—It is the policy of the 

15 United States that— 

16 (1) Next Generation 9–1–1 should be techno17 logically and competitively neutral; 

18 (2) Next Generation 9–1–1 should be interoper19 able and reliable; 

20 (3) the governance and control of the 9–1–1 

21 systems of the United States, including Next Gen22 eration 9–1–1, should remain at the State, regional, 

23 and local level; and 


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1 (4) individuals in the United States should re2 ceive information on how to best utilize Next Gen3 eration 9–1–1 and on its capabilities and usefulness. 

4 (d) COORDINATION OF NEXT GENERATION 9–1–1 

5 IMPLEMENTATION.—Part C of title I of the National Tele6 communications and Information Administration Organi7 zation Act (47 U.S.C. 901 et seq.) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 159. COORDINATION OF NEXT GENERATION 9–1–1 IM10 PLEMENTATION. 

11 ‘‘(a) ADDITIONAL FUNCTIONS OF 9–1–1 IMPLEMEN12 TATION COORDINATION OFFICE.— 

13 ‘‘(1) AUTHORITY.—The Office shall implement 

14 the provisions of this section. 

15 ‘‘(2) MANAGEMENT PLAN.— 

16 ‘‘(A) DEVELOPMENT.—The Assistant Sec17 retary and the Administrator shall develop and 

18 may modify a management plan for the grant 

19 program established under this section, includ20 ing by developing— 

21 ‘‘(i) plans related to the organiza22 tional structure of such program; and 

23 ‘‘(ii) funding profiles for each fiscal 

24 year of the duration of such program. 


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1 ‘‘(B) SUBMISSION TO CONGRESS.—Not 

2 later than 90 days after the date of the enact3 ment of this section or 90 days after the date 

4 on which the plan is modified, as applicable, the 

5 Assistant Secretary and the Administrator shall 

6 submit the management plan developed or 

7 modified, as applicable, under subparagraph (A) 

8 to— 

9 ‘‘(i) the Committees on Commerce, 

10 Science, and Transportation and Appro11 priations of the Senate; and 

12 ‘‘(ii) the Committees on Energy and 

13 Commerce and Appropriations of the 

14 House of Representatives. 

15 ‘‘(3) PURPOSE OF OFFICE.—The Office shall— 

16 ‘‘(A) take actions, in concert with coordi17 nators designated in accordance with subsection 

18 (b)(2)(A)(ii), to improve coordination and com19 munication with respect to the implementation 

20 of Next Generation 9–1–1; 

21 ‘‘(B) develop, collect, and disseminate in22 formation concerning practices, procedures, and 

23 technology used in the implementation of Next 

24 Generation 9–1–1; 


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1 ‘‘(C) advise and assist eligible entities in 

2 the preparation of implementation plans re3 quired under subsection (b)(2)(A)(iii); 

4 ‘‘(D) provide technical assistance to grant5 ees in support of efforts to explore efficiencies 

6 related to Next Generation 9–1–1 functions; 

7 ‘‘(E) receive, review, and recommend the 

8 approval or disapproval of applications for 

9 grants under subsection (b); and 

10 ‘‘(F) oversee the use of funds provided by 

11 such grants in fulfilling such implementation 

12 plans. 

13 ‘‘(4) ANNUAL REPORTS.—Not later than Octo14 ber 1 of each year, the Assistant Secretary and the 

15 Administrator shall submit to Congress a report on 

16 the activities of the Office to meet the requirements 

17 described under paragraph (3) for the previous year. 

18 ‘‘(5) NATIONWIDE NEXT GENERATION 9–1–1

19 SECURITY OPERATIONS CENTER.— 

20 ‘‘(A) ESTABLISHMENT.—There is estab21 lished within the Office the Nationwide Next 

22 Generation 9–1–1 Security Operations Center. 

23 ‘‘(B) ORGANIZATION.—The Office shall 

24 consider the recommendations of the Next Gen25 eration 9–1–1 Advisory Board established 


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1 under section 160 in selecting the appropriate 

2 personnel to best fulfill the Center’s mission. 

3 ‘‘(C) MISSION.—The Center shall— 

4 ‘‘(i) serve as a centralized emergency 

5 communications cybersecurity center that 

6 has the ability to provide integrated intru7 sion, detection and prevention services at 

8 multiple levels and layers, in support of 

9 local operations; 

10 ‘‘(ii) provide forensic data to cyber re11 sponders and investigators in the event of 

12 an incident; 

13 ‘‘(iii) activate pre-planned mitigation 

14 measures as agreed upon with emergency 

15 communications centers and as appropriate 

16 during a cyber incident; 

17 ‘‘(iv) assist application vendors and 

18 third parties with a public safety mission, 

19 such as mental health hotlines, telehealth 

20 providers, vehicle telematics provider, and 

21 alarm companies, in ensuring secure 

22 connectivity and providing vetted and se23 cure services; and 

24 ‘‘(v) assist Federal, State, and local 

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1 nals whether located in the United States 

2 or internationally. 

3 ‘‘(b) NEXT GENERATION 9–1–1 IMPLEMENTATION

4 GRANTS.— 

5 ‘‘(1) GRANTS.—The Assistant Secretary and 

6 the Administrator, acting through the Office, shall 

7 provide grants to eligible entities for— 

8 ‘‘(A) the implementation of Next Genera9 tion 9–1–1; 

10 ‘‘(B) establishing and maintaining Next 

11 Generation 9–1–1; 

12 ‘‘(C) training directly related to Next Gen13 eration 9–1–1 if— 

14 ‘‘(i) the cost related to the training 

15 does not exceed 3 percent of the total 

16 grant award, or up to 5 percent of the 

17 total grant award if sufficiently justified to 

18 the Office; and 

19 ‘‘(ii) permissible costs may include— 

20 ‘‘(I) actual wages incurred for 

21 travel and attendance, including any 

22 necessary overtime pay and backfill 

23 wage; 

24 ‘‘(II) travel expenses; 

25 ‘‘(III) instructor expenses; and 


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1 ‘‘(IV) facility costs and training 

2 materials; 

3 ‘‘(D) public outreach and education on how 

4 best to use Next Generation 9–1–1 and the ca5 pabilities and usefulness of Next Generation 9– 

6 1–1; and 

7 ‘‘(E) administrative cost associated with 

8 planning and implementation of Next Genera9 tion 9–1–1, including any cost related to plan10 ning for and preparing an application and re11 lated materials as required by this subsection, 

12 if— 

13 ‘‘(i) the cost is fully documented in 

14 materials submitted to the Office; and 

15 ‘‘(ii) the cost is reasonable, necessary, 

16 and does not exceed 1 percent of the total 

17 grant award for an eligible entity and 1 

18 percent of the total grant award for an 

19 emergency communications center. 

20 ‘‘(2) COORDINATION REQUIRED.—In providing 

21 grants under paragraph (1), the Assistant Secretary 

22 and the Administrator, acting through the Office, 

23 shall require an eligible entity to certify in the appli24 cation that— 


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1 ‘‘(A) in the case of an eligible entity that 

2 is a State, the entity— 

3 ‘‘(i) has coordinated the application 

4 with the emergency communications cen5 ters located within the jurisdiction of the 

6 entity; 

7 ‘‘(ii) has designated a single officer or 

8 governmental body to serve as the State 

9 point of contact to coordinate the imple10 mentation of Next Generation 9–1–1 for 

11 that State, except that such designation 

12 need not vest such coordinator with direct 

13 legal authority to implement Next Genera14 tion 9–1–1 or to manage emergency com15 munications operations; and 

16 ‘‘(iii) has developed and submitted a 

17 plan for the coordination and implementa18 tion of Next Generation 9–1–1 that— 

19 ‘‘(I) ensures interoperability by 

20 requiring the use of commonly accept21 ed standards; 

22 ‘‘(II) ensures reliable operations; 

23 ‘‘(III) enables emergency commu24 nications centers to process, analyze, 


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1 and store multimedia, data, and other 

2 information; 

3 ‘‘(IV) incorporates the use of ef4 fective cybersecurity resources; 

5 ‘‘(V) uses open and competitive 

6 request for proposal processes, includ7 ing through shared government pro8 curement vehicles, for deployment of 

9 Next Generation 9–1–1; 

10 ‘‘(VI) documents how input was 

11 received and accounted for from rel12 evant rural and urban emergency 

13 communications centers, regional au14 thorities, local authorities, and Tribal 

15 authorities; 

16 ‘‘(VII) includes a governance 

17 body or bodies, either by creation of 

18 new or use of existing body or bodies, 

19 for the development and deployment 

20 of Next Generation 9–1–1 that— 

21 ‘‘(aa) ensures full notice and 

22 opportunity for participation by 

23 relevant stakeholders; and 


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1 ‘‘(bb) consults and coordi2 nates with the State point of con3 tact required by clause (ii); 

4 ‘‘(VIII) creates efficiencies re5 lated to Next Generation 9–1–1 func6 tions, including cybersecurity and the 

7 virtualization and sharing of infra8 structure, equipment, and services; 

9 and 

10 ‘‘(IX) that an effective, competi11 tive approach to establishing authen12 tication, credentialing, secure connec13 tions, and access is utilized, including 

14 by— 

15 ‘‘(aa) requiring certificate 

16 authorities to be capable of cross17 certification with other authori18 ties; 

19 ‘‘(bb) avoiding risk of a sin20 gle point of failure or vulner21 ability; and 

22 ‘‘(cc) adhering to Federal 

23 agency best practices such as 

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1 tional Institute of Standards and 

2 Technology; and 

3 ‘‘(B) in the case of an eligible entity that 

4 is a Tribal Organization, the Tribal Organiza5 tion has complied with clauses (i) and (iii) of 

6 subparagraph (A), and the State in which the 

7 Tribal Organization is located has complied 

8 with clause (ii) of such subparagraph. 

9 ‘‘(3) CRITERIA.— 

10 ‘‘(A) IN GENERAL.—Not later than 9 

11 months after the date of the enactment of this 

12 section, the Assistant Secretary and the Admin13 istrator shall issue regulations, after providing 

14 the public with notice and an opportunity to 

15 comment, prescribing the criteria for selection 

16 for grants under this subsection. 

17 ‘‘(B) REQUIREMENTS.—The criteria 

18 shall— 

19 ‘‘(i) include performance requirements 

20 and a schedule for completion of any 

21 project to be financed by a grant under 

22 this subsection; and 

23 ‘‘(ii) specifically permit regional or 

24 multi-State applications for funds. 


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1 ‘‘(C) UPDATES.—The Assistant Secretary 

2 and the Administrator shall update such regula3 tions as necessary. 

4 ‘‘(4) GRANT CERTIFICATIONS.—Each applicant 

5 for a grant under this subsection shall certify to the 

6 Assistant Secretary and the Administrator at the 

7 time of application, and each applicant that receives 

8 such a grant shall certify to the Assistant Secretary 

9 and the Administrator annually thereafter during 

10 any period of time the funds from the grant are 

11 available to the applicant, that— 

12 ‘‘(A) no portion of any designated 9–1–1 

13 charges imposed by a State or other taxing ju14 risdiction within which the applicant is located 

15 are being obligated or expended for any purpose 

16 other than the purposes for which such charges 

17 are designated or presented during the period 

18 beginning 180 days immediately preceding the 

19 date on which the application was filed and con20 tinuing through the period of time during which 

21 the funds from the grant are available to the 

22 applicant; 

23 ‘‘(B) any funds received by the applicant 

24 will be used to support deployment of Next 

25 Generation 9–1–1 that ensures reliability and, 


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1 by requiring the use of commonly accepted 

2 standards, interoperability; 

3 ‘‘(C) the State in which the applicant re4 sides has established, or has committed to es5 tablish no later than 3 years following the date 

6 on which the funds are distributed to the appli7 cant, a sustainable funding mechanism for Next 

8 Generation 9–1–1 and effective cybersecurity 

9 resources to be deployed pursuant to the grant; 

10 ‘‘(D) the applicant will promote interoper11 ability between Next Generation 9–1–1 emer12 gency communications centers and emergency 

13 response providers including users of the na14 tionwide public safety broadband network im15 plemented by the First Responder Network Au16 thority; 

17 ‘‘(E) the applicant has or will take steps to 

18 coordinate with adjoining States to establish 

19 and maintain Next Generation 9–1–1; and 

20 ‘‘(F) the applicant has developed a plan for 

21 public outreach and education on how to best 

22 use Next Generation 9–1–1 and on its capabili23 ties and usefulness. 

24 ‘‘(5) CONDITION OF GRANT.—Each applicant 

25 for a grant under this subsection shall agree, as a 


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1 condition of receipt of the grant, that if the State or 

2 other taxing jurisdiction within which the applicant 

3 is located, during any period of time during which 

4 the funds from the grant are available to the appli5 cant, fails to comply with the certifications required 

6 under paragraph (4), all of the funds from such 

7 grant shall be returned to the Office. 

8 ‘‘(6) PENALTY FOR PROVIDING FALSE INFOR9 MATION.—Any applicant that provides a certification 

10 under paragraph (5) knowing that the information 

11 provided in the certification was false shall— 

12 ‘‘(A) not be eligible to receive the grant 

13 under this subsection; 

14 ‘‘(B) return any grant awarded under this 

15 subsection during the time that the certification 

16 was not valid; and 

17 ‘‘(C) not be eligible to receive any subse18 quent grants under this subsection. 

19 ‘‘(7) PROHIBITION.—Grants provided under 

20 this subsection may not be used— 

21 ‘‘(A) for any component of the Nationwide 

22 Public Safety Broadband Network; or 

23 ‘‘(B) to make any payments to a person 

24 who has been, for reasons of national security, 

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1 ment from bidding on a contract, participating 

2 in an auction, or receiving a grant. 

3 ‘‘(8) FUNDING AND TERMINATION.—In addition 

4 to any funds authorized for grants under section 

5 158, there is authorized to be appropriated 

6 $15,000,000,000 for fiscal years 2022 through 

7 2026, of which $24,000,000 may be used by the Of8 fice for reasonable and necessary administrative 

9 costs associated with the grant program and to es10 tablish the Nationwide Next Generation 9–1–1 Secu11 rity Operations Center under subsection (a)(5). 

12 ‘‘(c) DEFINITIONS.—In this section and section 160: 

13 ‘‘(1) 9–1–1 REQUEST FOR EMERGENCY ASSIST14 ANCE.—The term ‘9–1–1 request for emergency as15 sistance’ means a communication, such as voice, 

16 text, picture, multimedia, or any other type of data 

17 that is sent to an emergency communications center 

18 for the purpose of requesting emergency assistance. 

19 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis20 trator’ means the Administrator of the National 

21 Highway Traffic Safety Administration. 

22 ‘‘(3) COMMONLY ACCEPTED STANDARDS.—The 

23 term ‘commonly accepted standards’ means the tech24 nical standards followed by the communications in25 dustry for network, device, and Internet Protocol 


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1 connectivity that enable interoperability, including 

2 but not limited to— 

3 ‘‘(A) standards developed by the Third 

4 Generation Partnership Project (3GPP), the In5 stitute of Electrical and Electronics Engineers 

6 (IEEE), the Alliance for Telecommunications 

7 Industry Solutions (ATIS), the Internet Engi8 neering Taskforce (IETF), and the Inter9 national Telecommunications Union (ITU); and 

10 ‘‘(B) standards approved by the American 

11 National Standards Institute (ANSI) that meet 

12 the definition of interoperable within this sec13 tion. 

14 ‘‘(4) DESIGNATED 9–1–1 CHARGES.—The term 

15 ‘designated 9–1–1 charges’ means any taxes, fees, or 

16 other charges imposed by a State or other taxing ju17 risdiction that are designated or presented as dedi18 cated to deliver or improve 9–1–1 services, E9–1–1 

19 services (as defined in section 158(e)), or Next Gen20 eration 9–1–1. 

21 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en22 tity’— 

23 ‘‘(A) means a State or a Tribal organiza24 tion (as defined in section 4(l) of the Indian 


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1 Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304)); 

3 ‘‘(B) includes public authorities, boards, 

4 commissions, and similar bodies created by one 

5 or more eligible entities described in subpara6 graph (A) to coordinate or provide Next Gen7 eration 9–1–1; and 

8 ‘‘(C) does not include any entity that has 

9 failed to submit the certifications required 

10 under subsection (b)(4). 

11 ‘‘(6) EMERGENCY COMMUNICATIONS CENTER.— 

12 The term ‘emergency communications center’ means 

13 a facility that is designated to receive a 9–1–1 re14 quest for emergency assistance and perform one or 

15 more of the following functions: 

16 ‘‘(A) Process and analyze 9–1–1 requests 

17 for emergency assistance and other gathered in18 formation. 

19 ‘‘(B) Dispatch appropriate emergency re20 sponse providers. 

21 ‘‘(C) Transfer or exchange 9–1–1 requests 

22 for emergency assistance and other gathered in23 formation with other emergency communica24 tions centers and emergency response providers. 


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1 ‘‘(D) Analyze any communications received 

2 from emergency response providers. 

3 ‘‘(E) Support incident command functions. 

4 ‘‘(7) EMERGENCY RESPONSE PROVIDER.—The 

5 term ‘emergency response provider’ has the meaning 

6 given that term under section 2 of the Homeland Se7 curity Act of 2002 (6 U.S.C. 101). 

8 ‘‘(8) INTEROPERABLE.—The term ‘interoper9 able’ or ‘interoperability’ means the capability of 

10 emergency communications centers to receive 9–1–1 

11 requests for emergency assistance and related data 

12 such as location information and callback numbers 

13 from the public, then process and share the 9–1–1 

14 requests for emergency assistance and related data 

15 with other emergency communications centers and 

16 emergency response providers without the need for 

17 proprietary interfaces and regardless of jurisdiction, 

18 equipment, device, software, service provider, or 

19 other relevant factors. 

20 ‘‘(9) NATIONWIDE.—The term ‘nationwide’ 

21 means each State of the United States, the District 

22 of Columbia, Puerto Rico, American Samoa, Guam, 

23 the United States Virgin Islands, the Northern Mar24 iana Islands, any other territory or possession of the 


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1 United States, and each federally recognized Indian 

2 Tribe. 

3 ‘‘(10) NATIONWIDE PUBLIC SAFETY

4 BROADBAND NETWORK.—The term ‘nationwide pub5 lic safety broadband network’ has the meaning given 

6 the term in section 6001 of the Middle Class Tax 

7 Relief and Job Creation Act of 2012 (47 U.S.C. 

8 1401). 

9 ‘‘(11) NEXT GENERATION 9–1–1.—The term 

10 Next Generation 9–1–1 means an interoperable, se11 cure, Internet Protocol-based system that— 

12 ‘‘(A) employs commonly accepted stand13 ards; 

14 ‘‘(B) enables the appropriate emergency 

15 communications centers to receive, process, and 

16 analyze all types of 9–1–1 requests for emer17 gency assistance; 

18 ‘‘(C) acquires and integrates additional in19 formation useful to handling 9–1–1 requests for 

20 emergency assistance; and 

21 ‘‘(D) supports sharing information related 

22 to 9–1–1 requests for emergency assistance 

23 among emergency communications centers and 

24 emergency response providers. 


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1 ‘‘(12) OFFICE.—The term ‘Office’ means the 

2 Next Generation 9–1–1 Implementation Coordina3 tion Office established under section 158. 

4 ‘‘(13) RELIABILITY.—The term ‘reliability’ or 

5 ‘reliable’ means the employment of sufficient meas6 ures to ensure the ongoing operation of Next Gen7 eration 9–1–1 including through the use of geo-di8 verse, device- and network-agnostic elements that 

9 provide more than one physical route between end 

10 points with no common points where a single failure 

11 at that point would cause all to fail. 

12 ‘‘(14) STATE.—The term ‘State’ means any 

13 State of the United States, the District of Columbia, 

14 Puerto Rico, American Samoa, Guam, the United 

15 States Virgin Islands, the Northern Mariana Is16 lands, and any other territory or possession of the 

17 United States. 

18 ‘‘(15) SUSTAINABLE FUNDING MECHANISM.— 

19 The term ‘sustainable funding mechanism’ means a 

20 funding mechanism that provides adequate revenues 

21 to cover ongoing expenses, including operations, 

22 maintenance, and upgrades. 


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1 ‘‘SEC. 160. ESTABLISHMENT OF NEXT GENERATION 9–1–1 

2 ADVISORY BOARD. 

3 ‘‘(a) ESTABLISHMENT.—The Assistant Secretary and 

4 Administrator, acting through the Office, shall establish 

5 a ‘Next Generation 9–1–1 Advisory Board’ (in this section 

6 referred to as the ‘Board’) to advise the Office in carrying 

7 out its duties and responsibilities under this section and 

8 section 159. 

9 ‘‘(b) MEMBERSHIP.— 

10 ‘‘(1) VOTING MEMBERS.—Not later than 30 

11 days after the date of enactment of this section, the 

12 Assistant Secretary and Administrator, acting 

13 through the Office, shall appoint 16 public safety 

14 members to the Board, of which— 

15 ‘‘(A) 4 members shall be representative of 

16 local law enforcement officials; 

17 ‘‘(B) 4 members shall be representative of 

18 fire and rescue officials; 

19 ‘‘(C) 4 members shall be representative of 

20 emergency medical service officials; and 

21 ‘‘(D) 4 members shall be representative of 

22 9–1–1 professionals. 

23 ‘‘(2) DIVERSITY OF MEMBERSHIP.—Members 

24 shall be representatives of State and local govern25 ments, chosen to reflect geographic and population 


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1 density differences as well as public safety organiza2 tions at the national level across the United States. 

3 ‘‘(3) EXPERTISE.—All members shall have spe4 cific expertise necessary for developing technical re5 quirements under this section, such as technical ex6 pertise, and public safety communications and 9–1– 

7 1 expertise. 

8 ‘‘(4) RANK AND FILE MEMBERS.—A rank and 

9 file member from each of the public safety dis10 ciplines listed in subparagraphs (A), (B), and (C), of 

11 paragraph (1) shall be appointed as a voting mem12 ber of the Board and shall be selected from an orga13 nization that represents their public safety discipline 

14 at the national level. 

15 ‘‘(c) PERIOD OF APPOINTMENT.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), members of the Board shall be appointed 

18 for the life of the Board. 

19 ‘‘(2) REMOVAL FOR CAUSE.—A member of the 

20 Board may be removed for cause upon the deter21 mination of the Assistant Secretary and Adminis22 trator. 

23 ‘‘(d) VACANCIES.—Any vacancy in the Board shall be 

24 filled in the same manner as the original appointment. 


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1 ‘‘(e) QUORUM.—A majority of the members of the 

2 Board shall constitute a quorum. 

3 ‘‘(f) CHAIRPERSON AND VICE CHAIRPERSON.—The 

4 Board shall select a Chairperson and Vice Chairperson 

5 from among the voting members of the Board. 

6 ‘‘(g) DUTIES OF THE BOARD.—Not later than 120 

7 days after the date of the enactment of this section, the 

8 Board shall submit to the Office recommendations con9 cerning: 

10 ‘‘(1) the importance of deploying Next Genera11 tion 9–1–1 in rural and urban areas; 

12 ‘‘(2) the importance of ensuring flexibility in 

13 guidance, rules, and grant funding to allow for tech14 nology improvements; 

15 ‘‘(3) the value of creating efficiencies related to 

16 Next Generation 9–1–1 functions, including cyberse17 curity and the virtualization and sharing of core in18 frastructure; 

19 ‘‘(4) the value of enabling effective coordination 

20 among State, local, Tribal, and territorial govern21 ment entities to ensure that the needs of emergency 

22 communications centers in both rural and urban 

23 areas are taken into account in each plan for the co24 ordination and implementation of Next Generation 

25 9–1–1; and 


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1 ‘‘(5) the relevance of existing cybersecurity re2 sources to Next Generation 9–1–1 procurement and 

3 deployment. 

4 ‘‘(h) CONSIDERATION BY THE OFFICE.—The Office 

5 shall consider the recommendations of the Board as the 

6 Office carries out the responsibilities of the Office under 

7 this section. 

8 ‘‘(i) EXEMPTION FROM FACA.—The Federal Advi9 sory Committee Act (5 U.S.C. App.) shall not apply to 

10 the Board. 

11 ‘‘(j) DURATION OF AUTHORITY.—The Board shall re12 main in place throughout the period that grant funds are 

13 authorized under section 159(b)(1) to provide additional 

14 advice from time to time to the Office.’’. 

15 (e) SAVINGS PROVISION.—Nothing in this section or 

16 any amendment made by this section shall affect any ap17 plication pending or grant awarded under section 158 of 

18 the National Telecommunications and Information Ad19 ministration Organization Act (47 U.S.C. 942) before the 

20 date of the enactment of this section. 

21 TITLE II—DRINKING WATER 

22 INFRASTRUCTURE 

23 SEC. 20001. DRINKING WATER SRF FUNDING. 

24 (a) FUNDING.— 


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1 (1) STATE REVOLVING LOAN FUNDS.—Section 

2 1452(m)(1) of the Safe Drinking Water Act (42 

3 U.S.C. 300j–12(m)(1)) is amended— 

4 (A) in subparagraph (B), by striking 

5 ‘‘and’’; 

6 (B) in subparagraph (C), by striking 

7 ‘‘2021.’’ and inserting ‘‘2021;’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(D) $4,140,000,000 for fiscal year 2022; 

10 ‘‘(E) $4,800,000,000 for fiscal year 2023; 

11 and 

12 ‘‘(F) $5,500,000,000 for each of fiscal 

13 years 2024 through 2026.’’. 

14 (2) INDIAN RESERVATION DRINKING WATER

15 PROGRAM.—Section 2001(d) of America’s Water In16 frastructure Act of 2018 (Public Law 115–270) is 

17 amended by striking ‘‘2022’’ and inserting ‘‘2026’’. 

18 (3) VOLUNTARY SCHOOL AND CHILD CARE PRO19 GRAM LEAD TESTING GRANT PROGRAM.—Section 

20 1464(d)(8) of the Safe Drinking Water Act (42 

21 U.S.C. 300j–24(d)(8)) is amended by striking ‘‘and 

22 2021’’ and inserting ‘‘through 2026’’. 

23 (4) DRINKING WATER FOUNTAIN REPLACE24 MENT FOR SCHOOLS.—Section 1465(d) of the Safe 


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1 Drinking Water Act (42 U.S.C. 300j–25(d)) is 

2 amended by striking ‘‘2021’’ and inserting ‘‘2026’’. 

3 (5) GRANTS FOR STATE PROGRAMS.—Section 

4 1443(a)(7) of the Safe Drinking Water Act (42 

5 U.S.C. 300j–2(a)(7)) is amended by striking ‘‘and 

6 2021’’ and inserting ‘‘through 2026’’. 

7 (b) AMERICAN IRON AND STEEL PRODUCTS.—Sec8 tion 1452(a)(4)(A) of the Safe Drinking Water Act (42 

9 U.S.C. 300j–12(a)(4)(A)) is amended by striking ‘‘During 

10 fiscal years 2019 through 2023, funds’’ and inserting 

11 ‘‘Funds’’. 

12 SEC. 20002. DRINKING WATER SYSTEM RESILIENCE FUND13 ING. 

14 Section 1433(g)(6) of the Safe Drinking Water Act 

15 (42 U.S.C. 300i–2(g)(6)) is amended— 

16 (1) by striking ‘‘25,000,000’’ and inserting 

17 ‘‘50,000,000’’; and 

18 (2) by striking ‘‘2020 and 2021’’ and inserting 

19 ‘‘2022 through 2026’’. 

20 SEC. 20003. PFAS TREATMENT GRANTS. 

21 (a) ESTABLISHMENT OF PFAS INFRASTRUCTURE

22 GRANT PROGRAM.—Part E of the Safe Drinking Water 

23 Act (42 U.S.C. 300j et seq.) is amended by adding at the 

24 end the following new section: 


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1 ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS2 TEMS AFFECTED BY PFAS. 

3 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

4 after the date of enactment of this section, the Adminis5 trator shall establish a program to award grants to af6 fected community water systems to pay for capital costs 

7 associated with the implementation of eligible treatment 

8 technologies. 

9 ‘‘(b) APPLICATIONS.— 

10 ‘‘(1) GUIDANCE.—Not later than 12 months 

11 after the date of enactment of this section, the Ad12 ministrator shall publish guidance describing the 

13 form and timing for community water systems to 

14 apply for grants under this section. 

15 ‘‘(2) REQUIRED INFORMATION.—The Adminis16 trator shall require a community water system ap17 plying for a grant under this section to submit— 

18 ‘‘(A) information showing the presence of 

19 PFAS in water of the community water system; 

20 and 

21 ‘‘(B) a certification that the treatment 

22 technology in use by the community water sys23 tem at the time of application is not sufficient 

24 to remove all detectable amounts of PFAS. 

25 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH26 NOLOGIES.—Not later than 150 days after the date of enVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 actment of this section, and every 2 years thereafter, the 

2 Administrator shall publish a list of treatment tech3 nologies that the Administrator determines are effective 

4 at removing all detectable amounts of PFAS from drink5 ing water. 

6 ‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 

7 under this section, the Administrator shall prioritize af8 fected community water systems that— 

9 ‘‘(1) serve a disadvantaged community; 

10 ‘‘(2) will provide at least a 10-percent cost 

11 share for the cost of implementing an eligible treat12 ment technology; or 

13 ‘‘(3) demonstrate the capacity to maintain the 

14 eligible treatment technology to be implemented 

15 using the grant. 

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—There is authorized to be 

18 appropriated to carry out this section not more than 

19 $500,000,000 for each of the fiscal years 2022 

20 through 2026. 

21 ‘‘(2) SPECIAL RULE.—Of the amounts author22 ized to be appropriated by paragraph (1), 

23 $25,000,000 are authorized to be appropriated for 

24 each of fiscal years 2022 and 2023 for grants under 

25 subsection (a) to pay for capital costs associated 


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1 with the implementation of eligible treatment tech2 nologies during the period beginning on October 1, 

3 2014, and ending on the date of enactment of this 

4 section. 

5 ‘‘(f) DEFINITIONS.—In this section: 

6 ‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 

7 The term ‘affected community water system’ means 

8 a community water system that is affected by the 

9 presence of PFAS in the water in the community 

10 water system. 

11 ‘‘(2) DISADVANTAGED COMMUNITY.—The term 

12 ‘disadvantaged community’ has the meaning given 

13 that term in section 1452. 

14 ‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.— 

15 The term ‘eligible treatment technology’ means a 

16 treatment technology included on the list published 

17 under subsection (c).’’. 

18 (b) DEFINITION.— 

19 Section 1401 of the Safe Drinking Water Act 

20 (42 U.S.C. 300f) is amended by adding at the end 

21 the following: 

22 ‘‘(17) PFAS.—The term ‘PFAS’ means a 

23 perfluoroalkyl or polyfluoroalkyl substance with at 

24 least one fully fluorinated carbon atom.’’. 


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1 SEC. 20004. LEAD SERVICE LINE REPLACEMENT. 

2 (a) IN GENERAL.—Section 1452 of the Safe Drink3 ing Water Act (42 U.S.C. 300j–12) is amended by adding 

4 at the end the following: 

5 ‘‘(u) LEAD SERVICE LINE REPLACEMENT.— 

6 ‘‘(1) IN GENERAL.—In addition to the capital7 ization grants to eligible States under subsection 

8 (a)(1), the Administrator shall offer to enter into 

9 agreements with eligible States, Indian Tribes, and 

10 the territories described in subsection (j) to make 

11 capitalization grants, including letters of credit, to 

12 such States, Indian Tribes, and territories under 

13 this subsection to fund the replacement of lead serv14 ice lines. 

15 ‘‘(2) ALLOTMENTS.— 

16 ‘‘(A) STATES.—Funds made available 

17 under this subsection shall be allotted and real18 lotted to the extent practicable, to States as if 

19 allotted or reallotted under subsection (a)(1) as 

20 a capitalization grant under such subsection. 

21 ‘‘(B) INDIAN TRIBES.—The Administrator 

shall set aside 11 22 ⁄2 percent of the amounts 

23 made available each fiscal year to carry out this 

24 subsection to make grants to Indian Tribes. 

25 ‘‘(C) OTHER AREAS.—The funds made 

26 available under this subsection shall be allotted 


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1 to territories described in subsection (j) in ac2 cordance with such subsection. 

3 ‘‘(3) PRIORITY.—Each State that has entered 

4 into a capitalization agreement pursuant to this sec5 tion shall annually prepare a plan that identifies the 

6 intended uses of the amounts made available pursu7 ant to this subsection, which shall— 

8 ‘‘(A) comply with the requirements of sub9 section (b)(2); and 

10 ‘‘(B) provide, to the maximum extent prac11 ticable, that priority for the use of funds be 

12 given to projects that replace lead service lines 

13 serving disadvantaged communities and envi14 ronmental justice communities. 

15 ‘‘(4) AMERICAN MADE IRON AND STEEL AND

16 PREVAILING WAGES.—The requirements of para17 graphs (4) and (5) of subsection (a) shall apply to 

18 any project carried out in whole or in part with 

19 funds made available under this subsection. 

20 ‘‘(5) LIMITATION.— 

21 ‘‘(A) PROHIBITION ON PARTIAL LINE RE22 PLACEMENT.—None of the funds made avail23 able under this subsection may be used for par24 tial lead service line replacement if, at the con25 clusion of the service line replacement, drinking 


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1 water is delivered to a household, or to a prop2 erty under the jurisdiction of a local educational 

3 agency, through a publicly or privately owned 

4 portion of a lead service line. 

5 ‘‘(B) NO HOMEOWNER CONTRIBUTION.— 

6 Any recipient of funds made available under 

7 this subsection shall offer to replace any pri8 vately owned portion of the lead service line at 

9 no cost to the private owner. 

10 ‘‘(6) STATE CONTRIBUTION.—Notwithstanding 

11 subsection (e), agreements under paragraph (1) shall 

12 not require that the State deposit in the State loan 

13 fund from State moneys any contribution before re14 ceiving funds pursuant to this subsection. 

15 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

16 ‘‘(A) IN GENERAL.—There are authorized 

17 to be appropriated to carry out this subsection 

18 $4,500,000,000 for each of fiscal years 2022 

19 through 2026. Such sums shall remain available 

20 until expended. 

21 ‘‘(B) ADDITIONAL AMOUNTS.—To the ex22 tent amounts authorized to be appropriated 

23 under this subsection in any fiscal year are not 

24 appropriated in that fiscal year, such amounts 

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1 quent fiscal year. Such sums shall remain avail2 able until expended. 

3 ‘‘(8) DEFINITIONS.—For purposes of this sub4 section: 

5 ‘‘(A) DISADVANTAGED COMMUNITY.—The 

6 term ‘disadvantaged community’ has the mean7 ing given such term in subsection (d)(3). 

8 ‘‘(B) ENVIRONMENTAL JUSTICE COMMU9 NITY.—The term ‘environmental justice com10 munity’ means any population of color, commu11 nity of color, indigenous community, or low-in12 come community that experiences a dispropor13 tionate burden of the negative human health 

14 and environmental impacts of pollution or other 

15 environmental hazards. 

16 ‘‘(C) LEAD SERVICE LINE.—The term 

17 ‘lead service line’ means a pipe and its fittings, 

18 which are not lead free (as defined in section 

19 1417(d)), that connect the drinking water main 

20 to the building inlet.’’. 

21 (b) CONFORMING AMENDMENT.—Section 

22 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 

23 300j–12(m)(1)) is amended by striking ‘‘(a)(2)(G) and 

24 (t)’’ and inserting ‘‘(a)(2)(G), (t), and (u)’’. 


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1 SEC. 20005. ASSISTANCE FOR AREAS AFFECTED BY NAT2 URAL DISASTERS. 

3 Section 2020 of America’s Water Infrastructure Act 

4 of 2018 (Public Law 115–270) is amended— 

5 (1) in subsection (b)(1), by striking ‘‘subsection 

6 (e)(1)’’ and inserting ‘‘subsection (f)(1)’’; 

7 (2) by redesignating subsections (c) through (e) 

8 as subsections (d) through (f), respectively; 

9 (3) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) ASSISTANCE FOR TERRITORIES.—The Adminis12 trator may use funds made available under subsection 

13 (f)(1) to make grants to Guam, the Virgin Islands, Amer14 ican Samoa, and the Northern Mariana Islands for the 

15 purposes of providing assistance to eligible systems to re16 store or increase compliance with national primary drink17 ing water regulations.’’; and 

18 (4) in subsection (f), as so redesignated— 

19 (A) in the heading, by striking ‘‘STATE

20 REVOLVING FUND CAPITALIZATION’’; and 

21 (B) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘and to make 

24 grants under subsection (c) of this sec25 tion,’’ before ‘‘to be available’’; and 


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1 (ii) in subparagraph (A), by inserting 

2 ‘‘or subsection (c), as applicable’’ after 

3 ‘‘subsection (b)(1)’’. 

4 SEC. 20006. ALLOTMENTS FOR TERRITORIES. 

5 Section 1452(j) of the Safe Drinking Water Act (42 

6 U.S.C. 300j–12(j)) is amended by striking ‘‘0.33 percent’’ 

7 and inserting ‘‘1.5 percent’’. 

8 TITLE III—CLEAN ENERGY 

9 INFRASTRUCTURE 

10 Subtitle A—Grid Security and 

11 Modernization 

12 SEC. 31001. 21ST CENTURY POWER GRID. 

13 (a) IN GENERAL.—The Secretary of Energy shall es14 tablish a program to provide financial assistance to eligible 

15 partnerships to carry out projects related to the mod16 ernization of the electric grid, including— 

17 (1) projects for the deployment of technologies 

18 to improve monitoring of, advanced controls for, and 

19 prediction of performance of, a distribution system; 

20 and 

21 (2) projects related to transmission system 

22 planning and operation. 

23 (b) ELIGIBLE PROJECTS.—Projects for which an eli24 gible partnership may receive financial assistance under 

25 subsection (a)— 


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1 (1) shall be designed to improve the resiliency, 

2 performance, or efficiency of the electric grid, while 

3 ensuring the continued provision of safe, secure, reli4 able, and affordable power; 

5 (2) may be designed to deploy a new product or 

6 technology that could be used by customers of an 

7 electric utility; and 

8 (3) shall demonstrate— 

9 (A) secure integration and management of 

10 energy resources, including through distributed 

11 energy generation, combined heat and power, 

12 microgrids, energy storage, electric vehicles 

13 charging infrastructure, energy efficiency, de14 mand response, or controllable loads; or 

15 (B) secure integration and interoperability 

16 of communications and information technologies 

17 related to the electric grid. 

18 (c) CYBERSECURITY PLAN.—Each project carried 

19 out with financial assistance provided under subsection (a) 

20 shall include the development of a cybersecurity plan writ21 ten in accordance with guidelines developed by the Sec22 retary of Energy. 

23 (d) PRIVACY EFFECTS ANALYSIS.—Each project car24 ried out with financial assistance provided under sub25 section (a) shall include a privacy effects analysis that 


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1 evaluates the project in accordance with the Voluntary 

2 Code of Conduct of the Department of Energy, commonly 

3 known as the ‘‘DataGuard Energy Data Privacy Pro4 gram’’, or the most recent revisions to the privacy pro5 gram of the Department. 

6 (e) DEFINITIONS.—In this section: 

7 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi8 ble partnership’’ means a partnership consisting of 

9 two or more entities, which— 

10 (A) may include— 

11 (i) any institution of higher education; 

12 (ii) a National Laboratory; 

13 (iii) a State or a local government or 

14 other public body created by or pursuant 

15 to State law; 

16 (iv) an Indian Tribe; 

17 (v) a Federal power marketing admin18 istration; or 

19 (vi) an entity that develops and pro20 vides technology; and 

21 (B) shall include at least one of any of— 

22 (i) an electric utility; 

23 (ii) a Regional Transmission Organi24 zation; or 

25 (iii) an Independent System Operator. 


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1 (2) ELECTRIC UTILITY.—The term ‘‘electric 

2 utility’’ has the meaning given that term in section 

3 3(22) of the Federal Power Act (16 U.S.C. 

4 796(22)), except that such term does not include an 

5 entity described in subparagraph (B) of such sec6 tion. 

7 (3) FEDERAL POWER MARKETING ADMINISTRA8 TION.—The term ‘‘Federal power marketing admin9 istration’’ means the Bonneville Power Administra10 tion, the Southeastern Power Administration, the 

11 Southwestern Power Administration, or the Western 

12 Area Power Administration. 

13 (4) INDEPENDENT SYSTEM OPERATOR; RE14 GIONAL TRANSMISSION ORGANIZATION.—The terms 

15 ‘‘Independent System Operator’’ and ‘‘Regional 

16 Transmission Organization’’ have the meanings 

17 given those terms in section 3 of the Federal Power 

18 Act (16 U.S.C. 796). 

19 (5) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘‘institution of higher education’’ has the 

21 meaning given that term in section 101(a) of the 

22 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary of Energy 

25 to carry out this section $700,000,000 for each of fiscal 


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1 years 2022 through 2026, to remain available until ex2 pended. 

3 SEC. 31002. STRATEGIC TRANSFORMER RESERVE PRO4 GRAM. 

5 (a) ESTABLISHMENT.—The Secretary of Energy 

6 shall establish a program to reduce the vulnerability of the 

7 electric grid to physical attack, cyber attack, electro8 magnetic pulse, geomagnetic disturbances, severe weather, 

9 climate change, and seismic events, including by— 

10 (1) ensuring that large power transformers, 

11 generator step-up transformers, and other critical 

12 electric grid equipment are strategically located to 

13 ensure timely replacement of such equipment as may 

14 be necessary to restore electric grid function rapidly 

15 in the event of severe damage to the electric grid 

16 due to physical attack, cyber attack, electromagnetic 

17 pulse, geomagnetic disturbances, severe weather, cli18 mate change, or seismic events; and 

19 (2) establishing a coordinated plan to facilitate 

20 transportation of large power transformers and 

21 other critical electric grid equipment. 

22 (b) TRANSFORMER RESILIENCE AND ADVANCED

23 COMPONENTS PROGRAM.—The program established 

24 under subsection (a) shall include implementation of the 


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1 Transformer Resilience and Advanced Components pro2 gram to— 

3 (1) improve large power transformers and other 

4 critical electric grid equipment by reducing their 

5 vulnerabilities; and 

6 (2) develop, test, and deploy innovative equip7 ment designs that are more flexible and offer greater 

8 resiliency of electric grid functions. 

9 (c) STRATEGIC EQUIPMENT RESERVES.— 

10 (1) AUTHORIZATION.—In carrying out the pro11 gram established under subsection (a), the Secretary 

12 may establish one or more federally owned strategic 

13 equipment reserves, as appropriate, to ensure na14 tionwide access to reserve equipment. 

15 (2) CONSIDERATION.—In establishing any fed16 erally owned strategic equipment reserve, the Sec17 retary may consider existing spare transformer and 

18 equipment programs and requirements established 

19 by the private sector, regional transmission opera20 tors, independent system operators, and State regu21 latory authorities. 

22 (d) CONSULTATION.—The program established under 

23 subsection (a) shall be carried out in consultation with the 

24 Federal Energy Regulatory Commission, the Electricity 

25 Subsector Coordinating Council, the Electric Reliability 


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1 Organization, and owners and operators of critical electric 

2 infrastructure and defense and military installations. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $75,000,000 for each of fiscal years 2022 through 2026. 

6 Subtitle B—Energy Efficient 

7 Infrastructure 

8 PART 1—EFFICIENCY GRANTS FOR STATE AND 

9 LOCAL GOVERNMENTS 

10 SEC. 32101. ENERGY EFFICIENT PUBLIC BUILDINGS. 

11 (a) GRANTS.—Section 125(a) of the Energy Policy 

12 Act of 2005 (42 U.S.C. 15822(a)) is amended— 

13 (1) in paragraph (1)— 

14 (A) by inserting ‘‘Standard 90.1 of the 

15 American Society of Heating, Refrigerating, 

16 and Air-Conditioning Engineers,’’ after ‘‘the 

17 International Energy Conservation Code,’’; and 

18 (B) by striking ‘‘; or’’ and inserting a 

19 semicolon; 

20 (2) in paragraph (2), by striking the period at 

21 the end and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(3) through benchmarking programs to enable 

24 use of building performance data to evaluate the 


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1 performance of energy efficiency investments over 

2 time.’’. 

3 (b) ASSURANCE OF IMPROVEMENT.—Section 125 of 

4 the Energy Policy Act of 2005 (42 U.S.C. 15822) is 

5 amended by redesignating subsections (b) and (c) as sub6 sections (c) and (d), respectively, and inserting after sub7 section (a) the following: 

8 ‘‘(b) ASSURANCE OF IMPROVEMENT.— 

9 ‘‘(1) VERIFICATION.—A State agency receiving 

10 a grant for activities described in paragraph (1) or 

11 (2) of subsection (a) shall ensure, as a condition of 

12 eligibility for assistance pursuant to such grant, that 

13 a unit of local government receiving such assistance 

14 obtain third-party verification of energy efficiency 

15 improvements in each public building with respect to 

16 which such assistance is used. 

17 ‘‘(2) GUIDANCE.—The Secretary may provide 

18 guidance to State agencies to comply with paragraph 

19 (1). In developing such guidance, the Secretary shall 

20 consider available third-party verification tools for 

21 high-performing buildings and available third-party 

22 verification tools for energy efficiency retrofits.’’. 

23 (c) ADMINISTRATION.—Section 125(c) of the Energy 

24 Policy Act of 2005, as so redesignated, is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘State energy offices receiving grants’’ and 

3 inserting ‘‘A State agency receiving a grant’’; 

4 (2) in paragraph (1), by striking ‘‘; and’’ and 

5 inserting a semicolon; 

6 (3) in paragraph (2), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(3) ensure that all laborers and mechanics em10 ployed by contractors and subcontractors in the per11 formance of construction, alteration, or repair work 

12 financed in whole or in part with assistance received 

13 pursuant to this section shall be paid wages at rates 

14 not less than those prevailing on projects of a simi15 lar character in the locality, as determined by the 

16 Secretary of Labor in accordance with subchapter 

17 IV of chapter 31 of title 40, United States Code 

18 (and with respect to such labor standards, the Sec19 retary of Labor shall have the authority and func20 tions set forth in Reorganization Plan Numbered 14 

21 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 

22 3145 of title 40, United States Code).’’. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 125(d) of the Energy Policy Act of 2005, as so redesig25 nated, is amended by striking ‘‘$30,000,000 for each of 


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1 fiscal years 2006 through 2010’’ and inserting 

2 ‘‘$100,000,000 for each of fiscal years 2022 through 

3 2026’’. 

4 SEC. 32102. ENERGY EFFICIENCY AND CONSERVATION 

5 BLOCK GRANT PROGRAM. 

6 (a) PURPOSE.—Section 542(b)(1) of the Energy 

7 Independence and Security Act of 2007 (42 U.S.C. 

8 17152(b)(1)) is amended— 

9 (1) in subparagraph (A), by striking ‘‘; and’’ 

10 and inserting a semicolon; 

11 (2) in subparagraph (B), by striking the semi12 colon and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(C) diversifies energy supplies, including 

15 by facilitating and promoting the use of alter16 native fuels;’’. 

17 (b) USE OF FUNDS.—Section 544 of the Energy 

18 Independence and Security Act of 2007 (42 U.S.C. 

19 17154) is amended— 

20 (1) by amending paragraph (9) to read as fol21 lows: 

22 ‘‘(9) deployment of energy distribution tech23 nologies that significantly increase energy efficiency 

24 or expand access to alternative fuels, including— 

25 ‘‘(A) distributed resources; 


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1 ‘‘(B) district heating and cooling systems; 

2 and 

3 ‘‘(C) infrastructure for delivering alter4 native fuels;’’; 

5 (2) in paragraph (13)(D), by striking ‘‘and’’; 

6 (3) by redesignating paragraph (14) as para7 graph (15); and 

8 (4) by adding after paragraph (13) the fol9 lowing: 

10 ‘‘(14) programs for financing energy efficiency, 

11 renewable energy, and zero-emission transportation 

12 (and associated infrastructure) capital investments, 

13 projects, and programs— 

14 ‘‘(A) which may include loan programs and 

15 performance contracting programs for 

16 leveraging of additional public and private sec17 tor funds, and programs which allow rebates, 

18 grants, or other incentives for the purchase and 

19 installation of energy efficiency, renewable en20 ergy, and zero-emission transportation (and as21 sociated infrastructure) measures; or 

22 ‘‘(B) in addition to or in lieu of programs 

23 described in subparagraph (A), which may be 

24 used in connection with public or nonprofit 

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1 litical subdivision of a State or an agency or in2 strumentality of a State, or an organization ex3 empt from taxation under section 501(c)(3) of 

4 title 26, United States Code; and’’. 

5 (c) COMPETITIVE GRANTS.—Section 546(c)(2) of the 

6 Energy Independence and Security Act of 2007 (42 

7 U.S.C. 17156(c)(2)) is amended by inserting ‘‘, including 

8 projects to expand the use of alternative fuels’’ before the 

9 period at the end. 

10 (d) FUNDING.—Section 548(a) of the Energy Inde11 pendence and Security Act of 2007 (42 U.S.C. 17158(a)) 

12 is amended to read as follows: 

13 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

14 ‘‘(1) GRANTS.—There is authorized to be ap15 propriated to the Secretary for the provision of 

16 grants under the program $3,500,000,000 for each 

17 of fiscal years 2022 through 2026. 

18 ‘‘(2) ADMINISTRATIVE COSTS.—There is au19 thorized to be appropriated to the Secretary for ad20 ministrative expenses of the program $35,000,000 

21 for each of fiscal years 2022 through 2026.’’. 

22 (e) TECHNICAL AMENDMENTS.—Section 543 of the 

23 Energy Independence and Security Act of 2007 (42 

24 U.S.C. 17153) is amended— 


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1 (1) in subsection (c), by striking ‘‘subsection 

2 (a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and 

3 (2) in subsection (d), by striking ‘‘subsection 

4 (a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 

5 PART 2—ENERGY IMPROVEMENTS AT PUBLIC 

6 SCHOOL FACILITIES 

7 SEC. 32201. GRANTS FOR ENERGY EFFICIENCY IMPROVE8 MENTS AND RENEWABLE ENERGY IMPROVE9 MENTS AT PUBLIC SCHOOL FACILITIES. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means a consortium of— 

13 (A) one local educational agency; and 

14 (B) one or more— 

15 (i) schools; 

16 (ii) nonprofit organizations; 

17 (iii) for-profit organizations; or 

18 (iv) community partners that have the 

19 knowledge and capacity to partner and as20 sist with energy improvements. 

21 (2) ENERGY IMPROVEMENTS.—The term ‘‘en22 ergy improvements’’ means— 

23 (A) any improvement, repair, or renova24 tion, to a school that will result in a direct re25 duction in school energy costs including but not 


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1 limited to improvements to building envelope, 

2 air conditioning, ventilation, heating system, do3 mestic hot water heating, compressed air sys4 tems, distribution systems, lighting, power sys5 tems and controls; 

6 (B) any improvement, repair, renovation, 

7 or installation that leads to an improvement in 

8 teacher and student health including but not 

9 limited to indoor air quality, daylighting, ven10 tilation, electrical lighting, and acoustics; and 

11 (C) the installation of renewable energy 

12 technologies (such as wind power, photovoltaics, 

13 solar thermal systems, geothermal energy, hy14 drogen-fueled systems, biomass-based systems, 

15 biofuels, anaerobic digesters, and hydropower) 

16 involved in the improvement, repair, or renova17 tion to a school. 

18 (b) AUTHORITY.—From amounts made available for 

19 grants under this section, the Secretary of Energy shall 

20 provide competitive grants to eligible entities to make en21 ergy improvements authorized by this section. 

22 (c) PRIORITY.—In making grants under this sub23 section, the Secretary shall give priority to eligible entities 

24 that have renovation, repair, and improvement funding 

25 needs and are— 


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1 (1) a high-need local educational agency, as de2 fined in section 2102 of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 6602); or 

4 (2) a local educational agency designated with 

5 a metrocentric locale code of 41, 42, or 43 as deter6 mined by the National Center for Education Statis7 tics (NCES), in conjunction with the Bureau of the 

8 Census, using the NCES system for classifying local 

9 educational agencies. 

10 (d) COMPETITIVE CRITERIA.—The competitive cri11 teria used by the Secretary shall include the following: 

12 (1) The fiscal capacity of the eligible entity to 

13 meet the needs for improvements of school facilities 

14 without assistance under this section, including the 

15 ability of the eligible entity to raise funds through 

16 the use of local bonding capacity and otherwise. 

17 (2) The likelihood that the local educational 

18 agency or eligible entity will maintain, in good condi19 tion, any facility whose improvement is assisted. 

20 (3) The potential energy efficiency and safety 

21 benefits from the proposed energy improvements. 

22 (e) APPLICATIONS.—To be eligible to receive a grant 

23 under this section, an applicant must submit to the Sec24 retary an application that includes each of the following: 


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1 (1) A needs assessment of the current condition 

2 of the school and facilities that are to receive the en3 ergy improvements. 

4 (2) A draft work plan of what the applicant 

5 hopes to achieve at the school and a description of 

6 the energy improvements to be carried out. 

7 (3) A description of the applicant’s capacity to 

8 provide services and comprehensive support to make 

9 the energy improvements. 

10 (4) An assessment of the applicant’s expected 

11 needs for operation and maintenance training funds, 

12 and a plan for use of those funds, if any. 

13 (5) An assessment of the expected energy effi14 ciency and safety benefits of the energy improve15 ments. 

16 (6) A cost estimate of the proposed energy im17 provements. 

18 (7) An identification of other resources that are 

19 available to carry out the activities for which funds 

20 are requested under this section, including the avail21 ability of utility programs and public benefit funds. 

22 (f) USE OF GRANT AMOUNTS.— 

23 (1) IN GENERAL.—The recipient of a grant 

24 under this section shall use the grant amounts only 

25 to make the energy improvements contemplated in 


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1 the application, subject to the other provisions of 

2 this subsection. 

3 (2) OPERATION AND MAINTENANCE TRAIN4 ING.—The recipient may use up to 5 percent for op5 eration and maintenance training for energy effi6 ciency and renewable energy improvements (such as 

7 maintenance staff and teacher training, education, 

8 and preventative maintenance training). 

9 (3) AUDIT.—The recipient may use funds for a 

10 third-party investigation and analysis for energy im11 provements (such as energy audits and existing 

12 building commissioning). 

13 (4) CONTINUING EDUCATION.—The recipient 

14 may use up to 1 percent of the grant amounts to de15 velop a continuing education curriculum relating to 

16 energy improvements. 

17 (g) CONTRACTING REQUIREMENTS.— 

18 (1) DAVIS-BACON.—Any laborer or mechanic 

19 employed by any contractor or subcontractor in the 

20 performance of work on any energy improvements 

21 funded by a grant under this section shall be paid 

22 wages at rates not less than those prevailing on 

23 similar construction in the locality as determined by 

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1 ter 31 of title 40, United States Code (commonly re2 ferred to as the Davis-Bacon Act). 

3 (2) COMPETITION.—Each applicant that re4 ceives funds shall ensure that, if the applicant car5 ries out repair or renovation through a contract, any 

6 such contract process— 

7 (A) ensures the maximum number of quali8 fied bidders, including small, minority, and 

9 women-owned businesses, through full and open 

10 competition; and 

11 (B) gives priority to businesses located in, 

12 or resources common to, the State or the geo13 graphical area in which the project is carried 

14 out. 

15 (h) REPORTING.—Each recipient of a grant under 

16 this section shall submit to the Secretary, at such time 

17 as the Secretary may require, a report describing the use 

18 of such funds for energy improvements, the estimated cost 

19 savings realized by those energy improvements, the results 

20 of any audit, the use of any utility programs and public 

21 benefit funds and the use of performance tracking for en22 ergy improvements (such as the Department of Energy: 

23 Energy Star program or LEED for Existing Buildings). 


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1 (i) BEST PRACTICES.—The Secretary shall develop 

2 and publish guidelines and best practices for activities car3 ried out under this section. 

4 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $100,000,000 for each of fiscal years 2022 through 2026. 

7 PART 3—HOPE FOR HOMES 

8 SEC. 32301. DEFINITIONS. 

9 In this part: 

10 (1) CONTRACTOR CERTIFICATION.—The term 

11 ‘‘contractor certification’’ means an industry recog12 nized certification that may be obtained by a resi13 dential contractor to advance the expertise and edu14 cation of the contractor in energy efficiency retrofits 

15 of residential buildings, including— 

16 (A) a certification provided by— 

17 (i) the Building Performance Insti18 tute; 

19 (ii) the Air Conditioning Contractors 

20 of America; 

21 (iii) the National Comfort Institute; 

22 (iv) the North American Technician 

23 Excellence; 

24 (v) RESNET; 


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1 (vi) the United States Green Building 

2 Council; or 

3 (vii) Home Innovation Research Labs; 

4 and 

5 (B) any other certification the Secretary 

6 determines appropriate for purposes of the 

7 Home Energy Savings Retrofit Rebate Pro8 gram. 

9 (2) CONTRACTOR COMPANY.—The term ‘‘con10 tractor company’’ means a company— 

11 (A) the business of which is to provide 

12 services to residential building owners with re13 spect to HVAC systems, insulation, air sealing, 

14 or other services that are approved by the Sec15 retary; 

16 (B) that holds the licenses and insurance 

17 required by the State in which the company 

18 provides services; and 

19 (C) that provides services for which a par20 tial system rebate, measured performance re21 bate, or modeled performance rebate may be 

22 provided pursuant to the Home Energy Savings 

23 Retrofit Rebate Program. 

24 (3) ENERGY AUDIT.—The term ‘‘energy audit’’ 

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1 ergy use of a building, including the building enve2 lope and HVAC system. 

3 (4) HOME.—The term ‘‘home’’ means a manu4 factured home (as such term is defined in section 

5 603 of the National Manufactured Housing Con6 struction and Safety Standards Act of 1974 (42 

7 U.S.C. 5402)), or a residential dwelling unit in a 

8 building with no more than 4 dwelling units that— 

9 (A) is located in the United States; 

10 (B) was constructed before the date of en11 actment of this Act; and 

12 (C) is occupied at least 6 months out of 

13 the year. 

14 (5) HOME ENERGY SAVINGS RETROFIT REBATE

15 PROGRAM.—The term ‘‘Home Energy Savings Ret16 rofit Rebate Program’’ means the Home Energy 

17 Savings Retrofit Rebate Program established under 

18 section 32321. 

19 (6) HOMEOWNER.—The term ‘‘homeowner’’ 

20 means the owner of an owner-occupied home or a 

21 tenant-occupied home. 

22 (7) HOME VALUATION CERTIFICATION.—The 

23 term ‘‘home valuation certification’’ means the fol24 lowing home assessments: 

25 (A) Home Energy Score. 


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1 (B) PEARL Certification. 

2 (C) National Green Building Standard. 

3 (D) LEED. 

4 (E) Any other assessment the Secretary 

5 determines to be appropriate. 

6 (8) HOPE QUALIFICATION.—The term ‘‘HOPE 

7 Qualification’’ means the qualification described in 

8 section 32313. 

9 (9) HOPE TRAINING CREDIT.—The term 

10 ‘‘HOPE training credit’’ means a HOPE training 

11 task credit or a HOPE training supplemental credit. 

12 (10) HOPE TRAINING TASK CREDIT.—The 

13 term ‘‘HOPE training task credit’’ means a credit 

14 described in section 32312(a). 

15 (11) HOPE TRAINING SUPPLEMENTAL CRED16 IT.—The term ‘‘HOPE training supplemental cred17 it’’ means a credit described in section 32312(b). 

18 (12) HVAC SYSTEM.—The term ‘‘HVAC sys19 tem’’ means a system— 

20 (A) consisting of a heating component, a 

21 ventilation component, and an air-conditioning 

22 component; and 

23 (B) which components may include central 

24 air conditioning, a heat pump, a furnace, a boil25 er, a rooftop unit, and a window unit. 


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1 (13) MEASURED PERFORMANCE REBATE.—The 

2 term ‘‘measured performance rebate’’ means a re3 bate provided in accordance with section 32323 and 

4 described in subsection (e) of that section. 

5 (14) MODELED PERFORMANCE REBATE.—The 

6 term ‘‘modeled performance rebate’’ means a rebate 

7 provided in accordance with section 32323 and de8 scribed in subsection (d) of that section. 

9 (15) MODERATE INCOME.—The term ‘‘mod10 erate income’’ means, with respect to a household, a 

11 household with an annual income that is less than 

12 80 percent of the area median income, as deter13 mined annually by the Department of Housing and 

14 Urban Development. 

15 (16) MULTIFAMILY BUILDING.—The term 

16 ‘‘multifamily building’’ means a structure with 5 or 

17 more tenant-occupied residential dwelling units 

18 that— 

19 (A) is located in the United States; 

20 (B) was constructed before the date of en21 actment of this Act; and 

22 (C) is occupied at least 6 months out of 

23 the year. 


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1 (17) MULTIFAMILY BUILDING OWNER.—The 

2 term ‘‘multifamily building owner’’ means the owner 

3 of a tenant-occupied multifamily building. 

4 (18) PARTIAL SYSTEM REBATE.—The term 

5 ‘‘partial system rebate’’ means a rebate provided in 

6 accordance with section 32322. 

7 (19) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Energy. 

9 (20) STATE.—The term ‘‘State’’ includes— 

10 (A) a State; 

11 (B) the District of Columbia; 

12 (C) the Commonwealth of Puerto Rico; 

13 (D) Guam; 

14 (E) American Samoa; 

15 (F) the Commonwealth of the Northern 

16 Mariana Islands; 

17 (G) the United States Virgin Islands; and 

18 (H) any other territory or possession of the 

19 United States. 

20 (21) STATE ENERGY OFFICE.—The term ‘‘State 

21 energy office’’ means the office or agency of a State 

22 responsible for developing the State energy conserva23 tion plan for the State under section 362 of the En24 ergy Policy and Conservation Act (42 U.S.C. 6322). 


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1 Subpart A—HOPE Training 

2 SEC. 32311. NOTICE FOR HOPE QUALIFICATION TRAINING 

3 AND GRANTS. 

4 Not later than 30 days after the date of enactment 

5 of this Act, the Secretary, acting through the Director of 

6 the Building Technologies Office of the Department of 

7 Energy, shall issue a notice that includes— 

8 (1) criteria established under section 32312 for 

9 approval by the Secretary of courses for which cred10 its may be issued for purposes of a HOPE Qualifica11 tion; 

12 (2) a list of courses that meet such criteria and 

13 are so approved; and 

14 (3) information on how individuals and entities 

15 may apply for grants under this subpart. 

16 SEC. 32312. COURSE CRITERIA. 

17 (a) HOPE TRAINING TASK CREDIT.— 

18 (1) CRITERIA.—The Secretary shall establish 

19 criteria for approval of a course for which a credit, 

20 to be known as a HOPE training task credit, may 

21 be issued, including that such course— 

22 (A) is equivalent to at least 30 hours in 

23 total course time; 

24 (B) is accredited by the Interstate Renew25 able Energy Council or is determined to be 

26 equivalent by the Secretary; 


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1 (C) is, with respect to a particular job, 

2 aligned with the relevant National Renewable 

3 Energy Laboratory Job Task Analysis, or other 

4 credentialing program foundation that helps 

5 identify the necessary core knowledge areas, 

6 critical work functions, or skills, as approved by 

7 the Secretary; 

8 (D) has established learning objectives; 

9 and 

10 (E) includes, as the Secretary determines 

11 appropriate, an appropriate assessment of such 

12 learning objectives that may include a final 

13 exam, to be proctored on-site or through remote 

14 proctoring, or an in-person field exam. 

15 (2) INCLUDED COURSES.—The Secretary shall 

16 approve one or more courses that meet the criteria 

17 described in paragraph (1) for training related to— 

18 (A) contractor certification; 

19 (B) energy auditing or assessment, includ20 ing energy audits and assessments relevant to 

21 multifamily buildings; 

22 (C) home and multifamily building energy 

23 systems (including HVAC systems); 

24 (D) insulation installation and air leakage 

25 control; 


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1 (E) health and safety regarding the instal2 lation of energy efficiency measures or health 

3 and safety impacts associated with energy effi4 ciency retrofits; and 

5 (F) indoor air quality. 

6 (b) HOPE TRAINING SUPPLEMENTAL CREDIT CRI7 TERIA.—The Secretary shall establish criteria for approval 

8 of a course for which a credit, to be known as a HOPE 

9 training supplemental credit, may be issued, including 

10 that such course provides— 

11 (1) training related to— 

12 (A) small business success, including man13 agement, home energy efficiency software, or 

14 general accounting principles; 

15 (B) the issuance of a home valuation cer16 tification; 

17 (C) the use of Wi-Fi-enabled technology in 

18 an energy efficiency upgrade; or 

19 (D) understanding and being able to par20 ticipate in the Home Energy Savings Retrofit 

21 Rebate Program; and 

22 (2) as the Secretary determines appropriate, an 

23 appropriate assessment of such training that may in24 clude a final exam, to be proctored on-site or 


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1 through remote proctoring, or an in-person field 

2 exam. 

3 (c) EXISTING APPROVED COURSES.—The Secretary 

4 may approve a course that meets the applicable criteria 

5 established under this section that is approved by the ap6 plicable State energy office or relevant State agency with 

7 oversight authority for residential energy efficiency pro8 grams. 

9 (d) IN-PERSON AND ONLINE TRAINING.—An online 

10 course approved pursuant to this section may be con11 ducted in-person, but may not be offered exclusively in12 person. 

13 SEC. 32313. HOPE QUALIFICATION. 

14 (a) ISSUANCE OF CREDITS.— 

15 (1) IN GENERAL.—The Secretary, or an entity 

16 authorized by the Secretary pursuant to paragraph 

17 (2), may issue— 

18 (A) a HOPE training task credit to any 

19 individual that completes a course that meets 

20 applicable criteria under section 32312; and 

21 (B) a HOPE training supplemental credit 

22 to any individual that completes a course that 

23 meets the applicable criteria under section 

24 32312. 


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1 (2) OTHER ENTITIES.—The Secretary may au2 thorize a State energy office implementing an au3 thorized program under subsection (b)(2), an organi4 zation described in section 32314(b), and any other 

5 entity the Secretary determines appropriate, to issue 

6 HOPE training credits in accordance with para7 graph (1). 

8 (b) HOPE QUALIFICATION.— 

9 (1) IN GENERAL.—The Secretary may certify 

10 that an individual has achieved a qualification, to be 

11 known as a HOPE Qualification, that indicates that 

12 the individual has received at least 3 HOPE training 

13 credits, of which at least 2 shall be HOPE training 

14 task credits. 

15 (2) STATE PROGRAMS.—The Secretary may au16 thorize a State energy office to implement a pro17 gram to provide HOPE Qualifications in accordance 

18 with this subpart. 

19 SEC. 32314. GRANTS. 

20 (a) IN GENERAL.—The Secretary shall, to the extent 

21 amounts are made available in appropriations Acts for 

22 such purposes, provide grants to support the training of 

23 individuals toward the completion of a HOPE Qualifica24 tion. 

25 (b) PROVIDER ORGANIZATIONS.— 


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1 (1) IN GENERAL.—The Secretary may provide a 

2 grant of up to $20,000 under this section to an or3 ganization to provide training online, including es4 tablishing, modifying, or maintaining the online sys5 tems, staff time, and software and online program 

6 management, through a course that meets the appli7 cable criteria established under section 32312. 

8 (2) CRITERIA.—In order to receive a grant 

9 under this subsection, an organization shall be— 

10 (A) a nonprofit organization; 

11 (B) an educational institution; or 

12 (C) an organization that has experience 

13 providing training to contractors that work with 

14 the weatherization assistance program imple15 mented under part A of title IV of the Energy 

16 Conservation and Production Act (42 U.S.C. 

17 6861 et seq.) or equivalent experience, as deter18 mined by the Secretary. 

19 (3) ADDITIONAL CERTIFICATIONS.—In addition 

20 to any grant provided under paragraph (1), the Sec21 retary may provide an organization up to $5,000 for 

22 each additional course for which a HOPE training 

23 credit may be issued that is offered by the organiza24 tion. 


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1 (c) CONTRACTOR COMPANY.—The Secretary may 

2 provide a grant under this section of $1,000 per employee 

3 to a contractor company, up to a maximum of $10,000, 

4 to reimburse the contractor company for training costs for 

5 employees, and any home technology support needed for 

6 an employee to receive training pursuant to this section. 

7 Grant funds provided under this subsection may be used 

8 to support wages of employees during training. 

9 (d) TRAINEES.—The Secretary may provide a grant 

10 of up to $1,000 under this section to an individual who 

11 receives a HOPE Qualification. 

12 (e) STATE ENERGY OFFICE.—The Secretary may 

13 provide a grant under this section to a State energy office 

14 of up to $25,000 to implement an authorized program 

15 under section 32313(b). 

16 SEC. 32315. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated to carry out 

18 this subpart $500,000,000 for the period of fiscal years 

19 2022 through 2026, to remain available until expended. 


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1 Subpart B—Home Energy Savings Retrofit Rebate 

2 Program 

3 SEC. 32321. ESTABLISHMENT OF HOME ENERGY SAVINGS 

4 RETROFIT REBATE PROGRAM. 

5 The Secretary shall establish a program, to be known 

6 as the Home Energy Savings Retrofit Rebate Program, 

7 to— 

8 (1) provide rebates in accordance with section 

9 32322; and 

10 (2) provide grants to States to carry out pro11 grams to provide rebates in accordance with section 

12 32323. 

13 SEC. 32322. PARTIAL SYSTEM REBATES. 

14 (a) AMOUNT OF REBATE.—In carrying out the Home 

15 Energy Savings Retrofit Rebate Program, and subject to 

16 the availability of appropriations for such purpose, the 

17 Secretary shall provide a homeowner or multifamily build18 ing owner a rebate, to be known as a partial system re19 bate, of, except as provided in section 32324, up to— 

20 (1) $800 for the purchase and installation of 

21 insulation and air sealing within a home of the 

22 homeowner or the household living in a multifamily 

23 building; and 

24 (2) $1,500 for the purchase and installation of 

25 insulation and air sealing within a home of the 

26 homeowner or the household living in a multifamily 


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1 building and replacement of an HVAC system, the 

2 heating component of an HVAC system, or the cool3 ing component of an HVAC system, of such home. 

4 (b) SPECIFICATIONS.— 

5 (1) COST.—The amount of a partial system re6 bate provided under this section shall, except as pro7 vided in section 32324, not exceed 30 percent of cost 

8 of the purchase and installation of insulation and air 

9 sealing under subsection (a)(1), or the purchase and 

10 installation of insulation and air sealing and replace11 ment of an HVAC system, the heating component of 

12 an HVAC system, or the cooling component of an 

13 HVAC system, under subsection (a)(2). Labor may 

14 be included in such cost but may not exceed— 

15 (A) in the case of a rebate under sub16 section (a)(1), 50 percent of such cost; and 

17 (B) in the case of a rebate under sub18 section (a)(2), 25 percent of such cost. 

19 (2) REPLACEMENT OF AN HVAC SYSTEM, THE

20 HEATING COMPONENT OF AN HVAC SYSTEM, OR THE

21 COOLING COMPONENT OF AN HVAC SYSTEM.—In 

22 order to qualify for a partial system rebate described 

23 in subsection (a)(2)— 

24 (A) any HVAC system, heating component 

25 of an HVAC system, or cooling component of 


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1 an HVAC system installed shall be Energy Star 

2 Most Efficient certified; 

3 (B) installation of such an HVAC system, 

4 the heating component of an HVAC system, or 

5 the cooling component of an HVAC system, 

6 shall be completed in accordance with standards 

7 specified by the Secretary that are at least as 

8 stringent as the applicable guidelines of the Air 

9 Conditioning Contractors of America that are in 

10 effect on the date of enactment of this Act; 

11 (C) if ducts are present, replacement of an 

12 HVAC system, the heating component of an 

13 HVAC system, or the cooling component of an 

14 HVAC system shall include duct sealing; and 

15 (D) the installation of insulation and air 

16 sealing shall occur within 6 months of the re17 placement of the HVAC system, the heating 

18 component of an HVAC system, or the cooling 

19 component of an HVAC system. 

20 (c) ADDITIONAL INCENTIVES FOR CONTRACTORS.— 

21 In carrying out the Home Energy Savings Retrofit Rebate 

22 Program, the Secretary may provide a $250 payment to 

23 a contractor per home of a homeowner or household living 

24 in a multifamily building for which— 


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1 (1) a partial system rebate is provided under 

2 this section for the installation of insulation and air 

3 sealing, or installation of insulation and air sealing 

4 and replacement of an HVAC system, the heating 

5 component of an HVAC system, or the cooling com6 ponent of an HVAC system, by the contractor; 

7 (2) the applicable homeowner has signed and 

8 submitted to the Secretary a release form made 

9 available pursuant to section 32326(b) authorizing 

10 the contractor access to information in the utility 

11 bills of the homeowner or the applicable multifamily 

12 building owner has signed and submitted an agree13 ment with the contractor to provide whole-building 

14 aggregate information about the building’s energy 

15 use; and 

16 (3) the contractor inputs, into the Department 

17 of Energy’s Building Performance Database— 

18 (A) the energy usage for the home of a 

19 homeowner or for the household living in a mul20 tifamily building for the 12 months preceding, 

21 and the 24 months following, the installation of 

22 insulation and air sealing or installation of in23 sulation and air sealing and replacement of an 

24 HVAC system, the heating component of an 


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1 HVAC system, or the cooling component of an 

2 HVAC system; 

3 (B) a description of such installation or in4 stallation and replacement; and 

5 (C) the total cost to the homeowner or 

6 multifamily building owner for such installation 

7 or installation and replacement. 

8 (d) PROCESS.— 

9 (1) FORMS; REBATE PROCESSING SYSTEM.— 

10 Not later than 90 days after the date of enactment 

11 of this Act, the Secretary, in consultation with the 

12 Secretary of the Treasury, shall— 

13 (A) develop and make available rebate 

14 forms required to receive a partial system re15 bate under this section; 

16 (B) establish a Federal rebate processing 

17 system which shall serve as a database and in18 formation technology system that will allow 

19 homeowners and multifamily building owners to 

20 submit required rebate forms; and 

21 (C) establish a website that provides infor22 mation on partial system rebates provided 

23 under this section, including how to determine 

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1 bate under this section and how to receive such 

2 a rebate. 

3 (2) SUBMISSION OF FORMS.—In order to re4 ceive a partial system rebate under this section, a 

5 homeowner or multifamily building owner shall sub6 mit the required rebate forms, and any other infor7 mation the Secretary determines appropriate, to the 

8 Federal rebate processing system established pursu9 ant to paragraph (1). 

10 (e) FUNDING.— 

11 (1) LIMITATION.—For each fiscal year, the Sec12 retary may not use more than 50 percent of the 

13 amounts made available to carry out this subpart to 

14 carry out this section. 

15 (2) ALLOCATION.—The Secretary shall allocate 

16 amounts made available to carry out this section for 

17 partial system rebates among the States using the 

18 same formula as is used to allocate funds for States 

19 under part D of title III of the Energy Policy and 

20 Conservation Act (42 U.S.C. 6321 et seq.). 

21 SEC. 32323. STATE ADMINISTERED REBATES. 

22 (a) FUNDING.—In carrying out the Home Energy 

23 Savings Retrofit Rebate Program, and subject to the 

24 availability of appropriations for such purpose, the SecVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 retary shall provide grants to States to carry out programs 

2 to provide rebates in accordance with this section. 

3 (b) STATE PARTICIPATION.— 

4 (1) PLAN.—In order to receive a grant under 

5 this section a State shall submit to the Secretary an 

6 application that includes a plan to implement a 

7 State program that meets the minimum criteria 

8 under subsection (c). 

9 (2) APPROVAL.—Not later than 60 days after 

10 receipt of a completed application for a grant under 

11 this section, the Secretary shall either approve the 

12 application or provide to the applicant an expla13 nation for denying the application. 

14 (c) MINIMUM CRITERIA FOR STATE PROGRAMS.— 

15 Not later than 6 months after the date of enactment of 

16 this Act, the Secretary shall establish and publish min17 imum criteria for a State program to meet to qualify for 

18 funding under this section, including— 

19 (1) that the State program be carried out by 

20 the applicable State energy office or its designee; 

21 (2) that a rebate be provided under a State pro22 gram only for a home energy efficiency retrofit 

23 that— 

24 (A) is completed by a contractor who 

25 meets minimum training requirements and cerVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 tification requirements set forth by the Sec2 retary; 

3 (B) includes installation of one or more 

4 home energy efficiency retrofit measures for a 

5 home that together are modeled to achieve, or 

6 are shown to achieve, a reduction in home en7 ergy use of 20 percent or more from the base8 line energy use of the home; 

9 (C) does not include installation of any 

10 measure that the Secretary determines does not 

11 improve the thermal energy performance of the 

12 home, such as a pool pump, pool heater, spa, or 

13 EV charger; and 

14 (D) includes, after installation of the appli15 cable home energy efficiency retrofit measures, 

16 a test-out procedure conducted in accordance 

17 with guidelines issued by the Secretary of such 

18 measures to ensure— 

19 (i) the safe operation of all systems 

20 post retrofit; and 

21 (ii) that all improvements are included 

22 in, and have been installed according to— 

23 (I) manufacturers installation 

24 specifications; and 


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1 (II) all applicable State and local 

2 codes or equivalent standards ap3 proved by the Secretary; 

4 (3) that the State program utilize— 

5 (A) for purposes of modeled performance 

6 rebates, modeling software approved by the Sec7 retary for determining and documenting the 

8 baseline energy use of a home and the reduc9 tions in home energy use resulting from the im10 plementation of a home energy efficiency ret11 rofit; and 

12 (B) for purposes of measured performance 

13 rebates, methods and procedures approved by 

14 the Secretary for determining and documenting 

15 the baseline energy use of a home and the re16 ductions in home energy use resulting from the 

17 implementation of a home energy efficiency ret18 rofit, including methods and procedures for use 

19 of advanced metering infrastructure, weather20 normalized data, and open source standards, to 

21 measure such baseline energy use and such re22 ductions in home energy use; 

23 (4) that the State program include implementa24 tion of a quality assurance program— 


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1 (A) to ensure that home energy efficiency 

2 retrofits are achieving the stated level of energy 

3 savings, that efficiency measures were installed 

4 correctly, and that work is performed in accord5 ance with procedures developed by the Sec6 retary, including through quality-control inspec7 tions for a portion of home energy efficiency 

8 retrofits completed by each applicable con9 tractor; and 

10 (B) under which a quality-control inspec11 tion of a home energy efficiency retrofit is per12 formed by a quality assurance provider who— 

13 (i) is independent of the contractor 

14 for such retrofit; and 

15 (ii) will confirm that such contractor 

16 is a contractor who meets minimum train17 ing requirements and certification require18 ments set forth by the Secretary; 

19 (5) that the State program include require20 ments for a homeowner, contractor, or rebate 

21 aggregator to claim a rebate, including that the 

22 homeowner, contractor, or rebate aggregator submit 

23 any applicable forms approved by the Secretary to 

24 the State, including a copy of the certificate proVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 vided by the applicable contractor certifying pro2 jected or measured reduction of home energy use; 

3 (6) that the State program may include require4 ments for an entity to be eligible to serve as a rebate 

5 aggregator to facilitate the delivery of rebates to 

6 homeowners or contractors; 

7 (7) that the State program include procedures 

8 for a homeowner to transfer the right to claim a re9 bate to the contractor performing the applicable 

10 home energy efficiency retrofit or to a rebate 

11 aggregator that works with the contractor; and 

12 (8) that the State program provide that a 

13 homeowner, contractor, or rebate aggregator may 

14 claim more than one rebate under the State pro15 gram, and may claim a rebate under the State pro16 gram after receiving a partial system rebate under 

17 section 32322, provided that no 2 rebates may be 

18 provided with respect to a home using the same 

19 baseline energy use of such home. 

20 (d) MODELED PERFORMANCE REBATES.— 

21 (1) IN GENERAL.—In carrying out a State pro22 gram under this section, a State may provide a 

23 homeowner, contractor, or rebate aggregator a re24 bate, to be known as a modeled performance rebate, 

25 for an energy audit of a home and a home energy 


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1 efficiency retrofit that is projected, using modeling 

2 software approved by the Secretary, to reduce home 

3 energy use by at least 20 percent. 

4 (2) AMOUNT.— 

5 (A) IN GENERAL.—Except as provided in 

6 section 32324, and subject to subparagraph 

7 (B), the amount of a modeled performance re8 bate provided under a State program shall be 

9 equal to 50 percent of the cost of the applicable 

10 energy audit of a home and home energy effi11 ciency retrofit, including the cost of diagnostic 

12 procedures, labor, reporting, and modeling. 

13 (B) LIMITATION.—Except as provided in 

14 section 32324, with respect to an energy audit 

15 and home energy efficiency retrofit that is pro16 jected to reduce home energy use by— 

17 (i) at least 20 percent, but less than 

18 40 percent, the maximum amount of a 

19 modeled performance rebate shall be 

20 $2,000; and 

21 (ii) at least 40 percent, the maximum 

22 amount of a modeled performance rebate 

23 shall be $4,000. 

24 (e) MEASURED PERFORMANCE REBATES.— 


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1 (1) IN GENERAL.—In carrying out a State pro2 gram under this section, a State may provide a 

3 homeowner, contractor, or rebate aggregator a re4 bate, to be known as a measured performance re5 bate, for a home energy efficiency retrofit that re6 duces home energy use by at least 20 percent as 

7 measured using methods and procedures approved 

8 by the Secretary. 

9 (2) AMOUNT.— 

10 (A) IN GENERAL.—Except as provided in 

11 section 32324, and subject to subparagraph 

12 (B), the amount of a measured performance re13 bate provided under a State program shall be 

14 equal to 50 percent of the cost, including the 

15 cost of diagnostic procedures, labor, reporting, 

16 and energy measurement, of the applicable 

17 home energy efficiency retrofit. 

18 (B) LIMITATION.—Except as provided in 

19 section 32324, with respect to a home energy 

20 efficiency retrofit that is measured as reducing 

21 home energy use by— 

22 (i) at least 20 percent, but less than 

23 40 percent, the maximum amount of a 

24 measured performance rebate shall be 

25 $2,000; and 


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1 (ii) at least 40 percent, the maximum 

2 amount of a measured performance rebate 

3 shall be $4,000. 

4 (f) COORDINATION OF REBATE AND EXISTING

5 STATE-SPONSORED OR UTILITY-SPONSORED PRO6 GRAMS.—A State that receives a grant under this section 

7 is encouraged to work with State agencies, energy utilities, 

8 nonprofits, and other entities— 

9 (1) to assist in marketing the availability of the 

10 rebates under the applicable State program; 

11 (2) to coordinate with utility or State managed 

12 financing programs; 

13 (3) to assist in implementation of the applicable 

14 State program, including installation of home energy 

15 efficiency retrofits; and 

16 (4) to coordinate with existing quality assur17 ance programs. 

18 (g) ADMINISTRATION AND OVERSIGHT.— 

19 (1) REVIEW OF APPROVED MODELING SOFT20 WARE.—The Secretary shall, on an annual basis, list 

21 and review all modeling software approved for use in 

22 determining and documenting the reductions in 

23 home energy use for purposes of modeled perform24 ance rebates under subsection (d). In approving such 

25 modeling software each year, the Secretary shall enVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 sure that modeling software approved for a year will 

2 result in modeling of energy efficiency gains for any 

3 type of home energy efficiency retrofit that is at 

4 least as substantial as the modeling of energy effi5 ciency gains for such type of home energy efficiency 

6 retrofit using the modeling software approved for 

7 the previous year. 

8 (2) OVERSIGHT.—If the Secretary determines 

9 that a State is not implementing a State program 

10 that was approved pursuant to subsection (b) and 

11 that meets the minimum criteria under subsection 

12 (c), the Secretary may, after providing the State a 

13 period of at least 90 days to meet such criteria, 

14 withhold grant funds under this section from the 

15 State. 

16 SEC. 32324. SPECIAL PROVISIONS FOR MODERATE INCOME 

17 HOUSEHOLDS. 

18 (a) CERTIFICATIONS.—The Secretary shall establish 

19 procedures for certifying that the household of a home20 owner or that, in the case of a multifamily building, the 

21 majority of households in the building is moderate income 

22 for purposes of this section. 

23 (b) PERCENTAGES.—Subject to subsection (c), for 

24 households that are certified pursuant to the procedures 

25 established under subsection (a) as moderate income the— 


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1 (1) amount of a partial system rebate under 

2 section 32322 shall not exceed 60 percent of the ap3 plicable purchase and installation costs described in 

4 section 32322(b)(1); and 

5 (2) amount of— 

6 (A) a modeled performance rebate under 

7 section 32323 provided shall be equal to 80 per8 cent of the applicable costs described in section 

9 32323(d)(2)(A); and 

10 (B) a measured performance rebate under 

11 section 32323 provided shall be equal to 80 per12 cent of the applicable costs described in section 

13 32323(e)(2)(A). 

14 (c) MAXIMUM AMOUNTS.—For households that are 

15 certified pursuant to the procedures established under 

16 subsection (a) as moderate income the maximum 

17 amount— 

18 (1) of a partial system rebate— 

19 (A) under section 32322(a)(1) for the pur20 chase and installation of insulation and air seal21 ing within a home of the homeowner or the 

22 household living in a multifamily building shall 

23 be $1,600; and 

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1 ing within a home of the homeowner or the 

2 household living in a multifamily building and 

3 replacement of an HVAC system, the heating 

4 component of an HVAC system, or the cooling 

5 component of an HVAC system, of such home, 

6 shall be $3,000; 

7 (2) of a modeled performance rebate under sec8 tion 32323 for an energy audit and home energy ef9 ficiency retrofit that is projected to reduce home en10 ergy use as described in— 

11 (A) section 32323(d)(2)(B)(i) shall be 

12 $4,000; and 

13 (B) section 32323(d)(2)(B)(ii) shall be 

14 $8,000; and 

15 (3) of a measured performance rebate under 

16 section 32323 for a home energy efficiency retrofit 

17 that reduces home energy use as described in— 

18 (A) section 32323(e)(2)(B)(i) shall be 

19 $4,000; and 

20 (B) section 32323(e)(2)(B)(ii) shall be 

21 $8,000. 

22 (d) OUTREACH.—The Secretary shall establish proce23 dures to— 

24 (1) provide information to households of home25 owners or multifamily building owners that are cerVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 tified pursuant to the procedures established under 

2 subsection (a) as moderate income regarding other 

3 programs and resources relating to assistance for 

4 energy efficiency upgrades of homes, including the 

5 weatherization assistance program implemented 

6 under part A of title IV of the Energy Conservation 

7 and Production Act (42 U.S.C. 6861 et seq.); and 

8 (2) refer such households and owners, as appli9 cable, to such other programs and resources. 

10 SEC. 32325. EVALUATION REPORTS TO CONGRESS. 

11 (a) IN GENERAL.—Not later than 3 years after the 

12 date of enactment of this Act and annually thereafter until 

13 the termination of the Home Energy Savings Retrofit Re14 bate Program, the Secretary shall submit to Congress a 

15 report on the use of funds made available to carry out 

16 this subpart. 

17 (b) CONTENTS.—Each report submitted under sub18 section (a) shall include— 

19 (1) how many home energy efficiency retrofits 

20 have been completed during the previous year under 

21 the Home Energy Savings Retrofit Rebate Program; 

22 (2) an estimate of how many jobs have been 

23 created through the Home Energy Savings Retrofit 

24 Rebate Program, directly and indirectly; 


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1 (3) a description of what steps could be taken 

2 to promote further deployment of energy efficiency 

3 and renewable energy retrofits; 

4 (4) a description of the quantity of verifiable 

5 energy savings, homeowner energy bill savings, and 

6 other benefits of the Home Energy Savings Retrofit 

7 Rebate Program; 

8 (5) a description of any waste, fraud, or abuse 

9 with respect to funds made available to carry out 

10 this subpart; and 

11 (6) any other information the Secretary con12 siders appropriate. 

13 SEC. 32326. ADMINISTRATION. 

14 (a) IN GENERAL.—The Secretary shall provide such 

15 administrative and technical support to contractors, rebate 

16 aggregators, States, and Indian Tribes as is necessary to 

17 carry out this subpart. 

18 (b) INFORMATION COLLECTION.—The Secretary 

19 shall establish, and make available to a homeowner, or the 

20 homeowner’s designated representative, seeking a rebate 

21 under this subpart, release forms authorizing access by 

22 the Secretary, or a designated third-party representative 

23 to information in the utility bills of the homeowner with 

24 appropriate privacy protections in place. 


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1 SEC. 32327. TREATMENT OF REBATES. 

2 For purposes of the Internal Revenue Code of 1986, 

3 gross income shall not include any rebate received under 

4 this subpart. 

5 SEC. 32328. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated to the Secretary to carry out this subpart 

8 $1,200,000,000 for each of fiscal years 2022 through 

9 2026, to remain available until expended. 

10 (b) TRIBAL ALLOCATION.—Of the amounts made 

11 available pursuant to subsection (a) for a fiscal year, the 

12 Secretary shall work with Indian Tribes and use 2 percent 

13 of such amounts to carry out a program or programs that 

14 as close as possible reflect the goals, requirements, and 

15 provisions of this subpart, taking into account any factors 

16 that the Secretary determines to be appropriate. 

17 Subpart C—General Provisions 

18 SEC. 32331. APPOINTMENT OF PERSONNEL. 

19 Notwithstanding the provisions of title 5, United 

20 States Code, regarding appointments in the competitive 

21 service and General Schedule classifications and pay rates, 

22 the Secretary may appoint such professional and adminis23 trative personnel as the Secretary considers necessary to 

24 carry out this part. 


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1 SEC. 32332. MAINTENANCE OF FUNDING. 

2 Each State receiving Federal funds pursuant to this 

3 part shall provide reasonable assurances to the Secretary 

4 that it has established policies and procedures designed 

5 to ensure that Federal funds provided under this part will 

6 be used to supplement, and not to supplant, State and 

7 local funds. 

8 PART 4—ENERGY AND WATER PERFORMANCE AT 

9 FEDERAL FACILITIES 

10 SEC. 32401. ENERGY AND WATER PERFORMANCE REQUIRE11 MENT FOR FEDERAL FACILITIES. 

12 Section 543 of the National Energy Conservation 

13 Policy Act (42 U.S.C. 8253) is amended— 

14 (1) in subsection (a)— 

15 (A) in the subsection heading, by striking 

16 ‘‘ENERGY PERFORMANCE REQUIREMENT FOR

17 FEDERAL BUILDINGS’’ and inserting ‘‘ENERGY

18 AND WATER PERFORMANCE REQUIREMENT

19 FOR FEDERAL FACILITIES’’; 

20 (B) by striking paragraph (1) and insert21 ing the following: 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 the head of each agency shall— 

24 ‘‘(A) for each of fiscal years 2020 through 

25 2030, reduce average facility energy intensity 

26 (as measured in British thermal units per gross 


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1 square foot) at facilities of the agency by 2.5 

2 percent each fiscal year relative to the average 

3 facility energy intensity of the facilities of the 

4 agency in fiscal year 2018; 

5 ‘‘(B) for each of fiscal years 2020 through 

6 2030, improve water use efficiency and manage7 ment, including stormwater management, at fa8 cilities of the agency by reducing agency water 

9 consumption intensity— 

10 ‘‘(i) by reducing the potable water 

11 consumption by 54 percent by fiscal year 

12 2030, relative to the potable water con13 sumption at facilities of the agency in fis14 cal year 2007, through reductions of 2 per15 cent each fiscal year (as measured in gal16 lons per gross square foot); 

17 ‘‘(ii) by reducing the industrial, land18 scaping, and agricultural water consump19 tion of the agency, as compared to a base20 line of that consumption at facilities of the 

21 agency in fiscal year 2010, through reduc22 tions of 2 percent each fiscal year (as 

23 measured in gallons); and 

24 ‘‘(iii) by installing appropriate infra25 structure features at facilities of the agenVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 cy to improve stormwater and wastewater 

2 management; and 

3 ‘‘(C) to the maximum extent practicable, in 

4 carrying out subparagraphs (A) and (B), take 

5 measures that are life cycle cost-effective.’’; 

6 (C) in paragraph (2)— 

7 (i) by striking ‘‘(2) An agency’’ and 

8 inserting the following: 

9 ‘‘(2) ENERGY AND WATER INTENSIVE FACILITY

10 EXCLUSION.—An agency’’; 

11 (ii) by striking ‘‘building’’ and insert12 ing ‘‘facility’’; 

13 (iii) by inserting ‘‘and water’’ after 

14 ‘‘energy’’ each place it appears; and 

15 (iv) by striking ‘‘buildings’’ and in16 serting ‘‘facilities’’; and 

17 (D) by striking paragraph (3) and insert18 ing the following: 

19 ‘‘(3) RECOMMENDATIONS.—Not later than De20 cember 31, 2029, the Secretary shall— 

21 ‘‘(A) review the results of the implementa22 tion of the energy and water performance re23 quirements established under paragraph (1); 

24 and 


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1 ‘‘(B) submit to Congress recommendations 

2 concerning energy and water performance re3 quirements for fiscal years 2031 through 

4 2040.’’; 

5 (2) in subsection (c)— 

6 (A) in paragraph (1), by striking ‘‘Federal 

7 building or collection of Federal buildings’’ each 

8 place it appears and inserting ‘‘Federal facil9 ity’’; 

10 (B) in paragraph (2)— 

11 (i) by striking ‘‘buildings’’ and insert12 ing ‘‘facilities’’; and 

13 (ii) by striking ‘‘building’’ and insert14 ing ‘‘facility’’; and 

15 (C) in paragraph (3), by adding at the end 

16 the following: ‘‘Not later than 1 year after the 

17 date of enactment of the Leading Infrastruc18 ture For Tomorrow’s America Act, the Sec19 retary shall issue guidelines to establish criteria 

20 for exclusions to water performance require21 ments under paragraph (1). The Secretary shall 

22 update the criteria for exclusions under this 

23 subsection as appropriate to reflect changing 

24 technology and other conditions.’’; 


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1 (3) in subsection (d)(2), by striking ‘‘buildings’’ 

2 and inserting ‘‘facilities’’; 

3 (4) in subsection (e)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘By October 1’’ and in6 serting the following: 

7 ‘‘(A) ENERGY.—By October 1’’; 

8 (ii) by striking ‘‘buildings’’ each place 

9 it appears and inserting ‘‘facilities’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(B) WATER.—By February 1, 2025, in 

13 accordance with guidelines established by the 

14 Secretary under paragraph (2), each agency 

15 shall use water meters at facilities of the agency 

16 where doing so will assist in reducing the cost 

17 of water used at such facilities.’’; 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (A), by striking 

20 ‘‘paragraph (1).’’ and inserting ‘‘paragraph 

21 (1)(A). Not later than 180 days after the 

22 date of enactment of the Leading Infra23 structure For Tomorrow’s America Act, 

24 the Secretary, in consultation with such 

25 departments and entities, shall establish 


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1 guidelines for agencies to carry out para2 graph (1)(B).’’; 

3 (ii) in subparagraph (B)— 

4 (I) by amending clause (i)(II) to 

5 read as follows: 

6 ‘‘(II) the extent to which meter7 ing is expected to result in increased 

8 potential for energy and water man9 agement, increased potential for en10 ergy and water savings, energy and 

11 water efficiency improvements, and 

12 cost savings due to utility contract ag13 gregation; and’’; 

14 (II) in clause (iii), by striking 

15 ‘‘buildings’’ and inserting ‘‘facilities’’; 

16 and 

17 (III) in clause (iv), by striking 

18 ‘‘building’’ and inserting ‘‘facility’’; 

19 and 

20 (C) in paragraph (4)(B), by striking 

21 ‘‘buildings’’ each place it appears and inserting 

22 ‘‘facilities’’; 

23 (5) in subsection (f)— 

24 (A) in the subsection heading, by striking 

25 ‘‘BUILDINGS’’ and inserting ‘‘FACILITIES’’; 


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1 (B) in paragraph (1)— 

2 (i) in the matter preceding subpara3 graph (A), by striking ‘‘In this subsection’’ 

4 and inserting ‘‘In this section’’; 

5 (ii) in subparagraph (B)(i)(II), by in6 serting ‘‘and water’’ after ‘‘energy’’; and 

7 (iii) in subparagraph (C)(i), by insert8 ing ‘‘that consumes energy or water and 

9 is’’ before ‘‘owned or operated’’; and 

10 (C) in paragraph (8)— 

11 (i) by striking ‘‘building’’ each place it 

12 appears and inserting ‘‘facility’’; 

13 (ii) in subparagraph (A), by adding at 

14 the end the following: ‘‘The energy man15 ager shall enter water use data for each 

16 metered facility that is (or is a part of) a 

17 facility that meets the criteria established 

18 by the Secretary under paragraph (2)(B) 

19 into a facility water use benchmarking sys20 tem.’’; and 

21 (iii) in subparagraph (B), by striking 

22 ‘‘this subsection’’ and inserting ‘‘the date 

23 of enactment of the Leading Infrastructure 

24 For Tomorrow’s America Act’’; and 

25 (6) in subsection (g)(1)— 


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1 (A) by striking ‘‘building’’ and inserting 

2 ‘‘facility’’; and 

3 (B) by striking ‘‘energy efficient’’ and in4 serting ‘‘energy and water efficient’’. 

5 PART 5—OPEN BACK BETTER 

6 SEC. 32501. FACILITIES ENERGY RESILIENCY. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COVERED PROJECT.—The term ‘‘covered 

9 project’’ means a building project at an eligible facil10 ity that— 

11 (A) increases— 

12 (i) resiliency, including— 

13 (I) public health and safety; 

14 (II) power outages; 

15 (III) natural disasters; 

16 (IV) indoor air quality; and 

17 (V) any modifications neces18 sitated by the COVID–19 pandemic; 

19 (ii) energy efficiency; 

20 (iii) renewable energy; and 

21 (iv) grid integration; and 

22 (B) may have combined heat and power 

23 and energy storage as project components. 

24 (2) EARLY CHILDHOOD EDUCATION PRO25 GRAM.—The term ‘‘early childhood education proVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 gram’’ has the meaning given the term in section 

2 103 of the Higher Education Act of 1965 (20 

3 U.S.C. 1003). 

4 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen5 tary school’’ has the meaning given the term in sec6 tion 8101 of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 7801). 

8 (4) ELIGIBLE FACILITY.—The term ‘‘eligible fa9 cility’’ means a public facility, as determined by the 

10 Secretary, including— 

11 (A) a public school, including an elemen12 tary school and a secondary school; 

13 (B) a facility used to operate an early 

14 childhood education program; 

15 (C) a local educational agency; 

16 (D) a medical facility; 

17 (E) a local or State government building; 

18 (F) a community facility; 

19 (G) a public safety facility; 

20 (H) a day care center; 

21 (I) an institution of higher education; 

22 (J) a public library; and 

23 (K) a wastewater treatment facility. 

24 (5) ENVIRONMENTAL JUSTICE COMMUNITY.— 

25 The term ‘‘environmental justice community’’ means 


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1 any population of color, community of color, indige2 nous community, or low-income community that ex3 periences a disproportionate burden of the negative 

4 human health and environmental impacts of pollu5 tion or other environmental hazards. 

6 (6) INSTITUTION OF HIGHER EDUCATION.—The 

7 term ‘‘institution of higher education’’ has the 

8 meaning given the term in section 101 of the Higher 

9 Education Act of 1965 (20 U.S.C. 1001). 

10 (7) LOCAL EDUCATIONAL AGENCY.—The term 

11 ‘‘local educational agency’’ has the meaning given 

12 the term in section 8101 of the Elementary and Sec13 ondary Education Act of 1965 (20 U.S.C. 7801). 

14 (8) LOW INCOME.—The term ‘‘low income’’ 

15 means an annual household income equal to, or less 

16 than, the greater of— 

17 (A) an amount equal to 80 percent of the 

18 median income of the area in which the house19 hold is located, as reported by the Department 

20 of Housing and Urban Development; and 

21 (B) 200 percent of the Federal poverty 

22 line. 

23 (9) LOW-INCOME COMMUNITY.—The term ‘‘low24 income community’’ means any census block group 


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1 in which 30 percent or more of the population are 

2 individuals with low income. 

3 (10) SECONDARY SCHOOL.—The term ‘‘sec4 ondary school’’ has the meaning given the term in 

5 section 8101 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 7801). 

7 (11) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Energy. 

9 (12) STATE.—The term ‘‘State’’ has the mean10 ing given the term in section 3 of the Energy Policy 

11 and Conservation Act (42 U.S.C. 6202). 

12 (13) STATE ENERGY PROGRAM.—The term 

13 ‘‘State Energy Program’’ means the State Energy 

14 Program established under part D of title III of the 

15 Energy Policy and Conservation Act (42 U.S.C. 

16 6321 et seq.). 

17 (14) TRIBAL ORGANIZATION.— 

18 (A) IN GENERAL.—The term ‘‘tribal orga19 nization’’ has the meaning given the term in 

20 section 3765 of title 38, United States Code. 

21 (B) TECHNICAL AMENDMENT.—Section 

22 3765(4) of title 38, United States Code, is 

23 amended by striking ‘‘section 4(l) of the Indian 

24 Self-Determination and Education Assistance 

25 Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 


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1 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 5304)’’. 

3 (b) STATE PROGRAMS.— 

4 (1) ESTABLISHMENT.—Not later than 60 days 

5 after the date of enactment of this Act, the Sec6 retary shall distribute grants to States under the 

7 State Energy Program, in accordance with the allo8 cation formula established under that Program, to 

9 implement covered projects. 

10 (2) USE OF FUNDS.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), grant funds under paragraph (1) 

13 may be used for technical assistance, project fa14 cilitation, and administration. 

15 (B) TECHNICAL ASSISTANCE.—A State 

16 may use not more than 10 percent of grant 

17 funds received under paragraph (1) to provide 

18 technical assistance for the development, facili19 tation, management, oversight, and measure20 ment of results of covered projects implemented 

21 using those funds. 

22 (C) ENVIRONMENTAL JUSTICE AND OTHER

23 COMMUNITIES.—To support communities ad24 versely impacted by the COVID–19 pandemic, a 

25 State shall use not less than 40 percent of 


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1 grant funds received under paragraph (1) to 

2 implement covered projects in environmental 

3 justice communities or low income communities. 

4 (D) PRIVATE FINANCING.—A State receiv5 ing a grant under paragraph (1) shall— 

6 (i) to the extent practicable, leverage 

7 private financing for cost-effective energy 

8 efficiency, renewable energy, resiliency, and 

9 other smart-building improvements, such 

10 as by entering into an energy service per11 formance contract; but 

12 (ii) maintain the use of grant funds to 

13 carry out covered projects with more 

14 project resiliency, public health, and cap15 ital-intensive efficiency and emission reduc16 tion components than are typically avail17 able through private energy service per18 formance contracts. 

19 (E) GUIDANCE.—In carrying out a covered 

20 project using grant funds received under para21 graph (1), a State shall, to the extent prac22 ticable, adhere to guidance developed by the 

23 Secretary pursuant to the American Recovery 

24 and Reinvestment Act of 2009 (Public Law 

25 111–5; 123 Stat. 115) relating to distribution 


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1 of funds, if that guidance will speed the dis2 tribution of funds under this subsection. 

3 (3) NO MATCHING REQUIREMENT.—Notwith4 standing any other provision of law, a State receiv5 ing a grant under paragraph (1) shall not be re6 quired to provide any amount of matching funding. 

7 (4) REPORT.—Not later than 1 year after the 

8 date on which grants are distributed under para9 graph (1), and each year thereafter until the funds 

10 appropriated under paragraph (5) are no longer 

11 available, the Secretary shall submit a report on the 

12 use of those funds (including in the communities de13 scribed in paragraph (2)(C)) to— 

14 (A) the Subcommittee on Energy and 

15 Water Development of the Committee on Ap16 propriations of the Senate; 

17 (B) the Subcommittee on Energy and 

18 Water Development and Related Agencies of 

19 the Committee on Appropriations of the House 

20 of Representatives; 

21 (C) the Committee on Energy and Natural 

22 Resources of the Senate; 

23 (D) the Committee on Energy and Com24 merce of the House of Representatives; and 


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1 (E) the Committee on Education and 

2 Labor of the House of Representatives. 

3 (5) FUNDING.—In addition to any amounts 

4 made available to the Secretary to carry out the 

5 State Energy Program, there is authorized to be ap6 propriated to the Secretary $3,600,000,000 to carry 

7 out this subsection for each of fiscal years 2022 

8 through 2026, to remain available until expended. 

9 (6) SUPPLEMENT, NOT SUPPLANT.—Funds 

10 made available under paragraph (5) shall supple11 ment, not supplant, any other funds made available 

12 to States for the State Energy Program or the 

13 weatherization assistance program established under 

14 part A of title IV of the Energy Conservation and 

15 Production Act (42 U.S.C. 6861 et seq.). 

16 (c) FEDERAL ENERGY MANAGEMENT PROGRAM.— 

17 (1) IN GENERAL.—Not later than 60 days after 

18 the date of enactment of this Act, the Secretary 

19 shall use the funds appropriated under paragraph 

20 (4) to provide grants under the AFFECT program 

21 under the Federal Energy Management Program of 

22 the Department of Energy to implement covered 

23 projects. 

24 (2) PRIVATE FINANCING.—A recipient of a 

25 grant under paragraph (1) shall— 


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1 (A) to the extent practicable, leverage pri2 vate financing for cost-effective energy effi3 ciency, renewable energy, resiliency, and other 

4 smart-building improvements, such as by enter5 ing into an energy service performance contract; 

6 but 

7 (B) maintain the use of grant funds to 

8 carry out covered projects with more project re9 siliency, public health, and capital-intensive effi10 ciency and emission reduction components than 

11 are typically available through private energy 

12 service performance contracts. 

13 (3) REPORT.—Not later than 1 year after the 

14 date on which grants are distributed under para15 graph (1), and each year thereafter until the funds 

16 appropriated under paragraph (4) are no longer 

17 available, the Secretary shall submit a report on the 

18 use of those funds to— 

19 (A) the Subcommittee on Energy and 

20 Water Development of the Committee on Ap21 propriations of the Senate; 

22 (B) the Subcommittee on Energy and 

23 Water Development and Related Agencies of 

24 the Committee on Appropriations of the House 

25 of Representatives; 


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1 (C) the Committee on Energy and Natural 

2 Resources of the Senate; 

3 (D) the Committee on Energy and Com4 merce of the House of Representatives; and 

5 (E) the Committee on Education and 

6 Labor of the House of Representatives. 

7 (4) FUNDING.—In addition to any amounts 

8 made available to the Secretary to carry out the AF9 FECT program described in paragraph (1), there is 

10 authorized to be appropriated to the Secretary 

11 $500,000,000 to carry out this subsection, to remain 

12 available until September 30, 2025. 

13 (d) TRIBAL ORGANIZATIONS.— 

14 (1) IN GENERAL.—Not later than 60 days after 

15 the date of enactment of this Act, the Secretary, act16 ing through the head of the Office of Indian Energy, 

17 shall distribute funds made available under para18 graph (3) to Tribal organizations to implement cov19 ered projects. 

20 (2) REPORT.—Not later than 1 year after the 

21 date on which funds are distributed under para22 graph (1), and each year thereafter until the funds 

23 made available under paragraph (3) are no longer 

24 available, the Secretary shall submit a report on the 

25 use of those funds to— 


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1 (A) the Subcommittee on Energy and 

2 Water Development of the Committee on Ap3 propriations of the Senate; 

4 (B) the Subcommittee on Energy and 

5 Water Development and Related Agencies of 

6 the Committee on Appropriations of the House 

7 of Representatives; 

8 (C) the Committee on Energy and Natural 

9 Resources of the Senate; 

10 (D) the Committee on Energy and Com11 merce of the House of Representatives; and 

12 (E) the Committee on Education and 

13 Labor of the House of Representatives. 

14 (3) FUNDING.—There is authorized to be ap15 propriated to the Secretary $1,500,000,000 to carry 

16 out this subsection, to remain available until Sep17 tember 30, 2025. 

18 (e) USE OF AMERICAN IRON, STEEL, AND MANUFAC19 TURED GOODS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), none of the funds made available by or 

22 pursuant to this section may be used for a covered 

23 project unless all of the iron, steel, and manufac24 tured goods used in the project are produced in the 

25 United States. 


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1 (2) EXCEPTIONS.—The requirement under 

2 paragraph (1) shall be waived by the head of the rel3 evant Federal department or agency in any case or 

4 category of cases in which the head of the relevant 

5 Federal department or agency determines that— 

6 (A) adhering to that requirement would be 

7 inconsistent with the public interest; 

8 (B) the iron, steel, and manufactured 

9 goods needed for the project are not produced 

10 in the United States— 

11 (i) in sufficient and reasonably avail12 able quantities; and 

13 (ii) in a satisfactory quality; or 

14 (C) the inclusion of iron, steel, and rel15 evant manufactured goods produced in the 

16 United States would increase the overall cost of 

17 the project by more than 25 percent. 

18 (3) WAIVER PUBLICATION.—If the head of a 

19 Federal department or agency makes a determina20 tion under paragraph (2) to waive the requirement 

21 under paragraph (1), the head of the Federal de22 partment or agency shall publish in the Federal 

23 Register a detailed justification for the waiver. 

24 (4) INTERNATIONAL AGREEMENTS.—This sub25 section shall be applied in a manner consistent with 


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1 the obligations of the United States under all appli2 cable international agreements. 

3 (f) WAGE RATE REQUIREMENTS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, all laborers and mechanics em6 ployed by contractors and subcontractors on projects 

7 funded directly or assisted in whole or in part by the 

8 Federal Government pursuant to this section shall 

9 be paid wages at rates not less than those prevailing 

10 on projects of a similar character in the locality, as 

11 determined by the Secretary of Labor in accordance 

12 with subchapter IV of chapter 31 of title 40, United 

13 States Code (commonly known as the ‘‘Davis-Bacon 

14 Act’’). 

15 (2) AUTHORITY.—With respect to the labor 

16 standards specified in paragraph (1), the Secretary 

17 of Labor shall have the authority and functions set 

18 forth in Reorganization Plan Numbered 14 of 1950 

19 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

20 title 40, United States Code. 

21 SEC. 32502. PERSONNEL. 

22 (a) IN GENERAL.—To carry out section 32501, the 

23 Secretary of Energy shall hire within the Department of 

24 Energy— 


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1 (1) not less than 300 full-time employees in the 

2 Office of Energy Efficiency and Renewable Energy; 

3 (2) not less than 100 full-time employees, to be 

4 distributed among— 

5 (A) the Office of General Counsel; 

6 (B) the Office of Procurement Policy; 

7 (C) the Golden Field Office; 

8 (D) the National Energy Technology Lab9 oratory; and 

10 (E) the Office of the Inspector General; 

11 and 

12 (3) not less than 20 full-time employees in the 

13 Office of Indian Energy. 

14 (b) TIMELINE.—Not later than 60 days after the 

15 date of enactment of this Act, the Secretary shall— 

16 (1) hire all personnel under subsection (a); or 

17 (2) certify that the Secretary is unable to hire 

18 all personnel by the date required under this sub19 section. 

20 (c) CONTRACT HIRES.— 

21 (1) IN GENERAL.—If the Secretary makes a 

22 certification under subsection (b)(2), the Secretary 

23 may hire on a contract basis not more than 50 per24 cent of the personnel required to be hired under sub25 section (a). 


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1 (2) DURATION.—An individual hired on a con2 tract basis under paragraph (1) shall have an em3 ployment term of not more than 1 year. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Secretary to carry 

6 out this section $84,000,000 for each of fiscal years 2022 

7 through 2026. 

8 (e) REPORT.—Not later than 60 days after the date 

9 of enactment of this Act, and annually thereafter for 2 

10 years, the Secretary shall submit a report on progress 

11 made in carrying out subsection (a) to— 

12 (1) the Subcommittee on Energy and Water 

13 Development of the Committee on Appropriations of 

14 the Senate; 

15 (2) the Subcommittee on Energy and Water 

16 Development and Related Agencies of the Committee 

17 on Appropriations of the House of Representatives; 

18 (3) the Committee on Energy and Natural Re19 sources of the Senate; 

20 (4) the Committee on Energy and Commerce of 

21 the House of Representatives; and 

22 (5) the Committee on Education and Labor of 

23 the House of Representatives. 


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1 Subtitle C—Energy Supply 

2 Infrastructure 

3 SEC. 33001. GRANT PROGRAM FOR SOLAR INSTALLATIONS 

4 LOCATED IN, OR THAT SERVE, LOW-INCOME 

5 AND UNDERSERVED AREAS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) BENEFICIARY.—The term ‘‘beneficiary’’ 

8 means a low-income household or a low-income 

9 household in an underserved area. 

10 (2) COMMUNITY SOLAR FACILITY.—The term 

11 ‘‘community solar facility’’ means a solar generating 

12 facility that— 

13 (A) through a voluntary program, has mul14 tiple subscribers that receive financial benefits 

15 that are directly attributable to the facility; 

16 (B) has a nameplate rating of 5 megawatts 

17 AC or less; and 

18 (C) is located in the utility distribution 

19 service territory of subscribers. 

20 (3) COMMUNITY SOLAR SUBSCRIPTION.—The 

21 term ‘‘community solar subscription’’ means a share 

22 in the capacity, or a proportional interest in the elec23 tricity generation, of a community solar facility. 

24 (4) COVERED FACILITY.—The term ‘‘covered 

25 facility’’ means— 


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1 (A) a community solar facility— 

2 (i) that is located in an underserved 

3 area; or 

4 (ii) at least 50 percent of the capacity 

5 of which is reserved for low-income house6 holds; 

7 (B) a solar generating facility located at a 

8 residence of a low-income household; or 

9 (C) a solar generating facility located at a 

10 multi-family affordable housing complex. 

11 (5) COVERED STATE.—The term ‘‘covered 

12 State’’ means a State with processes in place to en13 sure that covered facilities deliver financial benefits 

14 to low-income households. 

15 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 

17 (A) a nonprofit organization that provides 

18 services to low-income households or multi-fam19 ily affordable housing complexes; 

20 (B) a developer, owner, or operator of a 

21 community solar facility that reserves a portion 

22 of the capacity of the facility for subscribers 

23 who are members of low-income households or 

24 for low-income households that otherwise finan25 cially benefit from the facility; 


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1 (C) a covered State, or political subdivision 

2 thereof; 

3 (D) an Indian Tribe or a tribally owned 

4 electric utility; 

5 (E) a Native Hawaiian community-based 

6 organization; 

7 (F) any other national or regional entity 

8 that has experience developing or installing 

9 solar generating facilities for low-income house10 holds that maximize financial benefits to those 

11 households; and 

12 (G) an electric cooperative or municipal 

13 electric utility (as such terms are defined in sec14 tion 3 of the Federal Power Act). 

15 (7) ELIGIBLE INSTALLATION PROJECT.—The 

16 term ‘‘eligible installation project’’ means a project 

17 to install a covered facility in a covered State. 

18 (8) ELIGIBLE PLANNING PROJECT.—The term 

19 ‘‘eligible planning project’’ means a project to carry 

20 out pre-installation activities for the development of 

21 a covered facility in a covered State. 

22 (9) ELIGIBLE PROJECT.—The term ‘‘eligible 

23 project’’ means— 

24 (A) an eligible planning project; or 

25 (B) an eligible installation project. 


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1 (10) FEASIBILITY STUDY.—The term ‘‘feasi2 bility study’’ means any activity to determine the 

3 feasibility of a specific solar generating facility, in4 cluding a customer interest assessment and a siting 

5 assessment, as determined by the Secretary. 

6 (11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

7 means any Indian Tribe, band, nation, or other or8 ganized group or community, including any Alaska 

9 Native village, Regional Corporation, or Village Cor10 poration (as defined in, or established pursuant to, 

11 the Alaska Native Claims Settlement Act (43 U.S.C. 

12 1601 et seq.)), that is recognized as eligible for the 

13 special programs and services provided by the 

14 United States to Indians because of their status as 

15 Indians. 

16 (12) INTERCONNECTION SERVICE.—The term 

17 ‘‘interconnection service’’ has the meaning given 

18 such term in section 111(d)(15) of the Public Utility 

19 Regulatory Policies Act of 1978 (16 U.S.C. 

20 2621(d)(15)). 

21 (13) LOW-INCOME HOUSEHOLD.—The term 

22 ‘‘low-income household’’ means that income in rela23 tion to family size which— 

24 (A) is at or below 200 percent of the pov25 erty level determined in accordance with criteria 


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1 established by the Director of the Office of 

2 Management and Budget, except that the Sec3 retary may establish a higher level if the Sec4 retary determines that such a higher level is 

5 necessary to carry out the purposes of this sec6 tion; 

7 (B) is the basis on which cash assistance 

8 payments have been paid during the preceding 

9 12-month period under titles IV and XVI of the 

10 Social Security Act (42 U.S.C. 601 et seq., 

11 1381 et seq.) or applicable State or local law; 

12 or 

13 (C) if a State elects, is the basis for eligi14 bility for assistance under the Low-Income 

15 Home Energy Assistance Act of 1981 (42 

16 U.S.C. 8621 et seq.), provided that such basis 

17 is at least 200 percent of the poverty level de18 termined in accordance with criteria established 

19 by the Director of the Office of Management 

20 and Budget. 

21 (14) MULTI-FAMILY AFFORDABLE HOUSING

22 COMPLEX.—The term ‘‘multi-family affordable hous23 ing complex’’ means any federally subsidized afford24 able housing complex in which at least 50 percent of 

25 the units are reserved for low-income households. 


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1 (15) NATIVE HAWAIIAN COMMUNITY-BASED OR2 GANIZATION.—The term ‘‘Native Hawaiian commu3 nity-based organization’’ means any organization 

4 that is composed primarily of Native Hawaiians 

5 from a specific community and that assists in the 

6 social, cultural, and educational development of Na7 tive Hawaiians in that community. 

8 (16) PROGRAM.—The term ‘‘program’’ means 

9 the program established under subsection (b). 

10 (17) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of Energy. 

12 (18) SOLAR GENERATING FACILITY.—The term 

13 ‘‘solar generating facility’’ means— 

14 (A) a generator that creates electricity 

15 from light photons; and 

16 (B) the accompanying hardware enabling 

17 that electricity to flow— 

18 (i) onto the electric grid; 

19 (ii) into a facility or structure; or 

20 (iii) into an energy storage device. 

21 (19) STATE.—The term ‘‘State’’ means each of 

22 the 50 States, the District of Columbia, Guam, the 

23 Commonwealth of Puerto Rico, the Northern Mar24 iana Islands, the Virgin Islands, and American 

25 Samoa. 


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1 (20) SUBSCRIBER.—The term ‘‘subscriber’’ 

2 means a person who— 

3 (A) owns a community solar subscription, 

4 or an equivalent unit or share of the capacity 

5 or generation of a community solar facility; or 

6 (B) financially benefits from a community 

7 solar facility, even if the person does not own 

8 a community solar subscription for the facility. 

9 (21) UNDERSERVED AREA.—The term ‘‘under10 served area’’ means— 

11 (A) a geographical area with low or no 

12 photovoltaic solar deployment, as determined by 

13 the Secretary; 

14 (B) a geographical area that has low or no 

15 access to electricity, as determined by the Sec16 retary; 

17 (C) a geographical area with an average 

18 annual residential retail electricity price that 

19 exceeds the national average annual residential 

20 retail electricity price (as reported by the En21 ergy Information Agency) by 50 percent or 

22 more; or 

23 (D) trust land, as defined in section 3765 

24 of title 38, United States Code. 


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1 (b) ESTABLISHMENT.—The Secretary shall establish 

2 a program to provide financial assistance to eligible enti3 ties to— 

4 (1) carry out planning projects that are nec5 essary to establish the feasibility, obtain required 

6 permits, identify beneficiaries, or secure subscribers 

7 to install a covered facility; or 

8 (2) install a covered facility for beneficiaries in 

9 accordance with this section. 

10 (c) APPLICATIONS.— 

11 (1) IN GENERAL.—To be eligible to receive as12 sistance under the program, an eligible entity shall 

13 submit to the Secretary an application at such time, 

14 in such manner, and containing such information as 

15 the Secretary may require. 

16 (2) INCLUSION FOR INSTALLATION ASSIST17 ANCE.— 

18 (A) REQUIREMENTS.—For an eligible enti19 ty to receive assistance for a project to install 

20 a covered facility, the Secretary shall require 

21 the eligible entity to include— 

22 (i) information in the application that 

23 is sufficient to demonstrate that the eligi24 ble entity has obtained, or has the capacity 

25 to obtain, necessary permits, subscribers, 


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1 access to an installation site, and any other 

2 items or agreements necessary to comply 

3 with an agreement under subsection (g)(1) 

4 and to complete the installation of the ap5 plicable covered facility; 

6 (ii) a description of the mechanism 

7 through which financial benefits will be 

8 distributed to beneficiaries or subscribers; 

9 and 

10 (iii) an estimate of the anticipated fi11 nancial benefit for beneficiaries or sub12 scribers. 

13 (B) CONSIDERATION OF PLANNING

14 PROJECTS.—The Secretary shall consider the 

15 successful completion of an eligible planning 

16 project pursuant to subsection (b)(1) by the eli17 gible entity to be sufficient to demonstrate the 

18 ability of the eligible entity to meet the require19 ments of subparagraph (A)(i). 

20 (d) SELECTION.— 

21 (1) IN GENERAL.—In selecting eligible projects 

22 to receive assistance under the program, the Sec23 retary shall— 

24 (A) prioritize— 


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1 (i) eligible installation projects that 

2 will result in the most financial benefit for 

3 subscribers, as determined by the Sec4 retary; 

5 (ii) eligible installation projects that 

6 will result in development of covered facili7 ties in underserved areas; and 

8 (iii) eligible projects that include ap9 prenticeship, job training, or community 

10 participation as part of their application; 

11 and 

12 (B) ensure that such assistance is provided 

13 in a manner that results in eligible projects 

14 being carried out on a geographically diverse 

15 basis within and among covered States. 

16 (2) DETERMINATION OF FINANCIAL BEN17 EFIT.—In determining the amount of financial ben18 efit for low-income households of an eligible installa19 tion project, the Secretary shall ensure that all cal20 culations for estimated household energy savings are 

21 based solely on electricity offsets from the applicable 

22 covered facility and use formulas established by the 

23 State or local government with jurisdiction over the 

24 applicable covered facility for verifiable household 


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1 energy savings estimates that accrue to low-income 

2 households. 

3 (e) ASSISTANCE.— 

4 (1) FORM.—The Secretary may provide assist5 ance under the program in the form of a grant 

6 (which may be in the form of a rebate) or a low-in7 terest loan. 

8 (2) MULTIPLE PROJECTS FOR SAME FACIL9 ITY.— 

10 (A) IN GENERAL.—An eligible entity may 

11 apply for assistance under the program for an 

12 eligible planning project and an eligible installa13 tion project for the same covered facility. 

14 (B) SEPARATE SELECTIONS.—Selection by 

15 the Secretary for assistance under the program 

16 of an eligible planning project does not require 

17 the Secretary to select for assistance under the 

18 program an eligible installation project for the 

19 same covered facility. 

20 (f) USE OF ASSISTANCE.— 

21 (1) ELIGIBLE PLANNING PROJECTS.—An eligi22 ble entity receiving assistance for an eligible plan23 ning project under the program may use such assist24 ance to pay the costs of pre-installation activities asVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 sociated with an applicable covered facility, includ2 ing— 

3 (A) feasibility studies; 

4 (B) permitting; 

5 (C) site assessment; 

6 (D) on-site job training, or other commu7 nity-based activities directly associated with the 

8 eligible planning project; or 

9 (E) such other costs determined by the 

10 Secretary to be appropriate. 

11 (2) ELIGIBLE INSTALLATION PROJECTS.—An 

12 eligible entity receiving assistance for an eligible in13 stallation project under the program may use such 

14 assistance to pay the costs of— 

15 (A) installation of a covered facility, in16 cluding costs associated with materials, permit17 ting, labor, or site preparation; 

18 (B) storage technology sited at a covered 

19 facility; 

20 (C) interconnection service expenses; 

21 (D) on-site job training, or other commu22 nity-based activities directly associated with the 

23 eligible installation project; 

24 (E) offsetting the cost of a subscription for 

25 a covered facility described in subparagraph (A) 


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1 of subsection (a)(4) for subscribers that are 

2 members of a low income household; or 

3 (F) such other costs determined by the 

4 Secretary to be appropriate. 

5 (g) ADMINISTRATION.— 

6 (1) AGREEMENTS.— 

7 (A) IN GENERAL.—As a condition of re8 ceiving assistance under the program, an eligi9 ble entity shall enter into an agreement with 

10 the Secretary. 

11 (B) REQUIREMENTS.—An agreement en12 tered into under this paragraph— 

13 (i) shall require the eligible entity to 

14 maintain such records and adopt such ad15 ministrative practices as the Secretary may 

16 require to ensure compliance with the re17 quirements of this section and the agree18 ment; 

19 (ii) with respect to an eligible installa20 tion project shall require that any solar 

21 generating facility installed using assist22 ance provided pursuant to the agreement 

23 comply with local building and safety codes 

24 and standards; and 


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1 (iii) shall contain such other terms as 

2 the Secretary may require to ensure com3 pliance with the requirements of this sec4 tion. 

5 (C) TERM.—An agreement under this 

6 paragraph shall be for a term that begins on 

7 the date on which the agreement is entered into 

8 and ends on the date that is 2 years after the 

9 date on which the eligible entity receives assist10 ance pursuant to the agreement, which term 

11 may be extended once for a period of not more 

12 than 1 year if the eligible entity demonstrates 

13 to the satisfaction of the Secretary that such an 

14 extension is necessary to complete the activities 

15 required by the agreement. 

16 (2) USE OF FUNDS.—Of the funds made avail17 able to provide assistance to eligible installation 

18 projects under this section over the period of fiscal 

19 years 2022 through 2026, the Secretary shall use— 

20 (A) not less than 50 percent to provide as21 sistance for eligible installation projects with re22 spect to which low-income households make up 

23 at least 50 percent of the subscribers to the 

24 project; and 


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1 (B) not more than 50 percent to provide 

2 assistance for eligible installation projects with 

3 respect to which low-income households make 

4 up at least 25 percent of the subscribers to the 

5 project. 

6 (3) REGULATIONS.—Not later than 120 days 

7 after the date of enactment of this Act, the Sec8 retary shall publish in the Federal Register regula9 tions to carry out this section, which shall take ef10 fect on the date of publication. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There is authorized to be 

13 appropriated to the Secretary to carry out this sec14 tion $200,000,000 for each of fiscal years 2022 

15 through 2026, to remain available until expended. 

16 (2) AMOUNTS FOR PLANNING PROJECTS.—Of 

17 the amounts appropriated pursuant to this section 

18 over the period of fiscal years 2022 through 2026, 

19 the Secretary shall use not more than 15 percent of 

20 funds to provide assistance to eligible planning 

21 projects. 

22 (i) RELATIONSHIP TO OTHER ASSISTANCE.—The 

23 Secretary shall, to the extent practicable, encourage eligi24 ble entities that receive assistance under this section to 

25 leverage such funds by seeking additional funding through 


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1 federally or locally subsidized weatherization and energy 

2 efficiency programs. 

3 SEC. 33002. IMPROVING THE NATURAL GAS DISTRIBUTION 

4 SYSTEM. 

5 (a) PROGRAM.—The Secretary of Energy shall estab6 lish a grant program to provide financial assistance to 

7 States to offset the incremental rate increases paid by low8 income households resulting from the implementation of 

9 infrastructure replacement, repair, and maintenance pro10 grams that are approved by the rate-setting entity and de11 signed to accelerate the necessary replacement, repair, or 

12 maintenance of natural gas distribution systems. 

13 (b) DATE OF ELIGIBILITY.—Awards may be provided 

14 under this section to offset rate increases described in sub15 section (a) occurring on or after the date of enactment 

16 of this Act. 

17 (c) PRIORITIZATION.—The Secretary shall collabo18 rate with States to prioritize the distribution of grants 

19 made under this section. At a minimum, the Secretary 

20 shall consider prioritizing the distribution of grants to 

21 States which have— 

22 (1) authorized or adopted enhanced infrastruc23 ture replacement programs or innovative rate recov24 ery mechanisms, such as infrastructure cost trackers 

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1 ferred regulatory asset programs, and earnings sta2 bility mechanisms; and 

3 (2) a viable means for delivering financial as4 sistance to low-income households. 

5 (d) AUDITING AND REPORTING REQUIREMENTS.— 

6 The Secretary shall establish auditing and reporting re7 quirements for States with respect to the performance of 

8 eligible projects funded pursuant to grants awarded under 

9 this section. 

10 (e) PREVAILING WAGES.—All laborers and mechanics 

11 employed by contractors or subcontractors in the perform12 ance of construction, alteration, or repair work assisted, 

13 in whole or in part, by a grant under this section shall 

14 be paid wages at rates not less than those prevailing on 

15 similar construction in the locality as determined by the 

16 Secretary of Labor in accordance with subchapter IV of 

17 chapter 31 of title 40. With respect to the labor standards 

18 in this subsection, the Secretary of Labor shall have the 

19 authority and functions set forth in Reorganization Plan 

20 Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 

21 section 3145 of title 40. 

22 (f) DEFINITIONS.—In this section: 

23 (1) INNOVATIVE RATE RECOVERY MECHA24 NISMS.—The term ‘‘innovative rate recovery mecha25 nisms’’ means rate structures that allow State public 


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1 utility commissions to modify tariffs and recover 

2 costs of investments in utility replacement incurred 

3 between rate cases. 

4 (2) LOW-INCOME HOUSEHOLD.—The term 

5 ‘‘low-income household’’ means a household that is 

6 eligible to receive payments under section 2605(b)(2) 

7 of the Low-Income Home Energy Assistance Act of 

8 1981 (42 U.S.C. 8624(b)(2)). 

9 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary to carry 

11 out this section $250,000,000 in each of fiscal years 2022 

12 through 2026. 

13 SEC. 33003. DISTRIBUTED ENERGY RESOURCES. 

14 (a) DEFINITIONS.—In this section: 

15 (1) COMBINED HEAT AND POWER SYSTEM.— 

16 The term ‘‘combined heat and power system’’ means 

17 generation of electric energy and heat in a single, in18 tegrated system that meets the efficiency criteria in 

19 clauses (ii) and (iii) of section 48(c)(3)(A) of the In20 ternal Revenue Code of 1986, under which heat that 

21 is conventionally rejected is recovered and used to 

22 meet thermal energy requirements. 

23 (2) DEMAND RESPONSE.—The term ‘‘demand 

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1 tric utility customers from the normal consumption 

2 patterns of the customers in response to— 

3 (A) changes in the price of electricity over 

4 time; or 

5 (B) incentive payments designed to induce 

6 lower electricity use at times of high wholesale 

7 market prices or when system reliability is jeop8 ardized. 

9 (3) DISTRIBUTED ENERGY.—The term ‘‘distrib10 uted energy’’ means energy sources and systems 

11 that— 

12 (A) produce electric or thermal energy 

13 close to the point of use using renewable energy 

14 resources or waste thermal energy; 

15 (B) generate electricity using a combined 

16 heat and power system; 

17 (C) distribute electricity in microgrids; 

18 (D) store electric or thermal energy; or 

19 (E) distribute thermal energy or transfer 

20 thermal energy to building heating and cooling 

21 systems through a district energy system. 

22 (4) DISTRICT ENERGY SYSTEM.—The term 

23 ‘‘district energy system’’ means a system that pro24 vides thermal energy to buildings and other energy 

25 consumers from one or more plants to individual 


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1 buildings to provide space heating, air conditioning, 

2 domestic hot water, industrial process energy, and 

3 other end uses. 

4 (5) ISLANDING.—The term ‘‘islanding’’ means 

5 a distributed generator or energy storage device con6 tinuing to power a location in the absence of electric 

7 power from the primary source. 

8 (6) LOAN.—The term ‘‘loan’’ has the meaning 

9 given the term ‘‘direct loan’’ in section 502 of the 

10 Federal Credit Reform Act of 1990 (2 U.S.C. 661a). 

11 (7) MICROGRID.—The term ‘‘microgrid’’ means 

12 an integrated energy system consisting of inter13 connected loads and distributed energy resources, in14 cluding generators and energy storage devices, with15 in clearly defined electrical boundaries that— 

16 (A) acts as a single controllable entity with 

17 respect to the grid; and 

18 (B) can connect and disconnect from the 

19 grid to operate in both grid-connected mode 

20 and island mode. 

21 (8) RENEWABLE ENERGY RESOURCE.—The 

22 term ‘‘renewable energy resource’’ includes— 

23 (A) biomass; 

24 (B) geothermal energy; 

25 (C) hydropower; 


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1 (D) landfill gas; 

2 (E) municipal solid waste; 

3 (F) ocean (including tidal, wave, current, 

4 and thermal) energy; 

5 (G) organic waste; 

6 (H) photosynthetic processes; 

7 (I) photovoltaic energy; 

8 (J) solar energy; and 

9 (K) wind. 

10 (9) RENEWABLE THERMAL ENERGY.—The term 

11 ‘‘renewable thermal energy’’ means heating or cool12 ing energy derived from a renewable energy re13 source. 

14 (10) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of Energy. 

16 (11) THERMAL ENERGY.—The term ‘‘thermal 

17 energy’’ means— 

18 (A) heating energy in the form of hot 

19 water or steam that is used to provide space 

20 heating, domestic hot water, or process heat; or 

21 (B) cooling energy in the form of chilled 

22 water, ice, or other media that is used to pro23 vide air conditioning, or process cooling. 

24 (12) WASTE THERMAL ENERGY.—The term 

25 ‘‘waste thermal energy’’ means energy that— 


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1 (A) is contained in— 

2 (i) exhaust gases, exhaust steam, con3 denser water, jacket cooling heat, or lubri4 cating oil in power generation systems; 

5 (ii) exhaust heat, hot liquids, or flared 

6 gas from any industrial process; 

7 (iii) waste gas or industrial tail gas 

8 that would otherwise be flared, incinerated, 

9 or vented; 

10 (iv) a pressure drop in any gas, ex11 cluding any pressure drop to a condenser 

12 that subsequently vents the resulting heat; 

13 (v) condenser water from chilled water 

14 or refrigeration plants; or 

15 (vi) any other form of waste energy, 

16 as determined by the Secretary; and 

17 (B)(i) in the case of an existing facility, is 

18 not being used; or 

19 (ii) in the case of a new facility, is not con20 ventionally used in comparable systems. 

21 (b) DISTRIBUTED ENERGY LOAN PROGRAM.— 

22 (1) LOAN PROGRAM.— 

23 (A) IN GENERAL.—Subject to the provi24 sions of this paragraph and paragraphs (2) and 


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1 (3), the Secretary shall establish a program to 

2 provide to eligible entities— 

3 (i) loans for the deployment of distrib4 uted energy systems in a specific project; 

5 and 

6 (ii) loans to provide funding for pro7 grams to finance the deployment of mul8 tiple distributed energy systems through a 

9 revolving loan fund, credit enhancement 

10 program, or other financial assistance pro11 gram. 

12 (B) ELIGIBILITY.—Entities eligible to re13 ceive a loan under subparagraph (A) include— 

14 (i) a State, territory, or possession of 

15 the United States; 

16 (ii) a State energy office; 

17 (iii) a tribal organization (as defined 

18 in section 4 of the Indian Self-Determina19 tion and Education Assistance Act (25 

20 U.S.C. 5304)); 

21 (iv) an institution of higher education 

22 (as defined in section 101 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1001)); 

24 and 

25 (v) an electric utility, including— 


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1 (I) a rural electric cooperative; 

2 (II) a municipally owned electric 

3 utility; and 

4 (III) an investor-owned utility. 

5 (C) SELECTION REQUIREMENTS.—In se6 lecting eligible entities to receive loans under 

7 this subsection, the Secretary shall, to the max8 imum extent practicable, ensure— 

9 (i) regional diversity among eligible 

10 entities to receive loans under this section, 

11 including participation by rural States and 

12 small States; and 

13 (ii) that specific projects selected for 

14 loans— 

15 (I) expand on the existing tech16 nology deployment program of the De17 partment of Energy; and 

18 (II) are designed to achieve one 

19 or more of the objectives described in 

20 subparagraph (D). 

21 (D) OBJECTIVES.—Each deployment se22 lected for a loan under subparagraph (A) shall 

23 promote one or more of the following objectives: 

24 (i) Improved security and resiliency of 

25 energy supply in the event of disruptions 


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1 caused by extreme weather events, grid 

2 equipment or software failure, or terrorist 

3 acts. 

4 (ii) Implementation of distributed en5 ergy in order to increase use of local re6 newable energy resources and waste ther7 mal energy sources. 

8 (iii) Enhanced feasibility of 

9 microgrids, demand response, or islanding. 

10 (iv) Enhanced management of peak 

11 loads for consumers and the grid. 

12 (v) Enhanced reliability in rural areas, 

13 including high energy cost rural areas. 

14 (E) RESTRICTIONS ON USE OF FUNDS.— 

15 Any eligible entity that receives a loan under 

16 subparagraph (A) may only use the loan to 

17 fund programs relating to the deployment of 

18 distributed energy systems. 

19 (2) LOAN TERMS AND CONDITIONS.— 

20 (A) TERMS AND CONDITIONS.—Notwith21 standing any other provision of law, in pro22 viding a loan under this subsection, the Sec23 retary shall provide the loan on such terms and 

24 conditions as the Secretary determines, after 


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1 consultation with the Secretary of the Treasury, 

2 in accordance with this subsection. 

3 (B) SPECIFIC APPROPRIATION.—No loan 

4 shall be made unless an appropriation for the 

5 full amount of the loan has been specifically 

6 provided for that purpose. 

7 (C) REPAYMENT.—No loan shall be made 

8 unless the Secretary determines that there is 

9 reasonable prospect of repayment of the prin10 cipal and interest by the borrower of the loan. 

11 (D) INTEREST RATE.—A loan provided 

12 under this section shall bear interest at a fixed 

13 rate that is equal or approximately equal, in the 

14 determination of the Secretary, to the interest 

15 rate for Treasury securities of comparable ma16 turity. 

17 (E) TERM.—The term of the loan shall re18 quire full repayment over a period not to exceed 

19 the lesser of— 

20 (i) 20 years; or 

21 (ii) 90 percent of the projected useful 

22 life of the physical asset to be financed by 

23 the loan (as determined by the Secretary). 

24 (F) USE OF PAYMENTS.—Payments of 

25 principal and interest on the loan shall— 


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1 (i) be retained by the Secretary to 

2 support energy research and development 

3 activities; and 

4 (ii) remain available until expended, 

5 subject to such conditions as are contained 

6 in annual appropriations Acts. 

7 (G) NO PENALTY ON EARLY REPAY8 MENT.—The Secretary may not assess any pen9 alty for early repayment of a loan provided 

10 under this subsection. 

11 (H) RETURN OF UNUSED PORTION.—In 

12 order to receive a loan under this subsection, an 

13 eligible entity shall agree to return to the gen14 eral fund of the Treasury any portion of the 

15 loan amount that is unused by the eligible enti16 ty within a reasonable period of time after the 

17 date of the disbursement of the loan, as deter18 mined by the Secretary. 

19 (I) COMPARABLE WAGE RATES.—Each la20 borer and mechanic employed by a contractor 

21 or subcontractor in performance of construction 

22 work financed, in whole or in part, by the loan 

23 shall be paid wages at rates not less than the 

24 rates prevailing on similar construction in the 

25 locality as determined by the Secretary of 


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1 Labor in accordance with subchapter IV of 

2 chapter 31 of title 40, United States Code. 

3 (3) RULES AND PROCEDURES; DISBURSEMENT

4 OF LOANS.— 

5 (A) RULES AND PROCEDURES.—Not later 

6 than 180 days after the date of enactment of 

7 this Act, the Secretary shall adopt rules and 

8 procedures for carrying out the loan program 

9 under paragraph (1). 

10 (B) DISBURSEMENT OF LOANS.—Not later 

11 than 1 year after the date on which the rules 

12 and procedures under subparagraph (A) are es13 tablished, the Secretary shall disburse the ini14 tial loans provided under this subsection. 

15 (4) REPORTS.—Not later than 2 years after the 

16 date of receipt of the loan, and annually thereafter 

17 for the term of the loan, an eligible entity that re18 ceives a loan under this subsection shall submit to 

19 the Secretary a report describing the performance of 

20 each program and activity carried out using the 

21 loan, including itemized loan performance data. 

22 (5) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to carry out 

24 this subsection such sums as are necessary. 


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1 (c) TECHNICAL ASSISTANCE AND GRANT PRO2 GRAM.— 

3 (1) ESTABLISHMENT.— 

4 (A) IN GENERAL.—The Secretary shall es5 tablish a technical assistance and grant pro6 gram (referred to in this subsection as the 

7 ‘‘program’’)— 

8 (i) to disseminate information and 

9 provide technical assistance directly to eli10 gible entities so the eligible entities can 

11 identify, evaluate, plan, and design distrib12 uted energy systems; and 

13 (ii) to make grants to eligible entities 

14 so that the eligible entities may contract to 

15 obtain technical assistance to identify, 

16 evaluate, plan, and design distributed en17 ergy systems. 

18 (B) TECHNICAL ASSISTANCE.—The tech19 nical assistance described in subparagraph (A) 

20 shall include assistance with one or more of the 

21 following activities relating to distributed en22 ergy systems: 

23 (i) Identification of opportunities to 

24 use distributed energy systems. 


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1 (ii) Assessment of technical and eco2 nomic characteristics. 

3 (iii) Utility interconnection. 

4 (iv) Permitting and siting issues. 

5 (v) Business planning and financial 

6 analysis. 

7 (vi) Engineering design. 

8 (C) INFORMATION DISSEMINATION.—The 

9 information disseminated under subparagraph 

10 (A)(i) shall include— 

11 (i) information relating to the topics 

12 described in subparagraph (B), including 

13 case studies of successful examples; 

14 (ii) computer software and databases 

15 for assessment, design, and operation and 

16 maintenance of distributed energy systems; 

17 and 

18 (iii) public databases that track the 

19 operation and deployment of existing and 

20 planned distributed energy systems. 

21 (2) ELIGIBILITY.—Any nonprofit or for-profit 

22 entity shall be eligible to receive technical assistance 

23 and grants under the program. 

24 (3) APPLICATIONS.— 


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1 (A) IN GENERAL.—An eligible entity desir2 ing technical assistance or grants under the 

3 program shall submit to the Secretary an appli4 cation at such time, in such manner, and con5 taining such information as the Secretary may 

6 require. 

7 (B) APPLICATION PROCESS.—The Sec8 retary shall seek applications for technical as9 sistance and grants under the program— 

10 (i) on a competitive basis; and 

11 (ii) on a periodic basis, but not less 

12 frequently than once every 12 months. 

13 (C) PRIORITIES.—In selecting eligible enti14 ties for technical assistance and grants under 

15 the program, the Secretary shall give priority to 

16 eligible entities with projects that have the 

17 greatest potential for— 

18 (i) facilitating the use of renewable 

19 energy resources; 

20 (ii) strengthening the reliability and 

21 resiliency of energy infrastructure to the 

22 impact of extreme weather events, power 

23 grid failures, and interruptions in supply 

24 of fossil fuels; 


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1 (iii) improving the feasibility of 

2 microgrids or islanding, particularly in 

3 rural areas, including high energy cost 

4 rural areas; 

5 (iv) minimizing environmental impact, 

6 including regulated air pollutants and 

7 greenhouse gas emissions; and 

8 (v) maximizing local job creation. 

9 (4) GRANTS.—On application by an eligible en10 tity, the Secretary may award grants to the eligible 

11 entity to provide funds to cover not more than— 

12 (A) 100 percent of the costs of the initial 

13 assessment to identify opportunities; 

14 (B) 75 percent of the cost of feasibility 

15 studies to assess the potential for the imple16 mentation; 

17 (C) 60 percent of the cost of guidance on 

18 overcoming barriers to implementation, includ19 ing financial, contracting, siting, and permitting 

20 issues; and 

21 (D) 45 percent of the cost of detailed engi22 neering. 

23 (5) RULES AND PROCEDURES.— 

24 (A) RULES.—Not later than 180 days 

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1 retary shall adopt rules and procedures for car2 rying out the program. 

3 (B) GRANTS.—Not later than 120 days 

4 after the date of issuance of the rules and pro5 cedures for the program, the Secretary shall 

6 issue grants under this subsection. 

7 (6) REPORTS.—The Secretary shall submit to 

8 Congress and make available to the public— 

9 (A) not less frequently than once every 2 

10 years, a report describing the performance of 

11 the program under this subsection, including a 

12 synthesis and analysis of the information pro13 vided in the reports submitted to the Secretary 

14 under subsection (b)(4); and 

15 (B) on termination of the program under 

16 this subsection, an assessment of the success of, 

17 and education provided by, the measures car18 ried out by eligible entities during the term of 

19 the program. 

20 (7) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to carry out 

22 this subsection $250,000,000 for the period of fiscal 

23 years 2022 through 2026, to remain available until 

24 expended. 


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1 SEC. 33004. CLEAN ENERGY AND SUSTAINABILITY ACCEL2 ERATOR. 

3 Title XVI of the Energy Policy Act of 2005 (Public 

4 Law 109–58, as amended) is amended by adding at the 

5 end the following new subtitle: 

6 ‘‘Subtitle C—Clean Energy and 

7 Sustainability Accelerator 

8 ‘‘SEC. 1621. DEFINITIONS. 

9 ‘‘In this subtitle: 

10 ‘‘(1) ACCELERATOR.—The term ‘Accelerator’ 

11 means the Clean Energy and Sustainability Accel12 erator established under section 1622. 

13 ‘‘(2) BOARD.—The term ‘Board’ means the 

14 Board of Directors of the Accelerator. 

15 ‘‘(3) CHIEF EXECUTIVE OFFICER.—The term 

16 ‘chief executive officer’ means the chief executive of17 ficer of the Accelerator. 

18 ‘‘(4) CLIMATE-IMPACTED COMMUNITIES.—The 

19 term ‘climate-impacted communities’ includes— 

20 ‘‘(A) communities of color, which include 

21 any geographically distinct area the population 

22 of color of which is higher than the average 

23 population of color of the State in which the 

24 community is located; 


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1 ‘‘(B) communities that are already or are 

2 likely to be the first communities to feel the di3 rect negative effects of climate change; 

4 ‘‘(C) distressed neighborhoods, dem5 onstrated by indicators of need, including pov6 erty, childhood obesity rates, academic failure, 

7 and rates of juvenile delinquency, adjudication, 

8 or incarceration; 

9 ‘‘(D) low-income communities, defined as 

10 any census block group in which 30 percent or 

11 more of the population are individuals with low 

12 income; 

13 ‘‘(E) low-income households, defined as a 

14 household with annual income equal to, or less 

15 than, the greater of— 

16 ‘‘(i) an amount equal to 80 percent of 

17 the median income of the area in which the 

18 household is located, as reported by the 

19 Department of Housing and Urban Devel20 opment; and 

21 ‘‘(ii) 200 percent of the Federal pov22 erty line; 

23 ‘‘(F) Tribal communities; 

24 ‘‘(G) persistent poverty counties, defined 

25 as any county that has had a poverty rate of 20 


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1 percent or more for the past 30 years as meas2 ured by the 2000, 2010, and 2020 decennial 

3 censuses; 

4 ‘‘(H) communities disproportionately af5 fected by environmental pollution and other 

6 hazards that can lead to negative public health 

7 effects; and 

8 ‘‘(I) communities that are economically re9 liant on fossil fuel-based industries. 

10 ‘‘(5) CLIMATE RESILIENT INFRASTRUCTURE.— 

11 The term ‘climate resilient infrastructure’ means 

12 any project that builds or enhances infrastructure so 

13 that such infrastructure— 

14 ‘‘(A) is planned, designed, and operated in 

15 a way that anticipates, prepares for, and adapts 

16 to changing climate conditions; and 

17 ‘‘(B) can withstand, respond to, and re18 cover rapidly from disruptions caused by these 

19 climate conditions. 

20 ‘‘(6) ELECTRIFICATION.—The term ‘electrifica21 tion’ means the installation, construction, or use of 

22 end-use electric technology that replaces existing fos23 sil-fuel-based technology. 

24 ‘‘(7) ENERGY EFFICIENCY.—The term ‘energy 

25 efficiency’ means any project, technology, function, 


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1 or measure that results in the reduction of energy 

2 use required to achieve the same level of service or 

3 output prior to the application of such project, tech4 nology, function, or measure, or substantially re5 duces greenhouse gas emissions relative to emissions 

6 that would have occurred prior to the application of 

7 such project, technology, function, or measure. 

8 ‘‘(8) FUEL SWITCHING.—The term ‘fuel switch9 ing’ means any project that replaces a fossil-fuel10 based heating system with an electric-powered sys11 tem or one powered by biomass-generated heat. 

12 ‘‘(9) GREEN BANK.—The term ‘green bank’ 

13 means a dedicated public or nonprofit specialized fi14 nance entity that— 

15 ‘‘(A) is designed to drive private capital 

16 into market gaps for low- and zero-emission 

17 goods and services; 

18 ‘‘(B) uses finance tools to mitigate climate 

19 change; 

20 ‘‘(C) does not take deposits; 

21 ‘‘(D) is funded by government, public, pri22 vate, or charitable contributions; and 

23 ‘‘(E) invests or finances projects— 

24 ‘‘(i) alone; or 


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1 ‘‘(ii) in conjunction with other inves2 tors. 

3 ‘‘(10) QUALIFIED PROJECTS.—The term ‘quali4 fied projects’ means the following kinds of tech5 nologies and activities that are eligible for financing 

6 and investment from the Clean Energy and Sustain7 ability Accelerator, either directly or through State, 

8 Territorial, and local green banks funded by the 

9 Clean Energy and Sustainability Accelerator: 

10 ‘‘(A) Renewable energy generation, includ11 ing the following: 

12 ‘‘(i) Solar. 

13 ‘‘(ii) Wind. 

14 ‘‘(iii) Geothermal. 

15 ‘‘(iv) Hydropower. 

16 ‘‘(v) Ocean and hydrokinetic. 

17 ‘‘(vi) Fuel cell. 

18 ‘‘(B) Building energy efficiency, fuel 

19 switching, and electrification. 

20 ‘‘(C) Industrial decarbonization. 

21 ‘‘(D) Grid technology such as trans22 mission, distribution, and storage to support 

23 clean energy distribution, including smart-grid 

24 applications. 


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1 ‘‘(E) Agriculture and forestry projects that 

2 reduce net greenhouse gas emissions. 

3 ‘‘(F) Clean transportation, including the 

4 following: 

5 ‘‘(i) Battery electric vehicles. 

6 ‘‘(ii) Plug-in hybrid electric vehicles. 

7 ‘‘(iii) Hydrogen vehicles. 

8 ‘‘(iv) Other zero-emissions fueled vehi9 cles. 

10 ‘‘(v) Related vehicle charging and 

11 fueling infrastructure. 

12 ‘‘(G) Climate resilient infrastructure. 

13 ‘‘(H) Any other key areas identified by the 

14 Board as consistent with the mandate of the 

15 Accelerator as described in section 1623. 

16 ‘‘(11) RENEWABLE ENERGY GENERATION.— 

17 The term ‘renewable energy generation’ means elec18 tricity created by sources that are continually replen19 ished by nature, such as the sun, wind, and water. 

20 ‘‘SEC. 1622. ESTABLISHMENT. 

21 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this subtitle, there shall be estab23 lished a nonprofit corporation to be known as the Clean 

24 Energy and Sustainability Accelerator. 


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1 ‘‘(b) LIMITATION.—The Accelerator shall not be an 

2 agency or instrumentality of the Federal Government. 

3 ‘‘(c) FULL FAITH AND CREDIT.—The full faith and 

4 credit of the United States shall not extend to the Accel5 erator. 

6 ‘‘(d) NONPROFIT STATUS.—The Accelerator shall 

7 maintain its status as an organization exempt from tax8 ation under the Internal Revenue Code of 1986 (26 U.S.C. 

9 1 et seq.). 

10 ‘‘SEC. 1623. MANDATE. 

11 ‘‘The Accelerator shall make the United States a 

12 world leader in combating the causes and effects of climate 

13 change through the rapid deployment of mature tech14 nologies and scaling of new technologies by maximizing 

15 the reduction of emissions in the United States for every 

16 dollar deployed by the Accelerator, including by— 

17 ‘‘(1) providing financing support for invest18 ments in the United States in low- and zero-emis19 sions technologies and processes in order to rapidly 

20 accelerate market penetration; 

21 ‘‘(2) catalyzing and mobilizing private capital 

22 through Federal investment and supporting a more 

23 robust marketplace for clean technologies, while 

24 avoiding competition with private investment; 


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1 ‘‘(3) enabling climate-impacted communities to 

2 benefit from and afford projects and investments 

3 that reduce emissions; 

4 ‘‘(4) providing support for workers and commu5 nities impacted by the transition to a low-carbon 

6 economy; 

7 ‘‘(5) supporting the creation of green banks 

8 within the United States where green banks do not 

9 exist; and 

10 ‘‘(6) causing the rapid transition to a clean en11 ergy economy without raising energy costs to end 

12 users and seeking to lower costs where possible. 

13 ‘‘SEC. 1624. FINANCE AND INVESTMENT DIVISION. 

14 ‘‘(a) IN GENERAL.—There shall be within the Accel15 erator a finance and investment division, which shall be 

16 responsible for— 

17 ‘‘(1) the Accelerator’s greenhouse gas emissions 

18 mitigation efforts by directly financing qualifying 

19 projects or doing so indirectly by providing capital to 

20 State, Territorial, and local green banks; 

21 ‘‘(2) originating, evaluating, underwriting, and 

22 closing the Accelerator’s financing and investment 

23 transactions in qualified projects; 

24 ‘‘(3) partnering with private capital providers 

25 and capital markets to attract coinvestment from 


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1 private banks, investors, and others in order to drive 

2 new investment into underpenetrated markets, to in3 crease the efficiency of private capital markets with 

4 respect to investing in greenhouse gas reduction 

5 projects, and to increase total investment caused by 

6 the Accelerator; 

7 ‘‘(4) managing the Accelerator’s portfolio of as8 sets to ensure performance and monitor risk; 

9 ‘‘(5) ensuring appropriate debt and risk mitiga10 tion products are offered; and 

11 ‘‘(6) overseeing prudent, noncontrolling equity 

12 investments. 

13 ‘‘(b) PRODUCTS AND INVESTMENT TYPES.—The fi14 nance and investment division of the Accelerator may pro15 vide capital to qualified projects in the form of— 

16 ‘‘(1) senior, mezzanine, and subordinated debt; 

17 ‘‘(2) credit enhancements including loan loss re18 serves and loan guarantees; 

19 ‘‘(3) aggregation and warehousing; 

20 ‘‘(4) equity capital; and 

21 ‘‘(5) any other financial product approved by 

22 the Board. 

23 ‘‘(c) STATE, TERRITORIAL, AND LOCAL GREEN

24 BANK CAPITALIZATION.—The finance and investment di25 vision of the Accelerator shall make capital available to 


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1 State, Territorial, and local green banks to enable such 

2 banks to finance qualifying projects in their markets that 

3 are better served by a locally based entity, rather than 

4 through direct investment by the Accelerator. 

5 ‘‘(d) INVESTMENT COMMITTEE.—The debt, risk miti6 gation, and equity investments made by the Accelerator 

7 shall be— 

8 ‘‘(1) approved by the investment committee of 

9 the Board; and 

10 ‘‘(2) consistent with an investment policy that 

11 has been established by the investment committee of 

12 the Board in consultation with the risk management 

13 committee of the Board. 

14 ‘‘SEC. 1625. START-UP DIVISION. 

15 ‘‘There shall be within the Accelerator a Start-up Di16 vision, which shall be responsible for providing technical 

17 assistance and start-up funding to States and other polit18 ical subdivisions that do not have green banks to establish 

19 green banks in those States and political subdivisions, in20 cluding by working with relevant stakeholders in those 

21 States and political subdivisions. 

22 ‘‘SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRA23 STRUCTURE FINANCING PROGRAM. 

24 ‘‘Not later than 1 year after the date of establishment 

25 of the Accelerator, the Accelerator shall explore the estabVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 lishment of a program to provide low- and zero-interest 

2 loans, up to 30 years in length, to any school, metropolitan 

3 planning organization, or nonprofit organization seeking 

4 financing for the acquisition of zero-emissions vehicle 

5 fleets or associated infrastructure to support zero-emis6 sions vehicle fleets. 

7 ‘‘SEC. 1627. PROJECT PRIORITIZATION AND REQUIRE8 MENTS. 

9 ‘‘(a) EMISSIONS REDUCTION MANDATE.—In invest10 ing in projects that mitigate greenhouse gas emissions, the 

11 Accelerator shall maximize the reduction of emissions in 

12 the United States for every dollar deployed by the Accel13 erator. 

14 ‘‘(b) ENVIRONMENTAL JUSTICE PRIORITIZATION.— 

15 ‘‘(1) IN GENERAL.—In order to address envi16 ronmental justice needs, the Accelerator shall, as ap17 plicable, prioritize the provision of program benefits 

18 and investment activity that are expected to directly 

19 or indirectly result in the deployment of projects to 

20 serve, as a matter of official policy, climate-impacted 

21 communities. 

22 ‘‘(2) MINIMUM PERCENTAGE.—The Accelerator 

23 shall ensure that over the 30-year period of its char24 ter 40 percent of its investment activity is directed 

25 to serve climate-impacted communities. 


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1 ‘‘(c) CONSUMER PROTECTION.— 

2 ‘‘(1) PRIORITIZATION.—Consistent with the 

3 mandate under section 1623 to maximize the reduc4 tion of emissions in the United States for every dol5 lar deployed by the Accelerator, the Accelerator shall 

6 prioritize qualified projects according to benefits 

7 conferred on consumers and affected communities. 

8 ‘‘(2) CONSUMER CREDIT PROTECTION.—The 

9 Accelerator shall ensure that any residential energy 

10 efficiency or distributed clean energy project in 

11 which the Accelerator invests directly or indirectly 

12 complies with the requirements of the Consumer 

13 Credit Protection Act (15 U.S.C. 1601 et seq.), in14 cluding, in the case of a financial product that is a 

15 residential mortgage loan, any requirements of title 

16 I of that Act relating to residential mortgage loans 

17 (including any regulations promulgated by the Bu18 reau of Consumer Financial Protection under sec19 tion 129C(b)(3)(C) of that Act (15 U.S.C. 

20 1639c(b)(3)(C))). 

21 ‘‘(d) LABOR.— 

22 ‘‘(1) IN GENERAL.—The Accelerator shall en23 sure that laborers and mechanics employed by con24 tractors and subcontractors in construction work fi25 nanced directly by the Accelerator will be paid wages 


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1 not less than those prevailing on similar construction 

2 in the locality, as determined by the Secretary of 

3 Labor under sections 3141 through 3144, 3146, and 

4 3147 of title 40, United States Code. 

5 ‘‘(2) PROJECT LABOR AGREEMENT.—The Accel6 erator shall ensure that projects financed directly by 

7 the Accelerator with total capital costs of 

8 $100,000,000 or greater utilize a project labor 

9 agreement. 

10 ‘‘SEC. 1628. EXPLORATION OF ACCELERATED CLEAN EN11 ERGY TRANSITION PROGRAM. 

12 ‘‘Not later than 1 year after the date on which the 

13 Accelerator is established, the Board shall explore the es14 tablishment of an accelerated clean energy transition pro15 gram— 

16 ‘‘(1) to expedite the transition within the power 

17 sector to zero-emissions power generation facilities 

18 or assets; and 

19 ‘‘(2) to simultaneously invest in local economic 

20 development in communities affected by this transi21 tion away from carbon-intensive facilities or assets. 

22 ‘‘SEC. 1629. BOARD OF DIRECTORS. 

23 ‘‘(a) IN GENERAL.—The Accelerator shall operate 

24 under the direction of a Board of Directors, which shall 

25 be composed of 7 members. 


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1 ‘‘(b) INITIAL COMPOSITION AND TERMS.— 

2 ‘‘(1) SELECTION.—The initial members of the 

3 Board shall be selected as follows: 

4 ‘‘(A) APPOINTED MEMBERS.—Three mem5 bers shall be appointed by the President, with 

6 the advice and consent of the Senate, of whom 

7 no more than two shall belong to the same po8 litical party. 

9 ‘‘(B) ELECTED MEMBERS.—Four members 

10 shall be elected unanimously by the 3 members 

11 appointed and confirmed pursuant to subpara12 graph (A). 

13 ‘‘(2) TERMS.—The terms of the initial members 

14 of the Board shall be as follows: 

15 ‘‘(A) The 3 members appointed and con16 firmed under paragraph (1)(A) shall have initial 

17 5-year terms. 

18 ‘‘(B) Of the 4 members elected under 

19 paragraph (1)(B), 2 shall have initial 3-year 

20 terms, and 2 shall have initial 4-year terms. 

21 ‘‘(c) SUBSEQUENT COMPOSITION AND TERMS.— 

22 ‘‘(1) SELECTION.—Except for the selection of 

23 the initial members of the Board for their initial 

24 terms under subsection (b), the members of the 

25 Board shall be elected by the members of the Board. 


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1 ‘‘(2) DISQUALIFICATION.—A member of the 

2 Board shall be disqualified from voting for any posi3 tion on the Board for which such member is a can4 didate. 

5 ‘‘(3) TERMS.—All members elected pursuant to 

6 paragraph (1) shall have a term of 5 years. 

7 ‘‘(d) QUALIFICATIONS.—The members of the Board 

8 shall collectively have expertise in— 

9 ‘‘(1) the fields of clean energy, electric utilities, 

10 industrial decarbonization, clean transportation, re11 siliency, and agriculture and forestry practices; 

12 ‘‘(2) climate change science; 

13 ‘‘(3) finance and investments; and 

14 ‘‘(4) environmental justice and matters related 

15 to the energy and environmental needs of climate16 impacted communities. 

17 ‘‘(e) RESTRICTION ON MEMBERSHIP.—No officer or 

18 employee of the Federal or any other level of government 

19 may be appointed or elected as a member of the Board. 

20 ‘‘(f) QUORUM.—Five members of the Board shall 

21 constitute a quorum. 

22 ‘‘(g) BYLAWS.— 

23 ‘‘(1) IN GENERAL.—The Board shall adopt, and 

24 may amend, such bylaws as are necessary for the 


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1 proper management and functioning of the Accel2 erator. 

3 ‘‘(2) OFFICERS.—In the bylaws described in 

4 paragraph (1), the Board shall— 

5 ‘‘(A) designate the officers of the Accel6 erator; and 

7 ‘‘(B) prescribe the duties of those officers. 

8 ‘‘(h) VACANCIES.—Any vacancy on the Board shall 

9 be filled through election by the Board. 

10 ‘‘(i) INTERIM APPOINTMENTS.—A member elected to 

11 fill a vacancy occurring before the expiration of the term 

12 for which the predecessor of that member was appointed 

13 or elected shall serve for the remainder of the term for 

14 which the predecessor of that member was appointed or 

15 elected. 

16 ‘‘(j) REAPPOINTMENT.—A member of the Board may 

17 be elected for not more than 1 additional term of service 

18 as a member of the Board. 

19 ‘‘(k) CONTINUATION OF SERVICE.—A member of the 

20 Board whose term has expired may continue to serve on 

21 the Board until the date on which a successor member 

22 is elected. 

23 ‘‘(l) CHIEF EXECUTIVE OFFICER.—The Board shall 

24 appoint a chief executive officer who shall be responsible 

25 for— 


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1 ‘‘(1) hiring employees of the Accelerator; 

2 ‘‘(2) establishing the 2 divisions of the Accel3 erator described in sections 1624 and 1625; and 

4 ‘‘(3) performing any other tasks necessary for 

5 the day-to-day operations of the Accelerator. 

6 ‘‘(m) ADVISORY COMMITTEE.— 

7 ‘‘(1) ESTABLISHMENT.—The Accelerator shall 

8 establish an advisory committee (in this subsection 

9 referred to as the ‘advisory committee’), which shall 

10 be composed of not more than 13 members ap11 pointed by the Board on the recommendation of the 

12 president of the Accelerator. 

13 ‘‘(2) MEMBERS.—Members of the advisory com14 mittee shall be broadly representative of interests 

15 concerned with the environment, production, com16 merce, finance, agriculture, forestry, labor, services, 

17 and State Government. Of such members— 

18 ‘‘(A) not fewer than 3 shall be representa19 tives of the small business community; 

20 ‘‘(B) not fewer than 2 shall be representa21 tives of the labor community, except that no 2 

22 members may be from the same labor union; 

23 ‘‘(C) not fewer than 2 shall be representa24 tives of the environmental nongovernmental or25 ganization community, except that no 2 memVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 bers may be from the same environmental orga2 nization; 

3 ‘‘(D) not fewer than 2 shall be representa4 tives of the environmental justice nongovern5 mental organization community, except that no 

6 2 members may be from the same environ7 mental organization; 

8 ‘‘(E) not fewer than 2 shall be representa9 tives of the consumer protection and fair lend10 ing community, except that no 2 members may 

11 be from the same consumer protection or fair 

12 lending organization; and 

13 ‘‘(F) not fewer than 2 shall be representa14 tives of the financial services industry with 

15 knowledge of and experience in financing trans16 actions for clean energy and other sustainable 

17 infrastructure assets. 

18 ‘‘(3) MEETINGS.—The advisory committee shall 

19 meet not less frequently than once each quarter. 

20 ‘‘(4) DUTIES.—The advisory committee shall— 

21 ‘‘(A) advise the Accelerator on the pro22 grams undertaken by the Accelerator; and 

23 ‘‘(B) submit to the Congress an annual re24 port with comments from the advisory com25 mittee on the extent to which the Accelerator is 


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1 meeting the mandate described in section 1623, 

2 including any suggestions for improvement. 

3 ‘‘(n) CHIEF RISK OFFICER.— 

4 ‘‘(1) APPOINTMENT.—Subject to the approval 

5 of the Board, the chief executive officer shall appoint 

6 a chief risk officer from among individuals with ex7 perience at a senior level in financial risk manage8 ment, who— 

9 ‘‘(A) shall report directly to the Board; 

10 and 

11 ‘‘(B) shall be removable only by a majority 

12 vote of the Board. 

13 ‘‘(2) DUTIES.—The chief risk officer, in coordi14 nation with the risk management and audit commit15 tees established under section 1632, shall develop, 

16 implement, and manage a comprehensive process for 

17 identifying, assessing, monitoring, and limiting risks 

18 to the Accelerator, including the overall portfolio di19 versification of the Accelerator. 

20 ‘‘SEC. 1630. ADMINISTRATION. 

21 ‘‘(a) CAPITALIZATION.— 

22 ‘‘(1) IN GENERAL.—To the extent and in the 

23 amounts provided in advance in appropriations Acts, 

24 the Secretary of Energy shall transfer to the Accel25 erator— 


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1 ‘‘(A) $10,000,000,000 on the date on 

2 which the Accelerator is established under sec3 tion 1622; and 

4 ‘‘(B) $2,000,000,000 on October 1 of each 

5 of the 5 fiscal years following that date. 

6 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

7 For purposes of the transfers under paragraph (1), 

8 there are authorized to be appropriated— 

9 ‘‘(A) $10,000,000,000 for the fiscal year in 

10 which the Accelerator is established under sec11 tion 1622; and 

12 ‘‘(B) $2,000,000,000 for each of the 5 suc13 ceeding fiscal years. 

14 ‘‘(b) CHARTER.—The Accelerator shall establish a 

15 charter, the term of which shall be 30 years. 

16 ‘‘(c) USE OF FUNDS AND RECYCLING.—To the ex17 tent and in the amounts provided in advance in appropria18 tions Acts, the Accelerator— 

19 ‘‘(1) may use funds transferred pursuant to 

20 subsection (a)(1) to carry out this subtitle, including 

21 for operating expenses; and 

22 ‘‘(2) shall retain and manage all repayments 

23 and other revenue received under this subtitle from 

24 financing fees, interest, repaid loans, and other types 

25 of funding to carry out this subtitle, including for— 


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1 ‘‘(A) operating expenses; and 

2 ‘‘(B) recycling such payments and other 

3 revenue for future lending and capital deploy4 ment in accordance with this subtitle. 

5 ‘‘(d) REPORT.—The Accelerator shall submit on a 

6 quarterly basis to the relevant committees of Congress a 

7 report that describes the financial activities, emissions re8 ductions, and private capital mobilization metrics of the 

9 Accelerator for the previous quarter. 

10 ‘‘(e) RESTRICTION.—The Accelerator shall not accept 

11 deposits. 

12 ‘‘(f) COMMITTEES.—The Board shall establish com13 mittees and subcommittees, including— 

14 ‘‘(1) an investment committee; and 

15 ‘‘(2) in accordance with section 1631— 

16 ‘‘(A) a risk management committee; and 

17 ‘‘(B) an audit committee. 

18 ‘‘SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COM19 MITTEE AND AUDIT COMMITTEE. 

20 ‘‘(a) IN GENERAL.—To assist the Board in fulfilling 

21 the duties and responsibilities of the Board under this sub22 title, the Board shall establish a risk management com23 mittee and an audit committee. 

24 ‘‘(b) DUTIES AND RESPONSIBILITIES OF RISK MAN25 AGEMENT COMMITTEE.—Subject to the direction of the 


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1 Board, the risk management committee established under 

2 subsection (a) shall establish policies for and have over3 sight responsibility for— 

4 ‘‘(1) formulating the risk management policies 

5 of the operations of the Accelerator; 

6 ‘‘(2) reviewing and providing guidance on oper7 ation of the global risk management framework of 

8 the Accelerator; 

9 ‘‘(3) developing policies for— 

10 ‘‘(A) investment; 

11 ‘‘(B) enterprise risk management; 

12 ‘‘(C) monitoring; and 

13 ‘‘(D) management of strategic, 

14 reputational, regulatory, operational, develop15 mental, environmental, social, and financial 

16 risks; and 

17 ‘‘(4) developing the risk profile of the Accel18 erator, including— 

19 ‘‘(A) a risk management and compliance 

20 framework; and 

21 ‘‘(B) a governance structure to support 

22 that framework. 

23 ‘‘(c) DUTIES AND RESPONSIBILITIES OF AUDIT COM24 MITTEE.—Subject to the direction of the Board, the audit 


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1 committee established under subsection (a) shall have 

2 oversight responsibility for— 

3 ‘‘(1) the integrity of— 

4 ‘‘(A) the financial reporting of the Accel5 erator; and 

6 ‘‘(B) the systems of internal controls re7 garding finance and accounting; 

8 ‘‘(2) the integrity of the financial statements of 

9 the Accelerator; 

10 ‘‘(3) the performance of the internal audit func11 tion of the Accelerator; and 

12 ‘‘(4) compliance with the legal and regulatory 

13 requirements related to the finances of the Accel14 erator. 

15 ‘‘SEC. 1632. OVERSIGHT. 

16 ‘‘(a) EXTERNAL OVERSIGHT.—The inspector general 

17 of the Department of Energy shall have oversight respon18 sibilities over the Accelerator. 

19 ‘‘(b) REPORTS AND AUDIT.— 

20 ‘‘(1) ANNUAL REPORT.—The Accelerator shall 

21 publish an annual report which shall be transmitted 

22 by the Accelerator to the President and the Con23 gress. 

24 ‘‘(2) ANNUAL AUDIT OF ACCOUNTS.—The ac25 counts of the Accelerator shall be audited annually. 


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1 Such audits shall be conducted in accordance with 

2 generally accepted auditing standards by inde3 pendent certified public accountants who are cer4 tified by a regulatory authority of the jurisdiction in 

5 which the audit is undertaken. 

6 ‘‘(3) ADDITIONAL AUDITS.—In addition to the 

7 annual audits under paragraph (2), the financial 

8 transactions of the Accelerator for any fiscal year 

9 during which Federal funds are available to finance 

10 any portion of its operations may be audited by the 

11 Government Accountability Office in accordance with 

12 such rules and regulations as may be prescribed by 

13 the Comptroller General of the United States.’’. 

14 SEC. 33005. DAM SAFETY. 

15 (a) DAM SAFETY CONDITIONS.—Section 10 of the 

16 Federal Power Act (16 U.S.C. 803) is amended by adding 

17 at the end the following: 

18 ‘‘(k) That the dam and other project works meet the 

19 Commission’s dam safety requirements and that the li20 censee shall continue to manage, operate, and maintain 

21 the dam and other project works in a manner that ensures 

22 dam safety and public safety under the operating condi23 tions of the license.’’. 


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1 (b) DAM SAFETY REQUIREMENTS.—Section 15 of 

2 the Federal Power Act (16 U.S.C. 808) is amended by 

3 adding at the end the following: 

4 ‘‘(g) The Commission may issue a new license under 

5 this section only if the Commission determines that the 

6 dam and other project works covered by the license meet 

7 the Commission’s dam safety requirements and that the 

8 licensee can continue to manage, operate, and maintain 

9 the dam and other project works in a manner that ensures 

10 dam safety and public safety under the operating condi11 tions of the new license.’’. 

12 (c) VIABILITY PROCEDURES.—The Federal Energy 

13 Regulatory Commission shall establish procedures to as14 sess the financial viability of an applicant for a license 

15 under the Federal Power Act to meet applicable dam safe16 ty requirements and to operate the dam and project works 

17 under the license. 

18 (d) FERC DAM SAFETY TECHNICAL CONFERENCE

19 WITH STATES.— 

20 (1) TECHNICAL CONFERENCE.—Not later than 

21 April 1, 2022, the Federal Energy Regulatory Com22 mission, acting through the Office of Energy 

23 Projects, shall hold a technical conference with the 

24 States to discuss and provide information on— 

25 (A) dam maintenance and repair; 


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1 (B) Risk Informed Decision Making 

2 (RIDM); 

3 (C) climate and hydrological regional 

4 changes that may affect the structural integrity 

5 of dams; and 

6 (D) high hazard dams. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this subsection $1,000,000 for fiscal year 2022. 

10 (3) STATE DEFINED.—In this subsection, the 

11 term ‘‘State’’ has the meaning given such term in 

12 section 3 of the Federal Power Act (16 U.S.C. 796). 

13 (e) REQUIRED DAM SAFETY COMMUNICATIONS BE14 TWEEN FERC AND STATES.— 

15 (1) IN GENERAL.—The Commission, acting 

16 through the Office of Energy Projects, shall notify 

17 a State within which a project is located when— 

18 (A) the Commission issues a finding, fol19 lowing a dam safety inspection, that requires 

20 the licensee for such project to take actions to 

21 repair the dam and other project works that are 

22 the subject of such finding; 

23 (B) after a period of 5 years starting on 

24 the date a finding under subparagraph (A) is 

25 issued, the licensee has failed to take actions to 


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1 repair the dam and other project works, as re2 quired by such finding; and 

3 (C) the Commission initiates a non-compli4 ance proceeding or otherwise takes steps to re5 voke a license issued under section 4 of the 

6 Federal Power Act (16 U.S.C. 797) due to the 

7 failure of a licensee to take actions to repair a 

8 dam and other project works. 

9 (2) NOTICE UPON REVOCATION, SURRENDER, 

10 OR IMPLIED SURRENDER OF A LICENSE.—If the 

11 Commission issues an order to revoke a license or 

12 approve the surrender or implied surrender of a li13 cense under the Federal Power Act (16 U.S.C. 792 

14 et seq.), the Commission shall provide to the State 

15 within which the project that relates to such license 

16 is located— 

17 (A) all records pertaining to the structure 

18 and operation of the applicable dam and other 

19 project works, including, as applicable, any dam 

20 safety inspection reports by independent con21 sultants, specifications for required repairs or 

22 maintenance of such dam and other project 

23 works that have not been completed, and esti24 mates of the costs for such repairs or mainte25 nance; 


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1 (B) all records documenting the history of 

2 maintenance or repair work for the applicable 

3 dam and other project works; 

4 (C) information on the age of the dam and 

5 other project works and the hazard classifica6 tion of the dam and other project works; 

7 (D) the most recent assessment of the con8 dition of the dam and other project works by 

9 the Commission; 

10 (E) as applicable, the most recent hydro11 logic information used to determine the poten12 tial maximum flood for the dam and other 

13 project works; and 

14 (F) the results of the most recent risk as15 sessment completed on the dam and other 

16 project works. 

17 (3) DEFINITION.—In this subsection: 

18 (A) COMMISSION.—The term ‘‘Commis19 sion’’ means the Federal Energy Regulatory 

20 Commission. 

21 (B) LICENSEE.—The term ‘‘licensee’’ has 

22 the meaning given such term in section 3 of the 

23 Federal Power Act (16 U.S.C. 796). 


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1 (C) PROJECT.—The term ‘‘project’’ has 

2 the meaning given such term in section 3 of the 

3 Federal Power Act (16 U.S.C. 796). 

4 Subtitle D—Smart Communities 

5 Infrastructure 

6 PART 1—SMART COMMUNITIES 

7 SEC. 34101. 3C ENERGY PROGRAM. 

8 (a) ESTABLISHMENT.—The Secretary of Energy 

9 shall establish a program to be known as the Cities, Coun10 ties, and Communities Energy Program (or the 3C Energy 

11 Program) to provide technical assistance and competitively 

12 awarded grants to local governments, public housing au13 thorities, nonprofit organizations, and other entities the 

14 Secretary determines to be eligible, to incorporate clean 

15 energy into community development and revitalization ef16 forts. 

17 (b) BEST PRACTICE MODELS.—The Secretary of En18 ergy shall— 

19 (1) provide a recipient of technical assistance or 

20 a grant under the program established under sub21 section (a) with best practice models that are used 

22 in jurisdictions of similar size and situation; and 

23 (2) assist such recipient in developing and im24 plementing strategies to achieve its clean energy 

25 technology goals. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $50,000,000 for each of fiscal years 2022 through 2026. 

4 SEC. 34102. FEDERAL TECHNOLOGY ASSISTANCE. 

5 (a) SMART CITY OR COMMUNITY ASSISTANCE PILOT

6 PROGRAM.— 

7 (1) IN GENERAL.—The Secretary of Energy 

8 shall develop and implement a pilot program under 

9 which the Secretary shall contract with the national 

10 laboratories to provide technical assistance to cities 

11 and communities, to improve the access of such cit12 ies and communities to expertise, competencies, and 

13 infrastructure of the national laboratories for the 

14 purpose of promoting smart city or community tech15 nologies. 

16 (2) PARTNERSHIPS.—In carrying out the pro17 gram under this subsection, the Secretary of Energy 

18 shall prioritize assistance for cities and communities 

19 that have partnered with small business concerns. 

20 (b) TECHNOLOGIST IN RESIDENCE PILOT PRO21 GRAM.— 

22 (1) IN GENERAL.—The Secretary of Energy 

23 shall expand the Technologist in Residence pilot pro24 gram of the Department of Energy to include part25 nerships between national laboratories and local govVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 ernments with respect to research and development 

2 relating to smart cities and communities. 

3 (2) REQUIREMENTS.—For purposes of the part4 nerships entered into under paragraph (1), tech5 nologists in residence shall work with an assigned 

6 unit of local government to develop an assessment of 

7 smart city or community technologies available and 

8 appropriate to meet the objectives of the city or 

9 community, in consultation with private sector enti10 ties implementing smart city or community tech11 nologies. 

12 (c) GUIDANCE.—The Secretary of Energy, in con13 sultation with the Secretary of Commerce, shall issue 

14 guidance with respect to— 

15 (1) the scope of the programs established and 

16 implemented under subsections (a) and (b); and 

17 (2) requests for proposals from local govern18 ments interested in participating in such programs. 

19 (d) CONSIDERATIONS.—In establishing and imple20 menting the programs under subsections (a) and (b), the 

21 Secretary of Energy shall seek to address the needs of 

22 small- and medium-sized cities. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 

25 $20,000,000 for each of fiscal years 2022 through 2026. 


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1 SEC. 34103. TECHNOLOGY DEMONSTRATION GRANT PRO2 GRAM. 

3 (a) IN GENERAL.—The Secretary of Commerce shall 

4 establish a smart city or community regional demonstra5 tion grant program under which the Secretary shall con6 duct demonstration projects focused on advanced smart 

7 city or community technologies and systems in a variety 

8 of communities, including small- and medium-sized cities. 

9 (b) GOALS.—The goals of the program established 

10 under subsection (a) are— 

11 (1) to demonstrate— 

12 (A) potential benefits of concentrated in13 vestments in smart city or community tech14 nologies relating to public safety that are re15 peatable and scalable; and 

16 (B) the efficiency, reliability, and resilience 

17 of civic infrastructure and services; 

18 (2) to facilitate the adoption of advanced smart 

19 city or community technologies and systems; and 

20 (3) to demonstrate protocols and standards that 

21 allow for the measurement and validation of the cost 

22 savings and performance improvements associated 

23 with the installation and use of smart city or com24 munity technologies and practices. 

25 (c) DEMONSTRATION PROJECTS.— 


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1 (1) ELIGIBILITY.—Subject to paragraph (2), a 

2 unit of local government shall be eligible to receive 

3 a grant for a demonstration project under this sec4 tion. 

5 (2) COOPERATION.—To qualify for a dem6 onstration project under this section, a unit of local 

7 government shall agree to follow applicable best 

8 practices identified by the Secretary of Commerce 

9 and the Secretary of Energy, in consultation with in10 dustry entities, to evaluate the effectiveness of the 

11 implemented smart city or community technologies 

12 to ensure that— 

13 (A) technologies and interoperability can 

14 be assessed; 

15 (B) best practices can be shared; and 

16 (C) data can be shared in a public, inter17 operable, and transparent format. 

18 (3) FEDERAL SHARE OF COST OF TECHNOLOGY

19 INVESTMENTS.—The Secretary of Commerce— 

20 (A) subject to subparagraph (B), shall pro21 vide to a unit of local government selected 

22 under this section for the conduct of a dem23 onstration project a grant in an amount equal 

24 to not more than 50 percent of the total cost 

25 of technology investments to incorporate and 


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1 assess smart city or community technologies in 

2 the applicable jurisdiction; but 

3 (B) may waive the cost-share requirement 

4 of subparagraph (A) as the Secretary deter5 mines to be appropriate. 

6 (d) REQUIREMENT.—In conducting demonstration 

7 projects under this section, the Secretary shall— 

8 (1) develop competitive, technology-neutral re9 quirements; 

10 (2) seek to leverage ongoing or existing civic in11 frastructure investments; and 

12 (3) take into consideration the non-Federal cost 

13 share as a competitive criterion in applicant selec14 tion in order to leverage non-Federal investment. 

15 (e) PUBLIC AVAILABILITY OF DATA AND RE16 PORTS.—The Secretary of Commerce shall ensure that re17 ports, public data sets, schematics, diagrams, and other 

18 works created using a grant provided under this section 

19 are— 

20 (1) available on a royalty-free, non-exclusive 

21 basis; and 

22 (2) open to the public to reproduce, publish, or 

23 otherwise use, without cost. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out subsection 


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1 (c) $100,000,000 for each of fiscal years 2022 through 

2 2026. 

3 SEC. 34104. SMART CITY OR COMMUNITY. 

4 (a) IN GENERAL.—In this subpart, the term ‘‘smart 

5 city or community’’ means a community in which innova6 tive, advanced, and trustworthy information and commu7 nication technologies and related mechanisms are ap8 plied— 

9 (1) to improve the quality of life for residents; 

10 (2) to increase the efficiency and cost effective11 ness of civic operations and services; 

12 (3) to promote economic growth; and 

13 (4) to create a community that is safer and 

14 more secure, sustainable, resilient, livable, and work15 able. 

16 (b) INCLUSIONS.—The term ‘‘smart city or commu17 nity’’ includes a local jurisdiction that— 

18 (1) gathers and incorporates data from sys19 tems, devices, and sensors embedded in civic systems 

20 and infrastructure to improve the effectiveness and 

21 efficiency of civic operations and services; 

22 (2) aggregates and analyzes gathered data; 

23 (3) communicates the analysis and data in a va24 riety of formats; 


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1 (4) makes corresponding improvements to civic 

2 systems and services based on gathered data; and 

3 (5) integrates measures— 

4 (A) to ensure the resilience of civic systems 

5 against cybersecurity threats and physical and 

6 social vulnerabilities and breaches; 

7 (B) to protect the private data of resi8 dents; and 

9 (C) to measure the impact of smart city or 

10 community technologies on the effectiveness and 

11 efficiency of civic operations and services. 

12 PART 2—CLEAN CITIES COALITION PROGRAM 

13 SEC. 34201. CLEAN CITIES COALITION PROGRAM. 

14 (a) IN GENERAL.—The Secretary shall carry out a 

15 program to be known as the Clean Cities Coalition Pro16 gram. 

17 (b) PROGRAM ELEMENTS.—In carrying out the pro18 gram under subsection (a), the Secretary shall— 

19 (1) establish criteria for designating local and 

20 regional Clean Cities Coalitions; 

21 (2) designate local and regional Clean Cities 

22 Coalitions that the Secretary determines meet the 

23 criteria established under paragraph (1); 


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1 (3) make awards to each designated Clean Cit2 ies Coalition for administrative and program ex3 penses of the coalition; 

4 (4) make competitive awards to designated 

5 Clean Cities Coalitions for projects and activities de6 scribed in subsection (c); 

7 (5) provide technical assistance and training to 

8 designated Clean Cities Coalitions; 

9 (6) provide opportunities for communication 

10 and sharing of best practices among designated 

11 Clean Cities Coalitions; and 

12 (7) maintain, and make available to the public, 

13 a centralized database of information included in the 

14 reports submitted under subsection (d). 

15 (c) PROJECTS AND ACTIVITIES.—Projects and activi16 ties eligible for awards under subsection (b)(4) are 

17 projects and activities that reduce petroleum consumption, 

18 improve air quality, promote energy and economic secu19 rity, and encourage deployment of a diverse, domestic sup20 ply of alternative fuels in the transportation sector by— 

21 (1) encouraging the purchase and use of alter22 native fuel vehicles and alternative fuels, including 

23 by fleet managers; 


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1 (2) expediting the establishment of local, re2 gional, and national infrastructure to fuel alternative 

3 fuel vehicles; 

4 (3) advancing the use of other petroleum fuel 

5 reduction technologies and strategies; 

6 (4) conducting outreach and education activities 

7 to advance the use of alternative fuels and alter8 native fuel vehicles; 

9 (5) providing training and technical assistance 

10 and tools to users that adopt petroleum fuel reduc11 tion technologies; or 

12 (6) collaborating with and training officials and 

13 first responders with responsibility for permitting 

14 and enforcing fire, building, and other safety codes 

15 related to the deployment and use of alternative 

16 fuels or alternative fuel vehicles. 

17 (d) ANNUAL REPORT.—Each designated Clean Cities 

18 Coalition shall submit an annual report to the Secretary 

19 on the activities and accomplishments of the coalition. 

20 (e) DEFINITIONS.—In this section: 

21 (1) ALTERNATIVE FUEL.—The term ‘‘alter22 native fuel’’ has the meaning given such term in sec23 tion 32901 of title 49, United States Code. 

24 (2) ALTERNATIVE FUEL VEHICLE.—The term 

25 ‘‘alternative fuel vehicle’’ means any vehicle that is 


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1 capable of operating, partially or exclusively, on an 

2 alternative fuel. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Energy. 

5 (f) FUNDING.— 

6 (1) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to carry out 

8 this section— 

9 (A) $50,000,000 for fiscal year 2022; 

10 (B) $60,000,000 for fiscal year 2023; 

11 (C) $75,000,000 for fiscal year 2024; 

12 (D) $90,000,000 for fiscal year 2025; and 

13 (E) $100,000,000 for fiscal year 2026. 

14 (2) ALLOCATIONS.—The Secretary shall allo15 cate funds made available to carry out this section 

16 in each fiscal year as follows: 

17 (A) 30 percent of such funds shall be dis18 tributed as awards under subsection (b)(3). 

19 (B) 50 percent of such funds shall be dis20 tributed as competitive awards under subsection 

21 (b)(4). 

22 (C) 20 percent of such funds shall be used 

23 to carry out the duties of the Secretary under 

24 this section. 


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1 PART 3—VEHICLE INFRASTRUCTURE 

2 Subpart A—Electric Vehicle Infrastructure 

3 SEC. 34311. DEFINITIONS. 

4 In this part: 

5 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 

6 The term ‘‘electric vehicle supply equipment’’ means 

7 any conductors, including ungrounded, grounded, 

8 and equipment grounding conductors, electric vehicle 

9 connectors, attachment plugs, and all other fittings, 

10 devices, power outlets, or apparatuses installed spe11 cifically for the purpose of delivering energy to an 

12 electric vehicle. 

13 (2) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Energy. 

15 (3) UNDERSERVED OR DISADVANTAGED COM16 MUNITY.—The term ‘‘underserved or disadvantaged 

17 community’’ means— 

18 (A) a community located in a ZIP code 

19 that includes a census tract that is identified 

20 as— 

21 (i) a low-income community; or 

22 (ii) a community of color; 

23 (B) a community in which climate change, 

24 pollution, or environmental destruction have ex25 acerbated systemic racial, regional, social, envi26 ronmental, and economic injustices by disVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 proportionately affecting indigenous peoples, 

2 communities of color, migrant communities, 

3 deindustrialized communities, depopulated rural 

4 communities, the poor, low-income workers, 

5 women, the elderly, the unhoused, people with 

6 disabilities, or youth; or 

7 (C) any other community that the Sec8 retary determines is disproportionately vulner9 able to, or bears a disproportionate burden of, 

10 any combination of economic, social, and envi11 ronmental stressors. 

12 SEC. 34312. ELECTRIC VEHICLE SUPPLY EQUIPMENT RE13 BATE PROGRAM. 

14 (a) REBATE PROGRAM.—Not later than January 1, 

15 2022, the Secretary shall establish a rebate program to 

16 provide rebates for covered expenses associated with pub17 licly accessible electric vehicle supply equipment (in this 

18 section referred to as the ‘‘rebate program’’). 

19 (b) REBATE PROGRAM REQUIREMENTS.— 

20 (1) ELIGIBLE ENTITIES.—A rebate under the 

21 rebate program may be made to an individual, a 

22 State, local, Tribal, or Territorial government, a pri23 vate entity, a not-for-profit entity, a nonprofit entity, 

24 or a metropolitan planning organization. 

25 (2) ELIGIBLE EQUIPMENT.— 


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1 (A) IN GENERAL.—Not later than 180 

2 days after the date of the enactment of this 

3 Act, the Secretary shall publish and maintain 

4 on the Department of Energy internet website 

5 a list of electric vehicle supply equipment that 

6 is eligible for the rebate program. 

7 (B) UPDATES.—The Secretary may, by 

8 regulation, add to, or otherwise revise, the list 

9 of electric vehicle supply equipment under sub10 paragraph (A) if the Secretary determines that 

11 such addition or revision will likely lead to— 

12 (i) greater usage of electric vehicle 

13 supply equipment; 

14 (ii) greater access to electric vehicle 

15 supply equipment by users; or 

16 (iii) an improved experience for users 

17 of electric vehicle supply equipment, in18 cluding accessibility in compliance with the 

19 Americans with Disabilities Act of 1990 

20 (42 U.S.C. 12101 et seq.). 

21 (C) LOCATION REQUIREMENT.—To be eli22 gible for the rebate program, the electric vehicle 

23 supply equipment described in subparagraph 

24 (A) shall be installed— 

25 (i) in the United States; 


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1 (ii) on property— 

2 (I) owned by the eligible entity 

3 under paragraph (1); or 

4 (II) on which the eligible entity 

5 under paragraph (1) has authority to 

6 install electric vehicle supply equip7 ment; and 

8 (iii) at a location that is— 

9 (I) a multi-unit housing struc10 ture; 

11 (II) a workplace; 

12 (III) a commercial location; or 

13 (IV) open to the public for a 

14 minimum of 12 hours per day; 

15 (3) APPLICATION.— 

16 (A) IN GENERAL.—An eligible entity under 

17 paragraph (1) may submit to the Secretary an 

18 application for a rebate under the rebate pro19 gram. Such application shall include— 

20 (i) the estimated cost of covered ex21 penses to be expended on the electric vehi22 cle supply equipment that is eligible under 

23 paragraph (2); 


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1 (ii) the estimated installation cost of 

2 the electric vehicle supply equipment that 

3 is eligible under paragraph (2); 

4 (iii) the global positioning system lo5 cation, including the integer number of de6 grees, minutes, and seconds, where such 

7 electric vehicle supply equipment is to be 

8 installed, and identification of whether 

9 such location is— 

10 (I) a multi-unit housing struc11 ture; 

12 (II) a workplace; 

13 (III) a commercial location; or 

14 (IV) open to the public for a 

15 minimum of 12 hours per day; 

16 (iv) the technical specifications of 

17 such electric vehicle supply equipment, in18 cluding the maximum power voltage and 

19 amperage of such equipment; 

20 (v) an identification of any existing 

21 electric vehicle supply equipment that— 

22 (I) is available to the public for a 

23 minimum of 12 hours per day; and 

24 (II) is not further than 50 miles 

25 from the global positioning system loVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 cation identified under clause (iii); 

2 and 

3 (vi) any other information determined 

4 by the Secretary to be necessary for a com5 plete application. 

6 (B) REVIEW PROCESS.—The Secretary 

7 shall review an application for a rebate under 

8 the rebate program and approve an eligible en9 tity under paragraph (1) to receive such rebate 

10 if the application meets the requirements of the 

11 rebate program under this subsection. 

12 (C) NOTIFICATION TO ELIGIBLE ENTITY.— 

13 Not later than 1 year after the date on which 

14 the eligible entity under paragraph (1) applies 

15 for a rebate under the rebate program, the Sec16 retary shall notify the eligible entity whether 

17 the eligible entity will be awarded a rebate 

18 under the rebate program following the submis19 sion of additional materials required under 

20 paragraph (5). 

21 (4) REBATE AMOUNT.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the amount of a rebate made 

24 under the rebate program for each charging 

25 unit shall be the lesser of— 


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1 (i) 75 percent of the applicable cov2 ered expenses; 

3 (ii) $2,000 for covered expenses asso4 ciated with the purchase and installation of 

5 non-networked level 2 charging equipment; 

6 (iii) $4,000 for covered expenses asso7 ciated with the purchase and installation of 

8 networked level 2 charging equipment; or 

9 (iv) $100,000 for covered expenses as10 sociated with the purchase and installation 

11 of networked direct current fast charging 

12 equipment. 

13 (B) REBATE AMOUNT FOR REPLACEMENT

14 EQUIPMENT.—A rebate made under the rebate 

15 program for replacement of pre-existing electric 

16 vehicle supply equipment at a single location 

17 shall be the lesser of— 

18 (i) 75 percent of the applicable cov19 ered expenses; 

20 (ii) $1,000 for covered expenses asso21 ciated with the purchase and installation of 

22 non-networked level 2 charging equipment; 

23 (iii) $2,000 for covered expenses asso24 ciated with the purchase and installation of 

25 networked level 2 charging equipment; or 


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1 (iv) $25,000 for covered expenses as2 sociated with the purchase and installation 

3 of networked direct current fast charging 

4 equipment. 

5 (5) DISBURSEMENT OF REBATE.— 

6 (A) IN GENERAL.—The Secretary shall 

7 disburse a rebate under the rebate program to 

8 an eligible entity under paragraph (1), following 

9 approval of an application under paragraph (3), 

10 if such entity submits the materials required 

11 under subparagraph (B). 

12 (B) MATERIALS REQUIRED FOR DISBURSE13 MENT OF REBATE.—Not later than one year 

14 after the date on which the eligible entity under 

15 paragraph (1) receives notice under paragraph 

16 (3)(C) that the eligible entity has been ap17 proved for a rebate, such eligible entity shall 

18 submit to the Secretary the following— 

19 (i) a record of payment for covered 

20 expenses expended on the installation of 

21 the electric vehicle supply equipment that 

22 is eligible under paragraph (2); 

23 (ii) a record of payment for the elec24 tric vehicle supply equipment that is eligi25 ble under paragraph (2); 


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1 (iii) the global positioning system lo2 cation of where such electric vehicle supply 

3 equipment was installed and identification 

4 of whether such location is— 

5 (I) a multi-unit housing struc6 ture; 

7 (II) a workplace; 

8 (III) a commercial location; or 

9 (IV) open to the public for a 

10 minimum of 12 hours per day; 

11 (iv) the technical specifications of the 

12 electric vehicle supply equipment that is el13 igible under paragraph (2), including the 

14 maximum power voltage and amperage of 

15 such equipment; and 

16 (v) any other information determined 

17 by the Secretary to be necessary. 

18 (C) AGREEMENT TO MAINTAIN.—To be eli19 gible for a rebate under the rebate program, an 

20 eligible entity under paragraph (1) shall enter 

21 into an agreement with the Secretary to main22 tain the electric vehicle supply equipment that 

23 is eligible under paragraph (2) in a satisfactory 

24 manner for not less than 5 years after the date 


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1 on which the eligible entity under paragraph (1) 

2 receives the rebate under the rebate program. 

3 (D) EXCEPTION.—The Secretary shall not 

4 disburse a rebate under the rebate program if 

5 materials submitted under subparagraph (B) do 

6 not meet the same global positioning system lo7 cation and technical specifications for the elec8 tric vehicle supply equipment that is eligible 

9 under paragraph (2) provided in an application 

10 under paragraph (3). 

11 (6) MULTI-PORT CHARGERS.—An eligible entity 

12 under paragraph (1) shall be awarded a rebate 

13 under the rebate program for covered expenses relat14 ing to the purchase and installation of a multi-port 

15 charger based on the number of publicly accessible 

16 charging ports, with each subsequent port after the 

17 first port being eligible for 50 percent of the full re18 bate amount. 

19 (7) NETWORKED DIRECT CURRENT FAST

20 CHARGING.—Of amounts appropriated to carry out 

21 the rebate program, not more than 40 percent may 

22 be used for rebates of networked direct current fast 

23 charging equipment. 

24 (8) HYDROGEN FUEL CELL REFUELING INFRA25 STRUCTURE.—Hydrogen refueling equipment shall 


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1 be eligible for a rebate under the rebate program as 

2 though it were networked direct current fast charg3 ing equipment. All requirements related to public ac4 cessibility of installed locations shall apply. 

5 (9) REPORT.—Not later than 3 years after the 

6 first date on which the Secretary awards a rebate 

7 under the rebate program, the Secretary shall sub8 mit to the Committee on Energy and Commerce of 

9 the House of Representatives and the Committee on 

10 Energy and Natural Resources of the Senate a re11 port of the number of rebates awarded for electric 

12 vehicle supply equipment and hydrogen fuel cell re13 fueling equipment in each of the location categories 

14 described in paragraph (2)(C)(iii). 

15 (c) DEFINITIONS.—In this section: 

16 (1) COVERED EXPENSES.—The term ‘‘covered 

17 expenses’’ means an expense that is associated with 

18 the purchase and installation of electric vehicle sup19 ply equipment, including— 

20 (A) the cost of electric vehicle supply 

21 equipment; 

22 (B) labor costs associated with the installa23 tion of such electric vehicle supply equipment, 

24 only if wages for such labor are paid at rates 

25 not less than those prevailing on similar labor 


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1 in the locality of installation, as determined by 

2 the Secretary of Labor under subchapter IV of 

3 chapter 31 of title 40, United States Code 

4 (commonly referred to as the ‘‘Davis-Bacon 

5 Act’’); 

6 (C) material costs associated with the in7 stallation of such electric vehicle supply equip8 ment, including expenses involving electrical 

9 equipment and necessary upgrades or modifica10 tions to the electrical grid and associated infra11 structure required for the installation of such 

12 electric vehicle supply equipment; 

13 (D) permit costs associated with the instal14 lation of such electric vehicle supply equipment; 

15 and 

16 (E) the cost of an on-site energy storage 

17 system. 

18 (2) ELECTRIC VEHICLE.—The term ‘‘electric 

19 vehicle’’ means a vehicle that derives all or part of 

20 its power from electricity. 

21 (3) MULTI-PORT CHARGER.—The term ‘‘multi22 port charger’’ means electric vehicle supply equip23 ment capable of charging more than one electric ve24 hicle. 


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1 (4) LEVEL 2 CHARGING EQUIPMENT.—The 

2 term ‘‘level 2 charging equipment’’ means electric 

3 vehicle supply equipment that provides an alter4 nating current power source at a minimum of 208 

5 volts. 

6 (5) NETWORKED DIRECT CURRENT FAST

7 CHARGING EQUIPMENT.—The term ‘‘networked di8 rect current fast charging equipment’’ means electric 

9 vehicle supply equipment that provides a direct cur10 rent power source at a minimum of 50 kilowatts and 

11 is enabled to connect to a network to facilitate data 

12 collection and access. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $100,000,000 for each of fiscal years 2022 through 2026. 

16 SEC. 34313. MODEL BUILDING CODE FOR ELECTRIC VEHI17 CLE SUPPLY EQUIPMENT. 

18 (a) REVIEW.—The Secretary shall review proposed or 

19 final model building codes for— 

20 (1) integrating electric vehicle supply equipment 

21 into residential and commercial buildings that in22 clude space for individual vehicle or fleet vehicle 

23 parking; and 

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1 tric vehicle batteries to be used for electric storage) 

2 into residential and commercial buildings. 

3 (b) TECHNICAL ASSISTANCE.—The Secretary shall 

4 provide technical assistance to stakeholders representing 

5 the building construction industry, manufacturers of elec6 tric vehicles and electric vehicle supply equipment, State 

7 and local governments, and any other persons with rel8 evant expertise or interests to facilitate understanding of 

9 the model code and best practices for adoption by jurisdic10 tions. 

11 SEC. 34314. ELECTRIC VEHICLE SUPPLY EQUIPMENT CO12 ORDINATION. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of enactment of this Act, the Secretary, acting 

15 through the Assistant Secretary of the Office of Electricity 

16 Delivery and Energy Reliability (including the Smart Grid 

17 Task Force), shall convene a group to assess progress in 

18 the development of standards necessary to— 

19 (1) support the expanded deployment of electric 

20 vehicle supply equipment; 

21 (2) develop an electric vehicle charging network 

22 to provide reliable charging for electric vehicles na23 tionwide, taking into consideration range anxiety 

24 and the location of charging infrastructure to ensure 


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1 an electric vehicle can travel throughout the United 

2 States without losing a charge; and 

3 (3) ensure the development of such network will 

4 not compromise the stability and reliability of the 

5 electric grid. 

6 (b) REPORT TO CONGRESS.—Not later than 1 year 

7 after the date of enactment of this Act, the Secretary shall 

8 provide to the Committee on Energy and Commerce of the 

9 House of Representatives and to the Committee on En10 ergy and Natural Resources of the Senate a report con11 taining the results of the assessment carried out under 

12 subsection (a) and recommendations to overcome any bar13 riers to standards development or adoption identified by 

14 the group convened under such subsection. 

15 SEC. 34315. STATE CONSIDERATION OF ELECTRIC VEHICLE 

16 CHARGING. 

17 (a) CONSIDERATION AND DETERMINATION RESPECT18 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 

19 of the Public Utility Regulatory Policies Act of 1978 (16 

20 U.S.C. 2621(d)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(20) ELECTRIC VEHICLE CHARGING PRO23 GRAMS.— 


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1 ‘‘(A) IN GENERAL.—Each State shall con2 sider measures to promote greater electrifica3 tion of the transportation sector, including— 

4 ‘‘(i) authorizing measures to stimulate 

5 investment in and deployment of electric 

6 vehicle supply equipment and to foster the 

7 market for electric vehicle charging; 

8 ‘‘(ii) authorizing each electric utility 

9 of the State to recover from ratepayers any 

10 capital, operating expenditure, or other 

11 costs of the electric utility relating to load 

12 management, programs, or investments as13 sociated with the integration of electric ve14 hicle supply equipment into the grid; and 

15 ‘‘(iii) allowing a person or agency that 

16 owns and operates an electric vehicle 

17 charging facility for the sole purpose of re18 charging an electric vehicle battery to be 

19 excluded from regulation as an electric 

20 utility pursuant to section 3(4) when mak21 ing electricity sales from the use of the 

22 electric vehicle charging facility, if such 

23 sales are the only sales of electricity made 

24 by the person or agency. 


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1 ‘‘(B) DEFINITION.—For purposes of this 

2 paragraph, the term ‘electric vehicle supply 

3 equipment’ means conductors, including 

4 ungrounded, grounded, and equipment ground5 ing conductors, electric vehicle connectors, at6 tachment plugs, and all other fittings, devices, 

7 power outlets, or apparatuses installed specifi8 cally for the purpose of delivering energy to an 

9 electric vehicle.’’. 

10 (b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 

11 (1) TIME LIMITATIONS.—Section 112(b) of the 

12 Public Utility Regulatory Policies Act of 1978 (16 

13 U.S.C. 2622(b)) is amended by adding at the end 

14 the following: 

15 ‘‘(7)(A) Not later than 1 year after the date of 

16 enactment of this paragraph, each State regulatory 

17 authority (with respect to each electric utility for 

18 which it has ratemaking authority) and each non19 regulated electric utility shall commence the consid20 eration referred to in section 111, or set a hearing 

21 date for consideration, with respect to the standards 

22 established by paragraph (20) of section 111(d). 

23 ‘‘(B) Not later than 2 years after the date of 

24 the enactment of this paragraph, each State regu25 latory authority (with respect to each electric utility 


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1 for which it has ratemaking authority), and each 

2 nonregulated electric utility, shall complete the con3 sideration, and shall make the determination, re4 ferred to in section 111 with respect to each stand5 ard established by paragraph (20) of section 

6 111(d).’’. 

7 (2) FAILURE TO COMPLY.—Section 112(c) of 

8 the Public Utility Regulatory Policies Act of 1978 

9 (16 U.S.C. 2622(c)) is amended by adding at the 

10 end the following: ‘‘In the case of the standard es11 tablished by paragraph (20) of section 111(d), the 

12 reference contained in this subsection to the date of 

13 enactment of this Act shall be deemed to be a ref14 erence to the date of enactment of that paragraph.’’. 

15 (3) PRIOR STATE ACTIONS.—Section 112 of the 

16 Public Utility Regulatory Policies Act of 1978 (16 

17 U.S.C. 2622) is amended by adding at the end the 

18 following: 

19 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

20 (c) of this section shall not apply to the standard estab21 lished by paragraph (20) of section 111(d) in the case of 

22 any electric utility in a State if, before the enactment of 

23 this subsection— 

24 ‘‘(1) the State has implemented for such utility 

25 the standard concerned (or a comparable standard); 


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1 ‘‘(2) the State regulatory authority for such 

2 State or relevant nonregulated electric utility has 

3 conducted a proceeding to consider implementation 

4 of the standard concerned (or a comparable stand5 ard) for such utility; 

6 ‘‘(3) the State legislature has voted on the im7 plementation of such standard (or a comparable 

8 standard) for such utility; or 

9 ‘‘(4) the State has taken action to implement 

10 incentives or other steps to strongly encourage the 

11 deployment of electric vehicles.’’. 

12 (4) PRIOR AND PENDING PROCEEDINGS.—Sec13 tion 124 of the Public Utility Regulatory Policies 

14 Act of 1978 (16 U.S.C. 2634) is amended is amend15 ed by adding at the end the following: ‘‘In the case 

16 of the standard established by paragraph (20) of 

17 section 111(d), the reference contained in this sec18 tion to the date of the enactment of this Act shall 

19 be deemed to be a reference to the date of enact20 ment of such paragraph (20).’’. 

21 SEC. 34316. STATE ENERGY PLANS. 

22 (a) STATE ENERGY CONSERVATION PLANS.—Section 

23 362(d) of the Energy Policy and Conservation Act (42 

24 U.S.C. 6322(d)) is amended— 


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1 (1) in paragraph (16), by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) by redesignating paragraph (17) as para4 graph (18); and 

5 (3) by inserting after paragraph (16) the fol6 lowing: 

7 ‘‘(17) a State energy transportation plan devel8 oped in accordance with section 367; and’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 365(f) of the Energy Policy and Conservation Act (42 

11 U.S.C. 6325(f)) is amended to read as follows: 

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

13 ‘‘(1) STATE ENERGY CONSERVATION PLANS.— 

14 For the purpose of carrying out this part, there are 

15 authorized to be appropriated $100,000,000 for each 

16 of fiscal years 2022 through 2026. 

17 ‘‘(2) STATE ENERGY TRANSPORTATION

18 PLANS.—In addition to the amounts authorized 

19 under paragraph (1), for the purpose of carrying out 

20 section 367, there are authorized to be appropriated 

21 $25,000,000 for each of fiscal years 2022 through 

22 2026.’’. 

23 (c) STATE ENERGY TRANSPORTATION PLANS.— 

24 (1) IN GENERAL.—Part D of title III of the 

25 Energy Policy and Conservation Act (42 U.S.C. 


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1 6321 et seq.) is further amended by adding at the 

2 end the following: 

3 ‘‘SEC. 367. STATE ENERGY TRANSPORTATION PLANS. 

4 ‘‘(a) IN GENERAL.—The Secretary may provide fi5 nancial assistance to a State to develop a State energy 

6 transportation plan, for inclusion in a State energy con7 servation plan under section 362(d), to promote the elec8 trification of the transportation system, reduced consump9 tion of fossil fuels, and improved air quality. 

10 ‘‘(b) DEVELOPMENT.—A State developing a State en11 ergy transportation plan under this section shall carry out 

12 this activity through the State energy office that is respon13 sible for developing the State energy conservation plan 

14 under section 362. 

15 ‘‘(c) CONTENTS.—A State developing a State energy 

16 transportation plan under this section shall include in such 

17 plan a plan to— 

18 ‘‘(1) deploy a network of electric vehicle supply 

19 equipment to ensure access to electricity for electric 

20 vehicles, including commercial vehicles, to an extent 

21 that such electric vehicles can travel throughout the 

22 State without running out of a charge; and 

23 ‘‘(2) promote modernization of the electric grid, 

24 including through the use of renewable energy 

25 sources to power the electric grid, to accommodate 


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1 demand for power to operate electric vehicle supply 

2 equipment and to utilize energy storage capacity 

3 provided by electric vehicles, including commercial 

4 vehicles. 

5 ‘‘(d) COORDINATION.—In developing a State energy 

6 transportation plan under this section, a State shall co7 ordinate, as appropriate, with— 

8 ‘‘(1) State regulatory authorities (as defined in 

9 section 3 of the Public Utility Regulatory Policies 

10 Act of 1978 (16 U.S.C. 2602)); 

11 ‘‘(2) electric utilities; 

12 ‘‘(3) regional transmission organizations or 

13 independent system operators; 

14 ‘‘(4) private entities that provide electric vehicle 

15 charging services; 

16 ‘‘(5) State transportation agencies, metropoli17 tan planning organizations, and local governments; 

18 ‘‘(6) electric vehicle manufacturers; 

19 ‘‘(7) public and private entities that manage ve20 hicle fleets; and 

21 ‘‘(8) public and private entities that manage 

22 ports, airports, or other transportation hubs. 

23 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

24 Governor of a State, the Secretary shall provide informa25 tion and technical assistance in the development, impleVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 mentation, or revision of a State energy transportation 

2 plan. 

3 ‘‘(f) ELECTRIC VEHICLE SUPPLY EQUIPMENT DE4 FINED.—For purposes of this section, the term ‘electric 

5 vehicle supply equipment’ means conductors, including 

6 ungrounded, grounded, and equipment grounding conduc7 tors, electric vehicle connectors, attachment plugs, and all 

8 other fittings, devices, power outlets, or apparatuses in9 stalled specifically for the purpose of delivering energy to 

10 an electric vehicle.’’. 

11 (2) CONFORMING AMENDMENT.—The table of 

12 sections for part D of title III of the Energy Policy 

13 and Conservation Act is further amended by adding 

14 at the end the following: 

‘‘Sec. 367. State energy security plans.’’. 

15 SEC. 34317. TRANSPORTATION ELECTRIFICATION. 

16 Section 131 of the Energy Independence and Security 

17 Act of 2007 (42 U.S.C. 17011) is amended— 

18 (1) in subsection (a)(6)— 

19 (A) in subparagraph (A), by inserting ‘‘, 

20 including ground support equipment at ports’’ 

21 before the semicolon; 

22 (B) in subparagraph (E), by inserting 

23 ‘‘and vehicles’’ before the semicolon; 

24 (C) in subparagraph (H), by striking 

25 ‘‘and’’ at the end; 


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1 (D) in subparagraph (I)— 

2 (i) by striking ‘‘battery chargers,’’; 

3 and 

4 (ii) by striking the period at the end 

5 and inserting a semicolon; and 

6 (E) by adding at the end the following: 

7 ‘‘(J) installation of electric vehicle supply 

8 equipment for recharging plug-in electric drive 

9 vehicles, including such equipment that is acces10 sible in rural and urban areas and in under11 served or disadvantaged communities and such 

12 equipment for medium- and heavy-duty vehicles, 

13 including at depots and in-route locations; 

14 ‘‘(K) multi-use charging hubs used for 

15 multiple forms of transportation; 

16 ‘‘(L) medium- and heavy-duty vehicle 

17 smart charging management and refueling; 

18 ‘‘(M) battery recycling and secondary use, 

19 including for medium- and heavy-duty vehicles; 

20 and 

21 ‘‘(N) sharing of best practices, and tech22 nical assistance provided by the Department to 

23 public utilities commissions and utilities, for 

24 medium- and heavy-duty vehicle electrifica25 tion.’’; 


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1 (2) in subsection (b)— 

2 (A) in paragraph (3)(A)(ii), by inserting ‘‘, 

3 components for such vehicles, and charging 

4 equipment for such vehicles’’ after ‘‘vehicles’’; 

5 and 

6 (B) in paragraph (6), by striking 

7 ‘‘$90,000,000 for each of fiscal years 2008 

8 through 2012’’ and inserting ‘‘$2,000,000,000 

9 for each of fiscal years 2022 through 2026’’; 

10 (3) in subsection (c)— 

11 (A) in the header, by striking ‘‘NEAR12 TERM’’ and inserting ‘‘LARGE-SCALE’’; and 

13 (B) in paragraph (4), by striking 

14 ‘‘$95,000,000 for each of fiscal years 2008 

15 through 2013’’ and inserting ‘‘$2,500,000,000 

16 for each of fiscal years 2022 through 2026’’; 

17 and 

18 (4) by redesignating subsection (d) as sub19 section (e) and inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) PRIORITY.—In providing grants under sub22 sections (b) and (c), the Secretary shall give priority con23 sideration to applications that contain a written assurance 

24 that all laborers and mechanics employed by contractors 

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1 pair that is financed, in whole or in part, by a grant pro2 vided under this section shall be paid wages at rates not 

3 less than those prevailing on similar construction in the 

4 locality, as determined by the Secretary of Labor in ac5 cordance with sections 3141 through 3144, 3146, and 

6 3147 of title 40, United States Code (and the Secretary 

7 of Labor shall, with respect to the labor standards de8 scribed in this clause, have the authority and functions 

9 set forth in Reorganization Plan Numbered 14 of 1950 

10 (5 U.S.C. App.) and section 3145 of title 40, United 

11 States Code).’’. 

12 SEC. 34318. FEDERAL FLEETS. 

13 (a) MINIMUM FEDERAL FLEET REQUIREMENT.— 

14 Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 

15 13212) is amended— 

16 (1) in subsection (a), by adding at the end the 

17 following: 

18 ‘‘(3) The Secretary, in consultation with the Adminis19 trator of General Services, shall ensure that in acquiring 

20 medium- and heavy-duty vehicles for a Federal fleet, a 

21 Federal entity shall acquire zero emission vehicles to the 

22 maximum extent feasible.’’; 

23 (2) by striking subsection (b) and inserting the 

24 following: 

25 ‘‘(b) PERCENTAGE REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) LIGHT-DUTY VEHICLES.—Beginning 

3 in fiscal year 2025, 100 percent of the total 

4 number of light-duty vehicles acquired by a 

5 Federal entity for a Federal fleet shall be alter6 native fueled vehicles, of which— 

7 ‘‘(i) at least 50 percent shall be zero 

8 emission vehicles or plug-in hybrids in fis9 cal years 2025 through 2034; 

10 ‘‘(ii) at least 75 percent shall be zero 

11 emission vehicles or plug-in hybrids in fis12 cal years 2035 through 2049; and 

13 ‘‘(iii) 100 percent shall be zero emis14 sion vehicles in fiscal year 2050 and there15 after. 

16 ‘‘(B) MEDIUM- AND HEAVY-DUTY VEHI17 CLES.—The following percentages of the total 

18 number of medium- and heavy-duty vehicles ac19 quired by a Federal entity for a Federal fleet 

20 shall be alternative fueled vehicles: 

21 ‘‘(i) At least 20 percent in fiscal years 

22 2025 through 2029. 

23 ‘‘(ii) At least 30 percent in fiscal 

24 years 2030 through 2039. 


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1 ‘‘(iii) At least 40 percent in fiscal 

2 years 2040 through 2049. 

3 ‘‘(iv) At least 50 percent in fiscal year 

4 2050 and thereafter. 

5 ‘‘(2) EXCEPTION.—The Secretary, in consulta6 tion with the Administrator of General Services 

7 where appropriate, may permit a Federal entity to 

8 acquire for a Federal fleet a smaller percentage than 

9 is required in paragraph (1) for a fiscal year, so long 

10 as the aggregate percentage acquired for each class 

11 of vehicle for all Federal fleets in the fiscal year is 

12 at least equal to the required percentage. 

13 ‘‘(3) DEFINITIONS.—In this subsection: 

14 ‘‘(A) FEDERAL FLEET.—The term ‘Fed15 eral fleet’ means a fleet of vehicles that are cen16 trally fueled or capable of being centrally fueled 

17 and are owned, operated, leased, or otherwise 

18 controlled by or assigned to any Federal execu19 tive department, military department, Govern20 ment corporation, independent establishment, 

21 or executive agency, the United States Postal 

22 Service, the Congress, the courts of the United 

23 States, or the Executive Office of the President. 

24 Such term does not include— 


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1 ‘‘(i) motor vehicles held for lease or 

2 rental to the general public; 

3 ‘‘(ii) motor vehicles used for motor ve4 hicle manufacturer product evaluations or 

5 tests; 

6 ‘‘(iii) law enforcement vehicles; 

7 ‘‘(iv) emergency vehicles; or 

8 ‘‘(v) motor vehicles acquired and used 

9 for military purposes that the Secretary of 

10 Defense has certified to the Secretary must 

11 be exempt for national security reasons. 

12 ‘‘(B) FLEET.—The term ‘fleet’ means— 

13 ‘‘(i) 20 or more light-duty vehicles, lo14 cated in a metropolitan statistical area or 

15 consolidated metropolitan statistical area, 

16 as established by the Bureau of the Cen17 sus, with a 1980 population of more than 

18 250,000; or 

19 ‘‘(ii) 10 or more medium- or heavy20 duty vehicles, located at a Federal facility 

21 or located in a metropolitan statistical area 

22 or consolidated metropolitan statistical 

23 area, as established by the Bureau of the 

24 Census, with a 1980 population of more 

25 than 250,000.’’; and 


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1 (3) in subsection (f)(2)(B)— 

2 (A) by striking ‘‘, either’’; and 

3 (B) in clause (i), by striking ‘‘or’’ and in4 serting ‘‘and’’. 

5 (b) FEDERAL FLEET CONSERVATION REQUIRE6 MENTS.—Section 400FF(a) of the Energy Policy and 

7 Conservation Act (42 U.S.C. 6374e) is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘18 months after the date 

10 of enactment of this section’’ and inserting ‘‘12 

11 months after the date of enactment of the 

12 Leading Infrastructure For Tomorrow’s Amer13 ica Act’’; 

14 (B) by striking ‘‘2010’’ and inserting 

15 ‘‘2022’’; and 

16 (C) by striking ‘‘and increase alternative 

17 fuel consumption’’ and inserting ‘‘, increase al18 ternative fuel consumption, and reduce vehicle 

19 greenhouse gas emissions’’; and 

20 (2) by striking paragraph (2) and inserting the 

21 following: 

22 ‘‘(2) GOALS.—The goals of the requirements 

23 under paragraph (1) are that each Federal agency 

24 shall— 


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1 ‘‘(A) reduce fleet-wide per-mile greenhouse 

2 gas emissions from agency fleet vehicles, rel3 ative to a baseline of emissions in 2015, by— 

4 ‘‘(i) not less than 30 percent by the 

5 end of fiscal year 2025; 

6 ‘‘(ii) not less than 50 percent by the 

7 end of fiscal year 2030; and 

8 ‘‘(iii) 100 percent by the end of fiscal 

9 year 2050; and 

10 ‘‘(B) increase the annual percentage of al11 ternative fuel consumption by agency fleet vehi12 cles as a proportion of total annual fuel con13 sumption by Federal fleet vehicles, to achieve— 

14 ‘‘(i) 25 percent of total annual fuel 

15 consumption that is alternative fuel by the 

16 end of fiscal year 2025; 

17 ‘‘(ii) 50 percent of total annual fuel 

18 consumption that is alternative fuel by the 

19 end of fiscal year 2035; and 

20 ‘‘(iii) at least 85 percent of total an21 nual fuel consumption that is alternative 

22 fuel by the end of fiscal year 2050.’’. 


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1 Subpart B—Electric Vehicles for Underserved 

2 Communities 

3 SEC. 34321. EXPANDING ACCESS TO ELECTRIC VEHICLES IN 

4 UNDERSERVED AND DISADVANTAGED COM5 MUNITIES. 

6 (a) IN GENERAL.— 

7 (1) ASSESSMENT.—The Secretary shall conduct 

8 an assessment of the state of, challenges to, and op9 portunities for the deployment of electric vehicle 

10 charging infrastructure in underserved or disadvan11 taged communities located throughout the United 

12 States. 

13 (2) REPORT.—Not later than 1 year after the 

14 date of the enactment of this Act, the Secretary 

15 shall submit to the Committee on Energy and Com16 merce of the House of Representatives and the Com17 mittee on Energy and Natural Resources of the Sen18 ate a report on the results of the assessment con19 ducted under paragraph (1), which shall— 

20 (A) describe the state of deployment of 

21 electric vehicle charging infrastructure in un22 derserved or disadvantaged communities located 

23 in urban, suburban, and rural areas, including 

24 description of— 

25 (i) the state of deployment of electric 

26 vehicle charging infrastructure that is— 


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1 (I) publicly accessible; 

2 (II) installed in or available to 

3 occupants of public and affordable 

4 housing; 

5 (III) installed in or available to 

6 occupants of multi-unit dwellings; 

7 (IV) available to public sector 

8 and commercial fleets; and 

9 (V) installed in or available at 

10 places of work; 

11 (ii) policies, plans, and programs that 

12 cities, States, utilities, and private entities 

13 are using to encourage greater deployment 

14 and usage of electric vehicles and the asso15 ciated electric vehicle charging infrastruc16 ture, including programs to encourage de17 ployment of publicly accessible electric ve18 hicle charging stations and electric vehicle 

19 charging stations available to residents in 

20 publicly owned and privately owned multi21 unit dwellings; 

22 (iii) ownership models for Level 2 

23 charging stations and DC FAST charging 

24 stations located in residential multi-unit 


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1 dwellings, commercial buildings, and pub2 licly accessible areas; 

3 (iv) mechanisms for financing electric 

4 vehicle charging stations; and 

5 (v) rates charged for the use of Level 

6 2 charging stations and DC FAST charg7 ing stations; 

8 (B) identify current barriers to expanding 

9 deployment of electric vehicle charging infra10 structure in underserved or disadvantaged com11 munities in urban, suburban, and rural areas, 

12 including barriers to expanding deployment of 

13 publicly accessible electric vehicle charging in14 frastructure; 

15 (C) identify the potential for, and barriers 

16 to, recruiting and entering into contracts with 

17 locally owned small and disadvantaged busi18 nesses, including women and minority-owned 

19 businesses, to deploy electric vehicle charging 

20 infrastructure in underserved or disadvantaged 

21 communities in urban, suburban, and rural 

22 areas; 

23 (D) compile and provide an analysis of 

24 best practices and policies used by State and 

25 local governments, nonprofit organizations, and 


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1 private entities to increase deployment of elec2 tric vehicle charging infrastructure in under3 served or disadvantaged communities in urban, 

4 suburban, and rural areas, including best prac5 tices and policies relating to— 

6 (i) public outreach and engagement; 

7 (ii) increasing deployment of publicly 

8 accessible electric vehicle charging infra9 structure; and 

10 (iii) increasing deployment of electric 

11 vehicle charging infrastructure in publicly 

12 owned and privately owned multi-unit 

13 dwellings; 

14 (E) to the extent practicable, enumerate 

15 and identify in urban, suburban, and rural 

16 areas within each State with detail at the level 

17 of ZIP Codes and census tracts— 

18 (i) the number of existing and 

19 planned publicly accessible Level 2 charg20 ing stations and DC FAST charging sta21 tions for individually owned light-duty and 

22 medium-duty electric vehicles; 

23 (ii) the number of existing and 

24 planned Level 2 charging stations and DC 

25 FAST charging stations for public sector 


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1 and commercial fleet electric vehicles and 

2 medium- and heavy-duty electric vehicles; 

3 and 

4 (iii) the number and type of electric 

5 vehicle charging stations installed in or 

6 available to occupants of public and afford7 able housing; and 

8 (F) describe the methodology used to ob9 tain the information provided in the report. 

10 (b) FIVE-YEAR UPDATE ASSESSMENT.—Not later 

11 than 5 years after the date of the enactment of this Act, 

12 the Secretary shall— 

13 (1) update the assessment conducted under 

14 subsection (a)(1); and 

15 (2) make public and submit to the Committee 

16 on Energy and Commerce of the House of Rep17 resentatives and the Committee on Energy and Nat18 ural Resources of the Senate a report, which shall— 

19 (A) update the information required by 

20 subsection (a)(2); and 

21 (B) include a description of case studies 

22 and key lessons learned after the date on which 

23 the report under subsection (a)(2) was sub24 mitted with respect to expanding the deploy25 ment of electric vehicle charging infrastructure 


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1 in underserved or disadvantaged communities in 

2 urban, suburban, and rural areas. 

3 SEC. 34322. ENSURING PROGRAM BENEFITS FOR UNDER4 SERVED AND DISADVANTAGED COMMU5 NITIES. 

6 In administering a relevant program, the Secretary 

7 shall, to the extent practicable, invest or direct available 

8 and relevant programmatic resources so that such pro9 gram— 

10 (1) promotes electric vehicle charging infra11 structure; 

12 (2) supports clean and multi-modal transpor13 tation; 

14 (3) provides improved air quality and emissions 

15 reductions; and 

16 (4) prioritizes the needs of underserved or dis17 advantaged communities. 

18 SEC. 34323. DEFINITIONS. 

19 In this part: 

20 (1) ELECTRIC VEHICLE CHARGING INFRA21 STRUCTURE.—The term ‘‘electric vehicle charging 

22 infrastructure’’ means electric vehicle supply equip23 ment, including any conductors, electric vehicle con24 nectors, attachment plugs, and all other fittings, de25 vices, power outlets, or apparatuses installed specifiVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 cally for the purposes of delivering energy to an elec2 tric vehicle. 

3 (2) PUBLICLY ACCESSIBLE.—The term ‘‘pub4 licly accessible’’ means, with respect to electric vehi5 cle charging infrastructure, electric vehicle charging 

6 infrastructure that is available, at zero or reasonable 

7 cost, to members of the public for the purpose of 

8 charging a privately owned or leased electric vehicle, 

9 or electric vehicle that is available for use by mem10 bers of the general public as part of a ride service 

11 or vehicle sharing service or program, including 

12 within or around— 

13 (A) public sidewalks and streets; 

14 (B) public parks; 

15 (C) public buildings, including— 

16 (i) libraries; 

17 (ii) schools; and 

18 (iii) government offices; 

19 (D) public parking; 

20 (E) shopping centers; and 

21 (F) commuter transit hubs. 

22 (3) RELEVANT PROGRAM.—The term ‘‘relevant 

23 program’’ means a program of the Department of 

24 Energy, including— 


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1 (A) the State energy program under part 

2 D of title III the Energy Policy and Conserva3 tion Act (42 U.S.C. 6321 et seq.); 

4 (B) the Clean Cities program; 

5 (C) the Energy Efficiency and Conserva6 tion Block Grant Program established under 

7 section 542 of the Energy Independence and 

8 Security Act of 2007 (42 U.S.C. 17152); 

9 (D) loan guarantees made pursuant to title 

10 XVII of the Energy Policy Act of 2005 (42 

11 U.S.C. 16511 et seq.); and 

12 (E) such other programs as the Secretary 

13 determines appropriate. 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Energy. 

16 (5) UNDERSERVED OR DISADVANTAGED COM17 MUNITY.—The term ‘‘underserved or disadvantaged 

18 community’’ means a community located within a 

19 ZIP Code or census tract that is identified as— 

20 (A) a low-income community; 

21 (B) a community of color; 

22 (C) a Tribal community; 

23 (D) having a disproportionately low num24 ber of electric vehicle charging stations per cap25 ita, compared to similar areas; or 


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1 (E) any other community that the Sec2 retary determines is disproportionately vulner3 able to, or bears a disproportionate burden of, 

4 any combination of economic, social, environ5 mental, and climate stressors. 

6 Subpart C—Port Electrification and Decarbonization 

7 SEC. 34331. DEFINITIONS. 

8 For purposes of this subtitle: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (2) ALTERNATIVE EMISSIONS CONTROL TECH13 NOLOGY.—The term ‘‘alternative emissions control 

14 technology’’ means any technology, technique, or 

15 measure that— 

16 (A) captures the emissions of nitrogen 

17 oxide, particulate matter, reactive organic com18 pounds, and greenhouse gases from the auxil19 iary engine and auxiliary boiler of an ocean20 going vessel at berth; 

21 (B) is verified or approved by a State or 

22 Federal air quality regulatory agency; and 

23 (C) the use of which achieves at least the 

24 equivalent reduction of such emissions as the 


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1 use of shore power for an ocean-going vessel at 

2 berth. 

3 (3) CARGO-HANDLING EQUIPMENT.—The term 

4 ‘‘cargo-handling equipment’’ includes— 

5 (A) ship-to-shore container cranes and 

6 other cranes; 

7 (B) container-handling equipment; and 

8 (C) equipment for moving or handling 

9 cargo, including trucks, reachstackers, 

10 toploaders, and forklifts. 

11 (4) CRITERIA POLLUTANT.—The term ‘‘criteria 

12 pollutant’’ means any air pollutant for which a na13 tional ambient air quality standard is in effect under 

14 section 109 of the Clean Air Act (42 U.S.C. 7409). 

15 (5) DISTRIBUTED ENERGY SYSTEM.— 

16 (A) IN GENERAL.—The term ‘‘distributed 

17 energy system’’ means any energy system 

18 that— 

19 (i) is located on or near a customer 

20 site; 

21 (ii) is operated on the customer side 

22 of the electric meter; and 

23 (iii) is interconnected with the electric 

24 grid. 


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1 (B) INCLUSIONS.—The term ‘‘distributed 

2 energy system’’ includes— 

3 (i) clean electricity generation; 

4 (ii) energy efficiency; 

5 (iii) energy demand management; 

6 (iv) an energy storage system; and 

7 (v) a microgrid. 

8 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means— 

10 (A) a port authority; 

11 (B) a State, regional, local, or Tribal agen12 cy that has jurisdiction over a port authority or 

13 a port; 

14 (C) an air pollution control district or air 

15 quality management district; or 

16 (D) a private entity (including any non17 profit organization) that— 

18 (i) applies for a grant under this sec19 tion in partnership with an entity de20 scribed in subparagraph (A), (B), or (C); 

21 and 

22 (ii) owns, operates, or uses the facili23 ties, cargo-handling equipment, transpor24 tation equipment, or related technology of 

25 a port. 


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1 (7) ENERGY STORAGE SYSTEM.—The term ‘‘en2 ergy storage system’’ means any system, equipment, 

3 facility, or technology that— 

4 (A) is capable of storing energy for a pe5 riod of time and dispatching the stored energy; 

6 and 

7 (B) uses a mechanical, electrical, chemical, 

8 electrochemical, or thermal process to store en9 ergy that— 

10 (i) was generated at an earlier time 

11 for use at a later time; or 

12 (ii) was generated from a mechanical 

13 process, and would otherwise be wasted, 

14 for use at a later time. 

15 (8) ENVIRONMENTAL JUSTICE COMMUNITY.— 

16 The term ‘‘environmental justice community’’ means 

17 any population of color, community of color, indige18 nous community, or low-income community that ex19 periences a disproportionate burden of the negative 

20 human health and environmental impacts of pollu21 tion or other environmental hazards. 

22 (9) FULLY AUTOMATED CARGO-HANDLING

23 EQUIPMENT.—The term ‘‘fully automated cargo24 handling equipment’’ means cargo-handling equip25 ment that does not require the exercise of human 


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1 intervention or control to operate or monitor, 

2 through either direct or remote means. 

3 (10) HARBOR VESSEL.—The term ‘‘harbor ves4 sel’’ means a ship, boat, lighter, or maritime vessel 

5 designed for service at and around a harbor or port. 

6 (11) NONATTAINMENT AREA.—The term ‘‘non7 attainment area’’ has the meaning given such term 

8 in section 171 of the Clean Air Act (42 U.S.C. 

9 7501). 

10 (12) PORT.—The term ‘‘port’’ means any mari11 time port or inland port. 

12 (13) PORT AUTHORITY.—The term ‘‘port au13 thority’’ means a governmental or quasi14 governmental authority formed by a legislative body 

15 to operate a port. 

16 (14) QUALIFIED CLIMATE ACTION PLAN.—The 

17 term ‘‘qualified climate action plan’’ means a de18 tailed and strategic plan that— 

19 (A) establishes goals for an eligible entity 

20 to reduce emissions at one or more ports of— 

21 (i) greenhouse gases; 

22 (ii) criteria pollutants, and precursors 

23 thereof; and 

24 (iii) hazardous air pollutants; 


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1 (B) describes how an eligible entity will im2 plement measures at one or more ports to meet 

3 the goals established in subparagraph (A); 

4 (C) describes how an eligible entity has im5 plemented or will implement measures to in6 crease the resilience of the port or ports in7 volved, including measures related to with8 standing and recovering from extreme weather 

9 events; 

10 (D) describes how an eligible entity will 

11 implement emissions accounting and inventory 

12 practices to— 

13 (i) determine baseline greenhouse gas 

14 emissions at a port; and 

15 (ii) measure the progress of the eligi16 ble entity in reducing such emissions; 

17 (E) demonstrates how implementation of 

18 the proposed measures will not result in a net 

19 loss of jobs at the port or ports involved; and 

20 (F) includes a strategy to— 

21 (i) collaborate with stakeholders that 

22 may be affected by implementation of the 

23 plan, including local environmental justice 

24 communities and other near-port commu25 nities; 


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1 (ii) address the potential, cumulative, 

2 community-level effects on stakeholders of 

3 implementing the plan; and 

4 (iii) provide effective, advance commu5 nication to stakeholders to avoid and mini6 mize conflicts. 

7 (15) SHORE POWER.—The term ‘‘shore power’’ 

8 means the provision of shoreside electrical power to 

9 a ship at berth that has shut down main and auxil10 iary engines. 

11 (16) ZERO-EMISSIONS PORT EQUIPMENT AND

12 TECHNOLOGY.—The term ‘‘zero-emissions port 

13 equipment and technology’’— 

14 (A) means any equipment, technology, or 

15 measure that— 

16 (i) is used at a port; and 

17 (ii)(I) produces zero exhaust emissions 

18 of— 

19 (aa) any criteria pollutant and 

20 precursor thereof; and 

21 (bb) any greenhouse gas, other 

22 than water vapor; or 

23 (II) captures 100 percent of the ex24 haust emissions produced by an ocean25 going vessel at berth; and 


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1 (B) includes any equipment, technology, or 

2 measure described in subparagraph (A) that 

3 is— 

4 (i) cargo-handling equipment; 

5 (ii) a harbor vessel; 

6 (iii) shore power; 

7 (iv) electrical charging infrastructure; 

8 (v) a distributed energy system; 

9 (vi) a vehicle, including an electric 

10 transport refrigeration unit; 

11 (vii) any technology or measure that 

12 reduces vehicle idling; 

13 (viii) any alternative emissions control 

14 technology; 

15 (ix) any equipment, technology, or 

16 measure related to grid modernization; or 

17 (x) any other technology, equipment, 

18 or measure that the Administrator deter19 mines to be appropriate. 

20 SEC. 34332. GRANTS TO REDUCE AIR POLLUTION AT PORTS. 

21 (a) ESTABLISHMENT.—Not later than 6 months after 

22 the date of enactment of this Act, the Administrator shall 

23 establish a program to award grants to eligible entities 

24 to develop and implement a qualified climate action plan 

25 at one or more ports. 


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1 (b) GRANTS.—In carrying out the program estab2 lished under subsection (a), the Administrator shall award 

3 the following types of grants: 

4 (1) QUALIFIED CLIMATE ACTION PLAN DEVEL5 OPMENT.—The Administrator may award grants to 

6 eligible entities for development of a qualified cli7 mate action plan. 

8 (2) ZERO-EMISSIONS PORT EQUIPMENT AND

9 TECHNOLOGY.— 

10 (A) IN GENERAL.—The Administrator may 

11 award grants to eligible entities to purchase, in12 stall, or utilize zero-emissions port equipment 

13 and technology at one or more ports. 

14 (B) RELATION TO QUALIFIED CLIMATE AC15 TION PLAN.—The use of equipment and tech16 nology pursuant to a grant under this sub17 section shall be consistent with the qualified cli18 mate action plan of the eligible entity. 

19 (c) APPLICATION.— 

20 (1) IN GENERAL.—To seek a grant that is 

21 awarded under subsection (b), an eligible entity shall 

22 submit an application to the Administrator at such 

23 time, in such manner, and containing such informa24 tion and assurances as the Administrator may re25 quire. 


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1 (2) CONCURRENT APPLICATIONS.—An eligible 

2 entity may submit concurrent applications for both 

3 types of grants described in subsection (b), provided 

4 that the eligible entity demonstrates how use of a 

5 grant awarded under subsection (b)(2) will be con6 sistent with the qualified climate action plan to be 

7 developed using a grant awarded under subsection 

8 (b)(1). 

9 (d) PROHIBITED USE.—An eligible entity may not 

10 use a grant awarded under subsection (b)(2) to purchase 

11 fully automated cargo-handling equipment or terminal in12 frastructure that is designed for fully automated cargo13 handling equipment. 

14 (e) COST SHARE.—An eligible entity may not use a 

15 grant awarded under subsection (b)(2) to cover more than 

16 80 percent of the cost of purchasing, installing, or utilizing 

17 zero-emissions port equipment and technology. 

18 (f) LABOR.— 

19 (1) WAGES.—All laborers and mechanics em20 ployed by a subgrantee of an eligible entity, and any 

21 subgrantee thereof at any tier, to perform construc22 tion, alteration, installation, or repair work that is 

23 assisted, in whole or in part, by a grant awarded 

24 under this section shall be paid wages at rates not 

25 less than those prevailing on similar construction, alVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 teration, installation, or repair work in the locality 

2 as determined by the Secretary of Labor in accord3 ance with subchapter IV of chapter 31 of title 40, 

4 United States Code. 

5 (2) LABOR STANDARDS.—With respect to the 

6 labor standards in paragraph (1), the Secretary of 

7 Labor shall have the authority and functions set 

8 forth in Reorganization Plan Numbered 14 of 1950 

9 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

10 title 40, United States Code. 

11 (3) PROJECT LABOR AGREEMENT.—Any 

12 projects initiated using a grant under subsection 

13 (b)(2) with total capital costs of $1,000,000 or 

14 greater shall utilize a project labor agreement, as de15 scribed in section 8(f) of the National Labor Rela16 tions Act (29 U.S.C. 158(f)). 

17 (4) PROTECTIONS.—An eligible entity may not 

18 extend use of a grant provided under this subtitle to 

19 a subgrantee of the eligible entity, and any sub20 grantee thereof at any tier, to perform construction, 

21 alteration, installation, or repair work at any loca22 tion other than the port or ports involved. 

23 (g) PRIORITY.—The Administrator shall prioritize 

24 awarding grants under subsection (b)(2) to eligible entities 

25 based on the following: 


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1 (1) The degree to which the eligible entity pro2 poses to reduce— 

3 (A) the amount of greenhouse gases emit4 ted at a port; 

5 (B) the amount of criteria pollutants, in6 cluding any precursor thereof, emitted at a 

7 port; 

8 (C) the amount of hazardous air pollutants 

9 emitted at a port; and 

10 (D) health disparities in environmental jus11 tice communities near a port. 

12 (2) The degree to which the eligible entity— 

13 (A) takes a regional approach, as applica14 ble, to reducing greenhouse gas emissions by 

15 collaborating efforts with other ports and local 

16 electric utility owners and operators; 

17 (B) with respect to use of the grant, pro18 poses to enable increased electrification of infra19 structure or operations at the port or ports in20 volved; and 

21 (C) proposes to use equipment and tech22 nology that is produced in the United States. 

23 (3) The degree to which the eligible entity, any 

24 subgrantee of such eligible entity, and any sub25 grantee thereof proposes to hire individuals to carry 


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1 out the installation of zero-emissions port equipment 

2 and technology who— 

3 (A) are domiciled— 

4 (i) if the applicable installation area is 

5 a major urban area, not further than 15 

6 miles from such installation area; and 

7 (ii) if the applicable installation area 

8 is not a major urban area, not further 

9 than 50 miles from such installation area; 

10 (B) are displaced and unemployed energy 

11 workers; 

12 (C) are members of the Armed Forces 

13 serving on active duty, separated from active 

14 duty, or retired from active duty; 

15 (D) have been incarcerated or served time 

16 in a juvenile or adult detention or correctional 

17 facility, or been placed on probation, community 

18 supervision, or in a diversion scheme; 

19 (E) have a disability; 

20 (F) are homeless; 

21 (G) are receiving public assistance; 

22 (H) lack a general education diploma or 

23 high school diploma; 

24 (I) are emancipated from the foster care 

25 system; or 


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1 (J) are registered apprentices with fewer 

2 than 15 percent of the required graduating ap3 prentice hours in a program. 

4 (h) OUTREACH.—Not later than 90 days after the 

5 date on which funds are made available to carry out this 

6 section, the Administrator shall develop and carry out an 

7 educational outreach program to promote and explain the 

8 program established under this subtitle. 

9 (i) REPORTS.— 

10 (1) REPORT TO ADMINISTRATOR.—Not later 

11 than 90 days after receipt of a grant awarded under 

12 subsection (b), and thereafter on a periodic basis to 

13 be determined by the Administrator, the grantee 

14 shall submit to the Administrator a report on the 

15 progress of the grantee in carrying out measures 

16 funded through the grant. 

17 (2) ANNUAL REPORT TO CONGRESS.—Not later 

18 than 1 year after the establishment of the program 

19 in subsection (a), and annually thereafter, the Ad20 ministrator shall submit to Congress and make 

21 available on the public website of the Environmental 

22 Protection Agency a report that includes, with re23 spect to each grant awarded under this section dur24 ing the preceding calendar year— 


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1 (A) the name and location of the eligible 

2 entity that was awarded such grant; 

3 (B) the amount of such grant that the eli4 gible entity was awarded; 

5 (C) the name and location of each port 

6 where measures are carried out; 

7 (D) an estimate of the impact of measures 

8 on reducing— 

9 (i) the amount of greenhouse gases 

10 emitted at each port; 

11 (ii) the amount of criteria pollutants, 

12 including any precursors thereof, emitted 

13 at each port; 

14 (iii) the amount of hazardous air pol15 lutants emitted at each port; and 

16 (iv) health disparities in near-port 

17 communities; and 

18 (E) any other information the Adminis19 trator determines necessary to understand the 

20 impact of grants awarded under this subsection. 

21 SEC. 34333. MODEL METHODOLOGIES. 

22 The Administrator shall— 

23 (1) develop model methodologies that may be 

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1 counting and inventory practices for a qualified cli2 mate action plan; and 

3 (2) ensure that such methodologies are designed 

4 to measure progress in reducing air pollution in 

5 near-port communities. 

6 SEC. 34334. PORT ELECTRIFICATION. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of enactment of this Act, the Administrator, in con9 sultation with the Secretary of Energy, shall initiate a 

10 study to evaluate— 

11 (1) how ports, intermodal port transfer facili12 ties, and surrounding communities may benefit from 

13 increased electrification of port infrastructure or op14 erations; 

15 (2) the effects of increased electrification of 

16 port infrastructure and operations on air quality and 

17 energy demand; 

18 (3) the scale of investment needed to increase 

19 and maintain electrification of port infrastructure 

20 and operations, including an assessment of ports 

21 where zero-emissions port equipment and technology 

22 have already been installed or utilized; 

23 (4) how emerging technologies and strategies 

24 may be used to increase port electrification; and 


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1 (5) how ports and intermodal port transfer fa2 cilities can partner with electric utility owners and 

3 operators and electrical equipment providers to 

4 strengthen the reliability and resiliency of the elec5 tric transmission and distribution system, in order 

6 to enable greater deployment of zero-emissions port 

7 equipment and technology. 

8 (b) REPORT.—Not later than 1 year after initiating 

9 the study under subsection (a), the Administrator shall 

10 submit to Congress and make available on the public 

11 website of the Environmental Protection Agency a report 

12 that describes the results of the study. 

13 SEC. 34335. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—There is authorized to be appro15 priated to carry out this subtitle $750,000,000 for each 

16 of fiscal years 2022 through 2026, to remain available 

17 until expended. 

18 (b) DEVELOPMENT OF QUALIFIED CLIMATE ACTION

19 PLANS.—In addition to the authorization of appropria20 tions in subsection (a), there is authorized to be appro21 priated to carry out section 34332(b)(1) $50,000,000 for 

22 fiscal year 2022, to remain available until expended. 

23 (c) NONATTAINMENT AREAS.—To the extent prac24 ticable, at least 25 percent of amounts made available to 

25 carry out this subtitle in each fiscal year shall be used 


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1 to award grants under section 34332(b)(2) to eligible enti2 ties to carry out measures at ports that are in a nonattain3 ment area. 

4 Subpart D—Other Vehicles 

5 SEC. 34341. CLEAN SCHOOL BUS PROGRAM. 

6 (a) IN GENERAL.—Section 741 of the Energy Policy 

7 Act of 2005 (42 U.S.C. 16091) is amended to read as 

8 follows: 

9 ‘‘SEC. 741. CLEAN SCHOOL BUS PROGRAM. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis12 trator’ means the Administrator of the Environ13 mental Protection Agency. 

14 ‘‘(2) CLEAN SCHOOL BUS.—The term ‘clean 

15 school bus’ means a school bus that is a zero-emis16 sion school bus. 

17 ‘‘(3) COMMUNITY OF COLOR.—The term ‘com18 munity of color’ means any geographically distinct 

19 area the population of color of which is higher than 

20 the average population of color of the State in which 

21 the community is located. 

22 ‘‘(4) ELIGIBLE CONTRACTOR.—The term ‘eligi23 ble contractor’ means a contractor that is a for-prof24 it, not-for-profit, or nonprofit entity that has the ca25 pacity— 


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1 ‘‘(A) to sell clean school buses, or charging 

2 or other equipment needed to charge or main3 tain clean school buses, to individuals or enti4 ties that own a school bus or fleet of school 

5 buses; or 

6 ‘‘(B) to arrange financing for such a sale. 

7 ‘‘(5) ELIGIBLE RECIPIENT.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the term ‘eligible recipient’ means— 

10 ‘‘(i) 1 or more local or State govern11 mental entities responsible for— 

12 ‘‘(I) providing school bus service 

13 to 1 or more public school systems; or 

14 ‘‘(II) the purchase of school 

15 buses; 

16 ‘‘(ii) a tribally controlled school (as 

17 defined in section 5212 of the Tribally 

18 Controlled Schools Act of 1988 (25 U.S.C. 

19 2511)); 

20 ‘‘(iii) a nonprofit school transportation 

21 association; or 

22 ‘‘(iv) 1 or more contracting entities 

23 that provide school bus service to 1 or 

24 more public school systems. 


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1 ‘‘(B) SPECIAL REQUIREMENTS.—In the 

2 case of eligible recipients identified under 

3 clauses (iii) and (iv) of subparagraph (A), the 

4 Administrator shall establish timely and appro5 priate requirements for notice and may estab6 lish timely and appropriate requirements for ap7 proval by the public school systems that would 

8 be served by buses purchased using award 

9 funds made available under this section. 

10 ‘‘(6) INDIGENOUS COMMUNITY.—The term ‘in11 digenous community’ means— 

12 ‘‘(A) a federally recognized Indian Tribe; 

13 ‘‘(B) a State-recognized Indian Tribe; 

14 ‘‘(C) an Alaska Native or Native Hawaiian 

15 community or organization; and 

16 ‘‘(D) any other community of indigenous 

17 people, including communities in other coun18 tries. 

19 ‘‘(7) LOW INCOME.—The term ‘low income’ 

20 means an annual household income equal to, or less 

21 than, the greater of— 

22 ‘‘(A) an amount equal to 80 percent of the 

23 median income of the area in which the house24 hold is located, as reported by the Department 

25 of Housing and Urban Development; and 


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1 ‘‘(B) 200 percent of the Federal poverty 

2 line. 

3 ‘‘(8) LOW-INCOME COMMUNITY.—The term 

4 ‘low-income community’ means any census block 

5 group in which 30 percent or more of the population 

6 are individuals with low income. 

7 ‘‘(9) SCHOOL BUS.—The term ‘school bus’ has 

8 the meaning given the term ‘schoolbus’ in section 

9 30125(a) of title 49, United States Code. 

10 ‘‘(10) SCRAP.— 

11 ‘‘(A) IN GENERAL.—The term ‘scrap’ 

12 means, with respect to a school bus engine re13 placed using funds awarded under this section, 

14 to recycle, crush, or shred the engine within 

15 such period and in such manner as determined 

16 by the Administrator. 

17 ‘‘(B) EXCLUSION.—The term ‘scrap’ does 

18 not include selling, leasing, exchanging, or oth19 erwise disposing of an engine described in sub20 paragraph (A) for use in another motor vehicle 

21 in any location. 

22 ‘‘(11) SECRETARY.—The term ‘Secretary’ 

23 means the Secretary of Energy. 

24 ‘‘(12) ZERO-EMISSION SCHOOL BUS.—The term 

25 ‘zero-emission school bus’ means a school bus with 


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1 a drivetrain that produces, under any possible oper2 ational mode or condition, zero exhaust emission 

3 of— 

4 ‘‘(A) any air pollutant that is listed pursu5 ant to section 108(a) of the Clean Air Act (42 

6 U.S.C. 7408(a)) (or any precursor to such an 

7 air pollutant); and 

8 ‘‘(B) any greenhouse gas. 

9 ‘‘(b) PROGRAM FOR REPLACEMENT OF EXISTING

10 SCHOOL BUSES WITH CLEAN SCHOOL BUSES.— 

11 ‘‘(1) ESTABLISHMENT.—The Administrator, in 

12 consultation with the Secretary, shall establish a 

13 program for— 

14 ‘‘(A) making awards on a competitive basis 

15 of grants, rebates, and low-cost revolving loans 

16 to eligible recipients for the replacement of ex17 isting school buses with clean school buses; and 

18 ‘‘(B) making awards of contracts to eligi19 ble contractors for providing rebates and low20 cost revolving loans for the replacement of ex21 isting school buses with clean school buses. 

22 ‘‘(2) APPLICATIONS.—An applicant for an 

23 award under this section shall submit to the Admin24 istrator an application at such time, in such manner, 


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1 and containing such information as the Adminis2 trator may require, including— 

3 ‘‘(A) a written assurance that— 

4 ‘‘(i) all laborers and mechanics em5 ployed by contractors or subcontractors 

6 during construction, alteration, or repair, 

7 or at any manufacturing operation, that is 

8 financed, in whole or in part, by an award 

9 under this section, shall be paid wages at 

10 rates not less than those prevailing in a 

11 similar firm or on similar construction in 

12 the locality, as determined by the Sec13 retary of Labor in accordance with sub14 chapter IV of chapter 31 of title 40, 

15 United States Code; and 

16 ‘‘(ii) the Secretary of Labor shall, 

17 with respect to the labor standards de18 scribed in this clause, have the authority 

19 and functions set forth in Reorganization 

20 Plan Numbered 14 of 1950 (64 Stat. 

21 1267; 5 U.S.C. App.) and section 3145 of 

22 title 40, United States Code; 

23 ‘‘(B) a certification that no public work or 

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1 ployee will be privatized or subcontracted in 

2 carrying out a project funded by the award; 

3 ‘‘(C) to ensure a fair assessment of work4 force impact related to an award under this sec5 tion, a detailed accounting with respect to rel6 evant employees, including employees in each of 

7 management, administration, operations, and 

8 maintenance, of the eligible recipient at the 

9 time of the application, including— 

10 ‘‘(i) the number of employees, orga11 nized by salary; 

12 ‘‘(ii) the bargaining unit status of 

13 each employee; 

14 ‘‘(iii) the full- or part-time status of 

15 each employee; and 

16 ‘‘(iv) the job title of each employee; 

17 and 

18 ‘‘(D) a description of coordination and ad19 vance planning with the local electricity pro20 vider. 

21 ‘‘(3) ELIGIBLE MANUFACTURERS.— 

22 ‘‘(A) IN GENERAL.—The Administrator 

23 shall maintain and make publicly available a list 

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1 turers from whom recipients of awards under 

2 this section may order clean school buses. 

3 ‘‘(B) CRITERIA.—The Administrator shall 

4 establish a process by which manufacturers may 

5 seek inclusion on the list established pursuant 

6 to this subparagraph, which process shall in7 clude the submission of such information as the 

8 Administrator may require, including— 

9 ‘‘(i) a disclosure of whether there has 

10 been any administrative merits determina11 tion, arbitral award or decision, or civil 

12 judgment, as defined in guidance issued by 

13 the Secretary of Labor, rendered against 

14 the manufacturer in the preceding 3 years 

15 for violations of applicable labor, employ16 ment, civil rights, or health and safety 

17 laws; and 

18 ‘‘(ii) specific information regarding 

19 the actions the manufacturer will take to 

20 demonstrate compliance with, and where 

21 possible exceedance of, requirements under 

22 applicable labor, employment, civil rights, 

23 and health and safety laws, and actions the 

24 manufacturer will take to ensure that its 

25 direct suppliers demonstrate compliance 


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1 with applicable labor, employment, civil 

2 rights, and health and safety laws. 

3 ‘‘(4) PRIORITY OF APPLICATIONS.— 

4 ‘‘(A) HIGHEST PRIORITY.—In making 

5 awards under paragraph (1), the Administrator 

6 shall give highest priority to applicants that 

7 propose to replace school buses that serve the 

8 highest number of students (measured in abso9 lute numbers or percentage of student popu10 lation) who are eligible for free or reduced price 

11 lunches under the Richard B. Russell National 

12 School Lunch Act (42 U.S.C. 1751 et seq.). 

13 ‘‘(B) ADDITIONAL PRIORITY.—In making 

14 awards under paragraph (1), the Administrator 

15 shall give priority to applicants that propose to 

16 complement the assistance received through the 

17 award by securing additional sources of funding 

18 for the activities supported through the award, 

19 such as through— 

20 ‘‘(i) public-private partnerships with 

21 electric companies; 

22 ‘‘(ii) grants from other entities; or 

23 ‘‘(iii) issuance of school bonds. 


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1 ‘‘(5) USE OF SCHOOL BUS FLEET.—All clean 

2 school buses acquired with funds provided under this 

3 section shall— 

4 ‘‘(A) be operated as part of the school bus 

5 fleet for which the award was made for not less 

6 than 5 years; 

7 ‘‘(B) be maintained, operated, charged, 

8 and fueled according to manufacturer rec9 ommendations or State requirements; and 

10 ‘‘(C) not be manufactured or retrofitted 

11 with, or otherwise have installed, a power unit 

12 or other technology that creates air pollution 

13 within the school bus, such as an unvented die14 sel passenger heater. 

15 ‘‘(6) AWARDS.— 

16 ‘‘(A) IN GENERAL.—In making awards 

17 under paragraph (1), the Administrator may 

18 make awards for up to 100 percent of the re19 placement costs for clean school buses, provided 

20 that such replacement costs shall not exceed 

21 110 percent of the amount equal to the dif22 ference between the cost of a clean school bus 

23 and the cost of a diesel school bus. 

24 ‘‘(B) STRUCTURING AWARDS.—In making 

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1 trator shall decide whether to award a grant, 

2 rebate, or low-cost revolving loan, or a combina3 tion thereof, based primarily on— 

4 ‘‘(i) how best to facilitate replacing 

5 existing school buses with clean school 

6 buses; and 

7 ‘‘(ii) the preference of the eligible re8 cipient. 

9 ‘‘(C) INCLUDED COSTS.—Awards under 

10 paragraph (1) may pay for— 

11 ‘‘(i) acquisition and labor costs for 

12 charging or other infrastructure needed to 

13 charge or maintain clean school buses; 

14 ‘‘(ii) workforce development and train15 ing, to support the maintenance, charging, 

16 and operations of electric school buses; and 

17 ‘‘(iii) planning and technical activities 

18 to support the adoption and deployment of 

19 clean school buses. 

20 ‘‘(D) EXCEPTION.—In the case of awards 

21 under paragraph (1) to eligible recipients de22 scribed in subsection (a)(4)(A)(iv), the Adminis23 trator may make awards for up to 70 percent 

24 of the replacement costs for clean school buses, 

25 except that if such a recipient demonstrates, to 


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1 the satisfaction of the Administrator, that its 

2 labor standards are equal to or exceed those of 

3 the public school system that would be served 

4 by the clean school buses acquired with an 

5 award under this section, the Administrator 

6 may make an award to such recipient for up to 

7 90 percent of the replacement costs for clean 

8 school buses. 

9 ‘‘(E) REQUIREMENTS.—The Administrator 

10 shall require, as a condition of receiving an 

11 award under this section, that award recipi12 ents— 

13 ‘‘(i) do not, as a result of receiving 

14 the award— 

15 ‘‘(I) lay off, transfer, or demote 

16 any current employee; or 

17 ‘‘(II) reduce the salary or bene18 fits of any current employee or worsen 

19 the conditions of work of any current 

20 employee; and 

21 ‘‘(ii) provide current employees with 

22 training to effectively operate, maintain, or 

23 otherwise adapt to new technologies relat24 ing to clean school buses. 

25 ‘‘(F) BUY AMERICA.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), any clean school bus or 

3 electric vehicle supply equipment pur4 chased using funds awarded under the this 

5 section shall comply with the requirements 

6 described in section 5323(j) of title 49, 

7 United States Code. 

8 ‘‘(ii) EXCEPTIONS.— 

9 ‘‘(I) WAIVER.—The Adminis10 trator may provide a waiver to the re11 quirements describe in clause (i) in 

12 the same manner and to the same ex13 tent as the Secretary of Transpor14 tation may provide a waiver under 

15 section 5323(j)(2) of title 49, United 

16 States Code. 

17 ‘‘(II) PERCENTAGE OF COMPO18 NENTS AND SUBCOMPONENTS.—The 

19 Administrator may grant a waiver in 

20 accordance with section 5323(j)(2)(C) 

21 of title 49, United States Code, when 

22 a grant recipient procures a clean 

23 school bus or electric vehicle supply 

24 equipment using funds awarded under 

25 the program for which the cost of 


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1 components and subcomponents pro2 duced in the United States— 

3 ‘‘(aa) for each of fiscal years 

4 2022 through 2026, is more than 

5 60 percent of the cost of all com6 ponents of the clean school bus; 

7 and 

8 ‘‘(bb) for fiscal year 2026 

9 and each fiscal year thereafter, is 

10 more than 70 percent of the cost 

11 of all components of the clean 

12 school bus. 

13 ‘‘(7) DEPLOYMENT AND DISTRIBUTION.—The 

14 Administrator shall— 

15 ‘‘(A) to the maximum extent practicable, 

16 achieve nationwide deployment of clean school 

17 buses through the program under this section; 

18 ‘‘(B) ensure, as practicable, a broad geo19 graphic distribution of awards under paragraph 

20 (1) each fiscal year; and 

21 ‘‘(C) solicit early applications for large22 scale deployments and, as soon as reasonably 

23 practicable, award grants for at least one such 

24 large scale deployment in a rural location and 


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1 another in an urban location, subject to the re2 quirement that each such award recipient— 

3 ‘‘(i) participate in the development of 

4 best practices, lessons learned, and other 

5 information sharing to guide the imple6 mentation of the award program, including 

7 relating to building out associated infra8 structure; and 

9 ‘‘(ii) cooperate as specified in sub10 paragraph (D); and 

11 ‘‘(D) develop, in cooperation with award 

12 recipients, resources for future award recipients 

13 under this section. 

14 ‘‘(8) SCRAPPAGE.— 

15 ‘‘(A) IN GENERAL.—The Administrator 

16 shall require the recipient of an award under 

17 paragraph (1) to verify, not later than 1 year 

18 after receiving a clean school bus purchased 

19 using the award, that the engine of the replaced 

20 school bus has been scrapped. 

21 ‘‘(B) EXCEPTION.—Subject to such condi22 tions the Administrator determines appropriate, 

23 giving consideration to public health and reduc24 ing emissions of pollutants, the Administrator 


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1 may waive the requirements of subparagraph 

2 (A) for school buses that meet— 

3 ‘‘(i) the emission standards applicable 

4 to a new school bus as of the date of en5 actment of the Leading Infrastructure For 

6 Tomorrow’s America Act; or 

7 ‘‘(ii) subsequent emission standards 

8 that are at least as stringent as the stand9 ards referred to in clause (i). 

10 ‘‘(c) EDUCATION AND OUTREACH.— 

11 ‘‘(1) IN GENERAL.—Not later than 90 days 

12 after the date of enactment of the Leading Infra13 structure For Tomorrow’s America Act, the Admin14 istrator shall develop an education and outreach pro15 gram to promote and explain the award program 

16 under this section. 

17 ‘‘(2) COORDINATION WITH STAKEHOLDERS.— 

18 The education and outreach program under para19 graph (1) shall be designed and conducted in con20 junction with interested national school bus trans21 portation associations, labor unions, electric utilities, 

22 manufacturers of clean school buses, manufacturers 

23 of components of clean school buses, clean transpor24 tation nonprofit organizations, and other stake25 holders. 


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1 ‘‘(3) COMPONENTS.—The education and out2 reach program under paragraph (1) shall— 

3 ‘‘(A) inform, encourage, and support po4 tential award recipients on the process of apply5 ing for awards and fulfilling the requirements 

6 of awards; 

7 ‘‘(B) describe the available technologies 

8 and the benefits of the technologies; 

9 ‘‘(C) explain the benefits of participating 

10 in the award program; 

11 ‘‘(D) make available information regarding 

12 best practices, lessons learned, and technical 

13 and other information regarding— 

14 ‘‘(i) clean school bus acquisition and 

15 deployment; 

16 ‘‘(ii) the build-out of associated infra17 structure and advance planning with the 

18 local electricity supplier; 

19 ‘‘(iii) workforce development and 

20 training; and 

21 ‘‘(iv) any other information that, in 

22 the judgment of the Administrator, is rel23 evant to transitioning to and deploying 

24 clean school buses; 


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1 ‘‘(E) make available the information pro2 vided by the Secretary pursuant to subsection 

3 (d); 

4 ‘‘(F) in consultation with the Secretary, 

5 make information available about how clean 

6 school buses can be part of building community 

7 resilience to the effects of climate change; and 

8 ‘‘(G) include, as appropriate, information 

9 from the annual report required under sub10 section (g). 

11 ‘‘(d) DOE ASSISTANCE.— 

12 ‘‘(1) INFORMATION GATHERING.—The Sec13 retary shall gather, and not less than annually share 

14 with the Administrator, information regarding— 

15 ‘‘(A) vehicle-to-grid technology, including 

16 best practices and use-case scenarios; 

17 ‘‘(B) the use of clean school buses for com18 munity resilience; and 

19 ‘‘(C) technical aspects of clean school bus 

20 management and deployment. 

21 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

22 shall, in response to a request from the Adminis23 trator, or from an applicant for or recipient of an 

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1 ance in the development of an application for or the 

2 use of award funds. 

3 ‘‘(e) ADMINISTRATIVE COSTS.—The Administrator 

4 may use, for the administrative costs of carrying out this 

5 section, not more than two percent of the amounts made 

6 available to carry out this section for any fiscal year. 

7 ‘‘(f) ANNUAL REPORT.—Not later than January 31 

8 of each year, the Administrator shall submit to Congress 

9 a report that— 

10 ‘‘(1) evaluates the implementation of this sec11 tion; 

12 ‘‘(2) describes— 

13 ‘‘(A) the total number of applications re14 ceived for awards under this section; 

15 ‘‘(B) the number of clean school buses re16 quested in such applications; 

17 ‘‘(C) the awards made under this section 

18 and the criteria used to select the award recipi19 ents; 

20 ‘‘(D) the awards made under this section 

21 for charging and fueling infrastructure; 

22 ‘‘(E) ongoing compliance with the commit23 ments made by manufacturers on the list main24 tained by the Administrator under subsection 

25 (b)(3); 


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1 ‘‘(F) the estimated effect of the awards 

2 under this section on emission of air pollutants, 

3 including greenhouse gases; and 

4 ‘‘(G) any other information the Adminis5 trator considers appropriate; and 

6 ‘‘(3) describes any waiver granted under sub7 section (b)(5)(B) during the preceding year. 

8 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—There is authorized to be 

10 appropriated to the Administrator to carry out this 

11 section, to remain available until expended, 

12 $130,000,000 for each of fiscal years 2022 through 

13 2026. 

14 ‘‘(2) ALLOCATION.—Of the amount authorized 

15 to be appropriated for carrying out this section for 

16 each fiscal year, no less than $52,000,000 shall be 

17 used for awards under this section to eligible recipi18 ents proposing to replace school buses to serve a 

19 community of color, indigenous community, low-in20 come community, or any community located in an 

21 air quality area designated pursuant to section 107 

22 of the Clean Air Act (42 U.S.C. 7407) as nonattain23 ment.’’. 

24 (b) TECHNICAL AMENDMENT TO STRIKE REDUN25 DANT AUTHORIZATION.—The Safe, Accountable, Flexible, 


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1 Efficient Transportation Equity Act: A Legacy for Users 

2 (commonly referred to as ‘‘SAFETEA–LU’’) is amend3 ed— 

4 (1) by striking section 6015 (42 U.S.C. 

5 16091a); and 

6 (2) in the table of contents in section 1(b) of 

7 such Act, by striking the item relating to section 

8 6015. 

9 SEC. 34342. PILOT PROGRAM FOR THE ELECTRIFICATION 

10 OF CERTAIN REFRIGERATED VEHICLES. 

11 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Ad12 ministrator shall establish and carry out a pilot program 

13 to award funds, in the form of grants, rebates, and low14 cost revolving loans, as determined appropriate by the Ad15 ministrator, on a competitive basis, to eligible entities to 

16 carry out projects described in subsection (b). 

17 (b) PROJECTS.—An eligible entity receiving an award 

18 of funds under subsection (a) may use such funds only 

19 for one or more of the following projects: 

20 (1) TRANSPORT REFRIGERATION UNIT RE21 PLACEMENT.—A project to retrofit a heavy-duty ve22 hicle by replacing or retrofitting the existing diesel23 powered transport refrigeration unit in such vehicle 

24 with an electric transport refrigeration unit and re25 tiring the replaced unit for scrappage. 


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1 (2) SHORE POWER INFRASTRUCTURE.—A 

2 project to purchase and install shore power infra3 structure or other equipment that enables transport 

4 refrigeration units to connect to electric power and 

5 operate without using diesel fuel. 

6 (c) MAXIMUM AMOUNTS.—The amount of an award 

7 of funds under subsection (a) shall not exceed— 

8 (1) for the costs of a project described in sub9 section (b)(1), 75 percent of such costs; and 

10 (2) for the costs of a project described in sub11 section (b)(2), 55 percent of such costs. 

12 (d) APPLICATIONS.—To be eligible to receive an 

13 award of funds under subsection (a), an eligible entity 

14 shall submit to the Administrator— 

15 (1) a description of the air quality in the area 

16 served by the eligible entity, including a description 

17 of how the air quality is affected by diesel emissions 

18 from heavy-duty vehicles; 

19 (2) a description of the project proposed by the 

20 eligible entity, including— 

21 (A) any technology to be used or funded by 

22 the eligible entity; and 

23 (B) a description of the heavy-duty vehicle 

24 or vehicles of the eligible entity, that will be ret25 rofitted, if any, including— 


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1 (i) the number of such vehicles; 

2 (ii) the uses of such vehicles; 

3 (iii) the locations where such vehicles 

4 dock for the purpose of loading or unload5 ing; and 

6 (iv) the routes driven by such vehicles, 

7 including the times at which such vehicles 

8 are driven; 

9 (3) an estimate of the cost of the proposed 

10 project; 

11 (4) a description of the age and expected life12 time control of the equipment used or funded by the 

13 eligible entity; and 

14 (5) provisions for the monitoring and 

15 verification of the project including to verify 

16 scrappage of replaced units. 

17 (e) PRIORITY.—In awarding funds under subsection 

18 (a), the Administrator shall give priority to proposed 

19 projects that, as determined by the Administrator— 

20 (1) maximize public health benefits; 

21 (2) are the most cost-effective; and 

22 (3) will serve the communities that are most 

23 polluted by diesel motor emissions, including com24 munities that the Administrator identifies as being 

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1 tional ambient air quality standards for a criteria 

2 pollutant, particularly for— 

3 (A) ozone; and 

4 (B) particulate matter. 

5 (f) DATA RELEASE.—Not later than 120 days after 

6 the date on which an award of funds is made under this 

7 section, the Administrator shall publish on the website of 

8 the Environmental Protection Agency, on a downloadable 

9 electronic database, information with respect to such 

10 award of funds, including— 

11 (1) the name and location of the recipient; 

12 (2) the total amount of funds awarded; 

13 (3) the intended use or uses of the awarded 

14 funds; 

15 (4) the date on which the award of funds was 

16 approved; 

17 (5) where applicable, an estimate of any air pol18 lution or greenhouse gas emissions avoided as a re19 sult of the project funded by the award; and 

20 (6) any other data the Administrator deter21 mines to be necessary for an evaluation of the use 

22 and effect of awarded funds provided under this sec23 tion. 

24 (g) REPORTS TO CONGRESS.— 


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1 (1) ANNUAL REPORT TO CONGRESS.—Not later 

2 than 1 year after the date of the establishment of 

3 the pilot program under this section, and annually 

4 thereafter until amounts made available to carry out 

5 this section are expended, the Administrator shall 

6 submit to Congress and make available to the public 

7 a report that describes, with respect to the applica8 ble year— 

9 (A) the number of applications for awards 

10 of funds received under such program; 

11 (B) all awards of funds made under such 

12 program, including a summary of the data de13 scribed in subsection (f); 

14 (C) the estimated reduction of annual 

15 emissions of air pollutants regulated under sec16 tion 109 of the Clean Air Act (42 U.S.C. 

17 7409), and the estimated reduction of green18 house gas emissions, associated with the awards 

19 of funds made under such program; 

20 (D) the number of awards of funds made 

21 under such program for projects in communities 

22 described in subsection (e)(3); and 

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1 mentation, outcomes, or effectiveness of such 

2 program. 

3 (2) FINAL REPORT.—Not later than 1 year 

4 after amounts made available to carry out this sec5 tion are expended, or 5 years after the pilot program 

6 is established, whichever comes first, the Adminis7 trator shall submit to Congress and make available 

8 to the public a report that describes— 

9 (A) all of the information collected for the 

10 annual reports under paragraph (1); 

11 (B) any benefits to the environment or 

12 human health that could result from the wide13 spread application of electric transport refrig14 eration units for short-haul transportation and 

15 delivery of perishable goods or other goods re16 quiring climate-controlled conditions, including 

17 in low-income communities and communities of 

18 color; 

19 (C) any challenges or benefits that recipi20 ents of awards of funds under such program re21 ported with respect to the integration or use of 

22 electric transport refrigeration units and associ23 ated technologies; 


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1 (D) an assessment of the national market 

2 potential for electric transport refrigeration 

3 units; 

4 (E) an assessment of challenges and op5 portunities for widespread deployment of elec6 tric transport refrigeration units, including in 

7 urban areas; and 

8 (F) recommendations for how future Fed9 eral, State, and local programs can best support 

10 the adoption and widespread deployment of 

11 electric transport refrigeration units. 

12 (h) DEFINITIONS.—In this section: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Environ15 mental Protection Agency. 

16 (2) DIESEL-POWERED TRANSPORT REFRIGERA17 TION UNIT.—The term ‘‘diesel-powered transport re18 frigeration unit’’ means a transport refrigeration 

19 unit that is powered by an independent diesel inter20 nal combustion engine. 

21 (3) ELECTRIC TRANSPORT REFRIGERATION

22 UNIT.—The term ‘‘electric transport refrigeration 

23 unit’’ means a transport refrigeration unit in which 

24 the refrigeration or climate-control system is driven 

25 by an electric motor when connected to shore power 


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1 infrastructure or other equipment that enables 

2 transport refrigeration units to connect to electric 

3 power, including all-electric transport refrigeration 

4 units, hybrid electric transport refrigeration units, 

5 and standby electric transport refrigeration units. 

6 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means— 

8 (A) a regional, State, local, or Tribal agen9 cy, or port authority, with jurisdiction over 

10 transportation or air quality; 

11 (B) a nonprofit organization or institution 

12 that— 

13 (i) represents or provides pollution re14 duction or educational services to persons 

15 or organizations that own or operate 

16 heavy-duty vehicles or fleets of heavy-duty 

17 vehicles; or 

18 (ii) has, as its principal purpose, the 

19 promotion of air quality; 

20 (C) an individual or entity that is the 

21 owner of record of a heavy-duty vehicle or a 

22 fleet of heavy-duty vehicles that operates for the 

23 transportation and delivery of perishable goods 

24 or other goods requiring climate-controlled con25 ditions; 


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1 (D) an individual or entity that is the 

2 owner of record of a facility that operates as a 

3 warehouse or storage facility for perishable 

4 goods or other goods requiring climate-con5 trolled conditions; or 

6 (E) a hospital or public health institution 

7 that utilizes refrigeration for storage of perish8 able goods or other goods requiring climate-con9 trolled conditions. 

10 (5) HEAVY-DUTY VEHICLE.—The term ‘‘heavy11 duty vehicle’’ means— 

12 (A) a commercial truck or van— 

13 (i) used for the primary purpose of 

14 transporting perishable goods or other 

15 goods requiring climate-controlled condi16 tions; and 

17 (ii) with a gross vehicle weight rating 

18 greater than 6,000 pounds; or 

19 (B) an insulated cargo trailer used in 

20 transporting perishable goods or other goods re21 quiring climate-controlled conditions when 

22 mounted on a semitrailer. 

23 (6) SHORE POWER INFRASTRUCTURE.—The 

24 term ‘‘shore power infrastructure’’ means electrical 

25 infrastructure that provides power to the electric 


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1 transport refrigeration unit of a heavy-duty vehicle 

2 when such vehicle is stationary on a property where 

3 such vehicle is parked or loaded, including a food 

4 distribution center or other location where heavy5 duty vehicles congregate. 

6 (7) TRANSPORT REFRIGERATION UNIT.—The 

7 term ‘‘transport refrigeration unit’’ means a climate8 control system installed on a heavy-duty vehicle for 

9 the purpose of maintaining the quality of perishable 

10 goods or other goods requiring climate-controlled 

11 conditions. 

12 (i) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—There is authorized to be 

14 appropriated to carry out this section $10,000,000, 

15 to remain available until expended. 

16 (2) ADMINISTRATIVE EXPENSES.—The Admin17 istrator may use not more than 1 percent of 

18 amounts made available pursuant to paragraph (1) 

19 for administrative expenses to carry out this section. 

20 SEC. 34343. DOMESTIC MANUFACTURING CONVERSION 

21 GRANT PROGRAM. 

22 (a) HYBRID VEHICLES, ADVANCED VEHICLES, AND

23 FUEL CELL BUSES.—Subtitle B of title VII of the Energy 

24 Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend25 ed— 


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1 (1) in the subtitle header, by inserting ‘‘Plug2 In Electric Vehicles,’’ before ‘‘Hybrid Vehi3 cles’’; and 

4 (2) in part 1, in the part header, by striking 

5 ‘‘HYBRID’’ and inserting ‘‘PLUG-IN ELECTRIC’’. 

6 (b) PLUG-IN ELECTRIC VEHICLES.—Section 711 of 

7 the Energy Policy Act of 2005 (42 U.S.C. 16061) is 

8 amended to read as follows: 

9 ‘‘SEC. 711. PLUG-IN ELECTRIC VEHICLES. 

10 ‘‘The Secretary shall accelerate efforts, related to do11 mestic manufacturing, that are directed toward the im12 provement of batteries, power electronics, and other tech13 nologies for use in plug-in electric vehicles.’’. 

14 (c) EFFICIENT HYBRID AND ADVANCED DIESEL VE15 HICLES.—Section 712 of the Energy Policy Act of 2005 

16 (42 U.S.C. 16062) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by inserting ‘‘, plug19 in electric,’’ after ‘‘efficient hybrid’’; and 

20 (B) by amending paragraph (3) to read as 

21 follows: 

22 ‘‘(3) PRIORITY.—Priority shall be given to— 

23 ‘‘(A) the refurbishment or retooling of 

24 manufacturing facilities that have recently 


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1 ceased operation or would otherwise cease oper2 ation in the near future; and 

3 ‘‘(B) applications containing— 

4 ‘‘(i) a written assurance that— 

5 ‘‘(I) all laborers and mechanics 

6 employed by contractors or sub7 contractors during construction, alter8 ation, or repair, or at any manufac9 turing operation, that is financed, in 

10 whole or in part, by a loan under this 

11 section shall be paid wages at rates 

12 not less than those prevailing in a 

13 similar firm or on similar construction 

14 in the locality, as determined by the 

15 Secretary of Labor in accordance with 

16 subchapter IV of chapter 31 of title 

17 40, United States Code; and 

18 ‘‘(II) the Secretary of Labor 

19 shall, with respect to the labor stand20 ards described in this paragraph, have 

21 the authority and functions set forth 

22 in Reorganization Plan Numbered 14 

23 of 1950 (64 Stat. 1267; 5 U.S.C. 

24 App.) and section 3145 of title 40, 

25 United States Code; 


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1 ‘‘(ii) a disclosure of whether there has 

2 been any administrative merits determina3 tion, arbitral award or decision, or civil 

4 judgment, as defined in guidance issued by 

5 the Secretary of Labor, rendered against 

6 the applicant in the preceding 3 years for 

7 violations of applicable labor, employment, 

8 civil rights, or health and safety laws; 

9 ‘‘(iii) specific information regarding 

10 the actions the applicant will take to dem11 onstrate compliance with, and where pos12 sible exceedance of, requirements under 

13 applicable labor, employment, civil rights, 

14 and health and safety laws, and actions the 

15 applicant will take to ensure that its direct 

16 suppliers demonstrate compliance with ap17 plicable labor, employment, civil rights, 

18 and health and safety laws; and 

19 ‘‘(iv) an estimate and description of 

20 the jobs and types of jobs to be retained or 

21 created by the project and the specific ac22 tions the applicant will take to increase 

23 employment and retention of dislocated 

24 workers, veterans, individuals from low-in25 come communities, women, minorities, and 


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1 other groups underrepresented in manufac2 turing, and individuals with a barrier to 

3 employment.’’; and 

4 (2) by striking subsection (c) and inserting the 

5 following: 

6 ‘‘(c) COST SHARE AND GUARANTEE OF OPER7 ATION.— 

8 ‘‘(1) CONDITION.—A recipient of a grant under 

9 this section shall pay the Secretary the full amount 

10 of the grant if the facility financed in whole or in 

11 part under this subsection fails to manufacture 

12 goods for a period of at least 10 years after the com13 pletion of construction. 

14 ‘‘(2) COST SHARE.—Section 988(c) shall apply 

15 to a grant made under this subsection. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to the Secretary to carry 

18 out this section $2,500,000,000 for each of fiscal years 

19 2022 through 2026. 

20 ‘‘(e) PERIOD OF AVAILABILITY.—An award made 

21 under this section after the date of enactment of this sub22 section shall only be available with respect to facilities and 

23 equipment placed in service before December 30, 2035.’’. 

24 (d) CONFORMING AMENDMENT.—The table of con25 tents of the Energy Policy Act of 2005 is amended— 


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1 (1) in the item relating to subtitle B of title 

2 VII, by inserting ‘‘Plug-In Electric Vehicles,’’ before 

3 ‘‘Hybrid Vehicles’’; 

4 (2) in the item relating to part 1 of such sub5 title, by striking ‘‘Hybrid’’ and inserting ‘‘Plug-In 

6 Electric’’; and 

7 (3) in the item relating to section 711, by strik8 ing ‘‘Hybrid’’ and inserting ‘‘Plug-in electric’’. 

9 SEC. 34344. ADVANCED TECHNOLOGY VEHICLES MANUFAC10 TURING INCENTIVE PROGRAM. 

11 Section 136 of the Energy Independence and Security 

12 Act of 2007 (42 U.S.C. 17013) is amended— 

13 (1) in subsection (a)— 

14 (A) by amending paragraph to read as fol15 lows: 

16 ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The 

17 term ‘advanced technology vehicle’ means— 

18 ‘‘(A) an ultra efficient vehicle; 

19 ‘‘(B) a light-duty vehicle or medium-duty 

20 passenger vehicle that— 

21 ‘‘(i) meets the Bin 160 Tier III emis22 sion standard established in regulations 

23 issued by the Administrator of the Envi24 ronmental Protection Agency under section 

25 202(i) of the Clean Air Act (42 U.S.C. 


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1 7521(i)), or a lower-numbered Bin emis2 sion standard; 

3 ‘‘(ii) meets any new emission standard 

4 in effect for fine particulate matter pre5 scribed by the Administrator under that 

6 Act (42 U.S.C. 7401 et seq.); and 

7 ‘‘(iii) either— 

8 ‘‘(I) complies with the applicable 

9 regulatory standard for emissions of 

10 greenhouse gases for model year 2027 

11 or later; or 

12 ‘‘(II) emits zero emissions of 

13 greenhouse gases; or 

14 ‘‘(C) a heavy-duty vehicle (excluding a me15 dium-duty passenger vehicle) that— 

16 ‘‘(i) demonstrates achievement below 

17 the applicable regulatory standards for 

18 emissions of greenhouse gases for model 

19 year 2027 vehicles promulgated by the Ad20 ministrator on October 25, 2016 (81 Fed. 

21 Reg. 73478); 

22 ‘‘(ii) complies with the applicable reg23 ulatory standard for emissions of green24 house gases for model year 2030 or later; 

25 or 


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1 ‘‘(iii) emits zero emissions of green2 house gases.’’; 

3 (B) by striking paragraph (2) and redesig4 nating paragraph (3) as paragraph (2); 

5 (C) by striking paragraph (4) and insert6 ing the following: 

7 ‘‘(3) QUALIFYING COMPONENT.—The term 

8 ‘qualifying component’ means a material, technology, 

9 component, system, or subsystem in an advanced 

10 technology vehicle, including an ultra-efficient com11 ponent. 

12 ‘‘(4) ULTRA-EFFICIENT COMPONENT.—The 

13 term ‘ultra-efficient component’ means— 

14 ‘‘(A) a component of an ultra efficient ve15 hicle; 

16 ‘‘(B) fuel cell technology; 

17 ‘‘(C) battery technology, including a bat18 tery cell, battery, battery management system, 

19 or thermal control system; 

20 ‘‘(D) an automotive semiconductor or com21 puter; 

22 ‘‘(E) an electric motor, axle, or component; 

23 and 

24 ‘‘(F) an advanced lightweight, high25 strength, or high-performance material.’’; and 


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1 (D) in paragraph (5)— 

2 (i) in subparagraph (B), by striking 

3 ‘‘or’’ at the end; 

4 (ii) in subparagraph (C), by striking 

5 the period at the end and inserting ‘‘; or’’; 

6 and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(D) at least 75 miles per gallon equiva10 lent while operating as a hydrogen fuel cell elec11 tric vehicle.’’; 

12 (2) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) ADVANCED VEHICLES MANUFACTURING FACIL15 ITY.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall provide 

17 facility funding awards under this section to ad18 vanced technology vehicle manufacturers and compo19 nent suppliers to pay not more than 50 percent of 

20 the cost of— 

21 ‘‘(A) reequipping, expanding, or estab22 lishing a manufacturing facility in the United 

23 States to produce— 

24 ‘‘(i) advanced technology vehicles; or 

25 ‘‘(ii) qualifying components; and 


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1 ‘‘(B) engineering integration performed in 

2 the United States of advanced technology vehi3 cles and qualifying components. 

4 ‘‘(2) ULTRA-EFFICIENT COMPONENTS COST

5 SHARE.—Notwithstanding paragraph (1), a facility 

6 funding award under such paragraph may pay not 

7 more than 80 percent of the cost of a project to 

8 reequip, expand, or establish a manufacturing facil9 ity in the United States to produce ultra-efficient 

10 components.’’; 

11 (3) in subsection (c), by striking ‘‘2020’’ and 

12 inserting ‘‘2026’’ each place it appears; 

13 (4) in subsection (d)— 

14 (A) by amending paragraph (2) to read as 

15 follows: 

16 ‘‘(2) APPLICATION.—An applicant for a loan 

17 under this subsection shall submit to the Secretary 

18 an application at such time, in such manner, and 

19 containing such information as the Secretary may 

20 require, including— 

21 ‘‘(A) a written assurance that— 

22 ‘‘(i) all laborers and mechanics em23 ployed by contractors or subcontractors 

24 during construction, alteration, or repair, 

25 or at any manufacturing operation, that is 


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1 financed, in whole or in part, by a loan 

2 under this section shall be paid wages at 

3 rates not less than those prevailing in a 

4 similar firm or on similar construction in 

5 the locality, as determined by the Sec6 retary of Labor in accordance with sub7 chapter IV of chapter 31 of title 40, 

8 United States Code; and 

9 ‘‘(ii) the Secretary of Labor shall, 

10 with respect to the labor standards de11 scribed in this paragraph, have the author12 ity and functions set forth in Reorganiza13 tion Plan Numbered 14 of 1950 (64 Stat. 

14 1267; 5 U.S.C. App.) and section 3145 of 

15 title 40, United States Code; 

16 ‘‘(B) a disclosure of whether there has 

17 been any administrative merits determination, 

18 arbitral award or decision, or civil judgment, as 

19 defined in guidance issued by the Secretary of 

20 Labor, rendered against the applicant in the 

21 preceding 3 years for violations of applicable 

22 labor, employment, civil rights, or health and 

23 safety laws; 

24 ‘‘(C) specific information regarding the ac25 tions the applicant will take to demonstrate 


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1 compliance with, and where possible exceedance 

2 of, requirements under applicable labor, employ3 ment, civil rights, and health and safety laws, 

4 and actions the applicant will take to ensure 

5 that its direct suppliers demonstrate compliance 

6 with applicable labor, employment, civil rights, 

7 and health and safety laws; and 

8 ‘‘(D) an estimate and description of the 

9 jobs and types of jobs to be retained or created 

10 by the project and the specific actions the appli11 cant will take to increase employment and re12 tention of dislocated workers, veterans, individ13 uals from low-income communities, women, mi14 norities, and other groups underrepresented in 

15 manufacturing, and individuals with a barrier 

16 to employment.’’; 

17 (B) by amending paragraph (3) to read as 

18 follows: 

19 ‘‘(3) SELECTION OF ELIGIBLE PROJECTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 select eligible projects to receive loans under 

22 this subsection in cases in which the Secretary 

23 determines— 

24 ‘‘(i) the loan recipient— 


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1 ‘‘(I) has a reasonable prospect of 

2 repaying the principal and interest on 

3 the loan; 

4 ‘‘(II) will provide sufficient infor5 mation to the Secretary for the Sec6 retary to ensure that the qualified in7 vestment is expended efficiently and 

8 effectively; and 

9 ‘‘(III) has met such other criteria 

10 as may be established and published 

11 by the Secretary; and 

12 ‘‘(ii) the amount of the loan (when 

13 combined with amounts available to the 

14 loan recipient from other sources) will be 

15 sufficient to carry out the project. 

16 ‘‘(B) REASONABLE PROSPECT OF REPAY17 MENT.—The Secretary shall base a determina18 tion of whether there is a reasonable prospect 

19 of repayment of the principal and interest on a 

20 loan under subparagraph (A) on a comprehen21 sive evaluation of whether the loan recipient has 

22 a reasonable prospect of repaying the principal 

23 and interest, including evaluation of— 


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1 ‘‘(i) the strength of an eligible 

2 project’s contractual terms (if commer3 cially reasonably available); 

4 ‘‘(ii) the forecast of noncontractual 

5 cash flows supported by market projections 

6 from reputable sources, as determined by 

7 the Secretary; 

8 ‘‘(iii) cash sweeps and other structure 

9 enhancements; 

10 ‘‘(iv) the projected financial strength 

11 of the loan recipient at the time of loan 

12 close and projected throughout the loan 

13 term after the project is completed; 

14 ‘‘(v) the financial strength of the loan 

15 recipient’s investors and strategic partners, 

16 if applicable; and 

17 ‘‘(vi) other financial metrics and anal18 yses that are relied upon by the private 

19 lending community and nationally recog20 nized credit rating agencies, as determined 

21 appropriate by the Secretary.’’; and 

22 (C) in paragraph (4)— 

23 (i) in subparagraph (B)(i), by striking 

24 ‘‘; and’’ and inserting ‘‘; or’’; 


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1 (ii) in subparagraph (C), by striking 

2 ‘‘; and’’ and inserting a semicolon; 

3 (iii) in subparagraph (D), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iv) by adding at the end the fol7 lowing: 

8 ‘‘(E) shall be subject to the condition that 

9 the loan is not subordinate to other financing.’’; 

10 (5) by amending subsection (e) to read as fol11 lows: 

12 ‘‘(e) REGULATIONS.—Not later than 6 months after 

13 the date of enactment of the Leading Infrastructure For 

14 Tomorrow’s America Act, the Secretary shall issue a final 

15 rule establishing regulations to carry out this section.’’; 

16 (6) by amending subsection (f) to read as fol17 lows: 

18 ‘‘(f) FEES.—The Secretary shall charge and collect 

19 fees for loans under this section in amounts the Secretary 

20 determines are sufficient to cover applicable administra21 tive expenses (including any costs associated with third22 party consultants engaged by the Secretary), which may 

23 not exceed $100,000 or 10 basis points of the loan and 

24 may not be collected prior to financial closing.’’; 


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1 (7) by amending subsection (g) to read as fol2 lows: 

3 ‘‘(g) PRIORITY.—The Secretary shall, in making 

4 awards or loans to those manufacturers that have existing 

5 facilities (which may be idle), give priority to those facili6 ties that are or would be— 

7 ‘‘(1) oldest or in existence for at least 20 years; 

8 ‘‘(2) recently closed, or at risk of closure; 

9 ‘‘(3) utilized primarily for the manufacture of 

10 medium-duty passenger vehicles or other heavy-duty 

11 vehicles that emit zero greenhouse gas emissions; or 

12 ‘‘(4) utilized primarily for the manufacture of 

13 ultra-efficient components.’’; 

14 (8) in subsection (h)— 

15 (A) in the header, by striking ‘‘AUTO16 MOBILE’’ and inserting ‘‘ADVANCED TECH17 NOLOGY VEHICLE’’; and 

18 (B) in paragraph (1)(B), by striking 

19 ‘‘automobiles, or components of automobiles’’ 

20 and inserting ‘‘advanced technology vehicles, or 

21 components of advanced technology vehicles’’; 

22 (9) by striking subsection (i) and redesignating 

23 subsection (j) as subsection (i); and 

24 (10) by adding at the end the following: 


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1 ‘‘(j) COORDINATION.—In carrying out this section, 

2 the Secretary shall coordinate with relevant vehicle, bio3 energy, and hydrogen and fuel cell demonstration project 

4 activities supported by the Department. 

5 ‘‘(k) OUTREACH.—In carrying out this section, the 

6 Secretary shall— 

7 ‘‘(1) provide assistance with the completion of 

8 applications for awards or loans under this section; 

9 and 

10 ‘‘(2) conduct outreach, including through con11 ferences and online programs, to disseminate infor12 mation on awards and loans under this section to 

13 potential applicants. 

14 ‘‘(l) REPORT.—Not later than 2 years after the date 

15 of the enactment of this subsection, and every 3 years 

16 thereafter, the Secretary shall submit to Congress a report 

17 on the status of projects supported by a loan under this 

18 section, including— 

19 ‘‘(1) a list of projects receiving a loan under 

20 this section, including the loan amount and con21 struction status of each such project; 

22 ‘‘(2) the status of each project’s loan repay23 ment, including future repayment projections; 


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1 ‘‘(3) data regarding the number of direct and 

2 indirect jobs retained, restored, or created by fi3 nanced projects; 

4 ‘‘(4) the number of new projects projected to 

5 receive a loan under this section in the next 2 years 

6 and the aggregate loan amount; 

7 ‘‘(5) evaluation of ongoing compliance with the 

8 assurances and commitments and of the predictions 

9 made by applicants pursuant to subsection (d)(2); 

10 and 

11 ‘‘(6) any other metrics the Secretary finds ap12 propriate.’’. 

13 TITLE IV—HEALTH CARE 

14 INFRASTRUCTURE 

15 SEC. 40001. CORE PUBLIC HEALTH INFRASTRUCTURE FOR 

16 STATE, LOCAL, TRIBAL, AND TERRITORIAL 

17 HEALTH DEPARTMENTS. 

18 (a) PROGRAM.—The Secretary of Health and Human 

19 Services (in this title referred to as the ‘‘Secretary’’), act20 ing through the Director of the Centers for Disease Con21 trol and Prevention, shall establish a core public health 

22 infrastructure program consisting of awarding grants 

23 under subsection (b). 

24 (b) GRANTS.— 


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1 (1) AWARD.—For the purpose of addressing 

2 core public health infrastructure needs, the Sec3 retary— 

4 (A) shall award a grant to each State 

5 health department; and 

6 (B) may award grants on a competitive 

7 basis to State, local, Tribal, or territorial health 

8 departments. 

9 (2) ALLOCATION.—Of the total amount of 

10 funds awarded as grants under this subsection for a 

11 fiscal year— 

12 (A) not less than 50 percent shall be for 

13 grants to State health departments under para14 graph (1)(A); and 

15 (B) not less than 30 percent shall be for 

16 grants to State, local, Tribal, or territorial 

17 health departments under paragraph (1)(B). 

18 (c) USE OF FUNDS.—A State, local, Tribal, or terri19 torial health department receiving a grant under sub20 section (b) shall use the grant funds to address core public 

21 health infrastructure needs, including those identified in 

22 the accreditation process under subsection (g). 

23 (d) FORMULA GRANTS TO STATE HEALTH DEPART24 MENTS.—In making grants under subsection (b)(1)(A), 


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1 the Secretary shall award funds to each State health de2 partment in accordance with— 

3 (1) a formula based on population size, burden 

4 of preventable disease and disability, and core public 

5 health infrastructure gaps, including those identified 

6 in the accreditation process under subsection (g); 

7 and 

8 (2) application requirements established by the 

9 Secretary, including a requirement that the State 

10 health department submit a plan that demonstrates 

11 to the satisfaction of the Secretary that the State’s 

12 health department will— 

13 (A) address its highest priority core public 

14 health infrastructure needs; and 

15 (B) as appropriate, allocate funds to local 

16 health departments within the State. 

17 (e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIB18 AL, AND TERRITORIAL HEALTH DEPARTMENTS.—In 

19 making grants under subsection (b)(1)(B), the Secretary 

20 shall give priority to applicants demonstrating core public 

21 health infrastructure needs identified in the accreditation 

22 process under subsection (g). 

23 (f) MAINTENANCE OF EFFORT.—The Secretary may 

24 award a grant to an entity under subsection (b) only if 


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1 the entity demonstrates to the satisfaction of the Sec2 retary that— 

3 (1) funds received through the grant will be ex4 pended only to supplement, and not supplant, non5 Federal and Federal funds otherwise available to the 

6 entity for the purpose of addressing core public 

7 health infrastructure needs; and 

8 (2) with respect to activities for which the grant 

9 is awarded, the entity will maintain expenditures of 

10 non-Federal amounts for such activities at a level 

11 not less than the level of such expenditures main12 tained by the entity for the fiscal year preceding the 

13 fiscal year for which the entity receives the grant. 

14 (g) ESTABLISHMENT OF A PUBLIC HEALTH ACCRED15 ITATION PROGRAM.— 

16 (1) IN GENERAL.—The Secretary shall— 

17 (A) develop, and periodically review and 

18 update, standards for voluntary accreditation of 

19 State, local, Tribal, and territorial health de20 partments and public health laboratories for the 

21 purpose of advancing the quality and perform22 ance of such departments and laboratories; and 

23 (B) implement a program to accredit such 

24 health departments and laboratories in accord25 ance with such standards. 


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1 (2) COOPERATIVE AGREEMENT.—The Secretary 

2 may enter into a cooperative agreement with a pri3 vate nonprofit entity to carry out paragraph (1). 

4 (h) REPORT.—The Secretary shall submit to the Con5 gress an annual report on progress being made to accredit 

6 entities under subsection (g), including— 

7 (1) a strategy, including goals and objectives, 

8 for accrediting entities under subsection (g) and 

9 achieving the purpose described in subsection 

10 (g)(1)(A); 

11 (2) identification of gaps in research related to 

12 core public health infrastructure; and 

13 (3) recommendations of priority areas for such 

14 research. 

15 (i) DEFINITION.—In this section, the term ‘‘core pub16 lic health infrastructure’’ includes— 

17 (1) workforce capacity and competency; 

18 (2) laboratory systems; 

19 (3) testing capacity, including test platforms, 

20 mobile testing units, and personnel; 

21 (4) health information, health information sys22 tems, and health information analysis; 

23 (5) disease surveillance; 

24 (6) contact tracing; 

25 (7) communications; 


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1 (8) financing; 

2 (9) other relevant components of organizational 

3 capacity; and 

4 (10) other related activities. 

5 (j) AUTHORIZATION OF APPROPRIATIONS.—To carry 

6 out this section, there are authorized to be appropriated 

7 $6,000,000,000 for the period of fiscal years 2022 

8 through 2026. 

9 SEC. 40002. CORE PUBLIC HEALTH INFRASTRUCTURE AND 

10 ACTIVITIES FOR CDC. 

11 (a) IN GENERAL.—The Secretary, acting through the 

12 Director of the Centers for Disease Control and Preven13 tion, shall expand and improve the core public health in14 frastructure and activities of the Centers for Disease Con15 trol and Prevention to address unmet and emerging public 

16 health needs. 

17 (b) REPORT.—The Secretary shall submit to the Con18 gress an annual report on the activities funded through 

19 this section. 

20 (c) DEFINITION.—In this section, the term ‘‘core 

21 public health infrastructure’’ has the meaning given to 

22 such term in section 40001. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

24 out this section, there is authorized to be appropriated 


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1 $1,000,000,000 for the period of fiscal years 2022 

2 through 2026. 

3 SEC. 40003. HOSPITAL INFRASTRUCTURE. 

4 (a) IN GENERAL.—Section 1610(a) of the Public 

5 Health Service Act (42 U.S.C. 300r(a)) is amended— 

6 (1) in paragraph (1)(A)— 

7 (A) in clause (i), by striking ‘‘or’’ at the 

8 end; 

9 (B) in clause (ii), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(iii) increase capacity and update hospitals 

13 and other medical facilities in order to better serve 

14 communities in need.’’; and 

15 (2) by striking paragraph (3) and inserting the 

16 following: 

17 ‘‘(3) PRIORITY.—In awarding grants under this sub18 section, the Secretary shall give priority to applicants 

19 whose projects will include, by design, public health emer20 gency preparedness or cybersecurity against cyber threats. 

21 ‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— 

22 ‘‘(A) IN GENERAL.—As a condition on receipt 

23 of a grant under this subsection for a project, an en24 tity shall ensure that all of the iron and steel prodVerDate Sep 11 2014 19:33 May 19, 2021 Jkt 019200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\H1848.IH H1848

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1 ucts used in the project are produced in the United 

2 States. 

3 ‘‘(B) APPLICATION.—Subparagraph (A) shall 

4 be waived in any case or category of cases in which 

5 the Secretary finds that— 

6 ‘‘(i) applying subparagraph (A) would be 

7 inconsistent with the public interest; 

8 ‘‘(ii) iron and steel products are not pro9 duced in the United States in sufficient and 

10 reasonably available quantities and of a satis11 factory quality; or 

12 ‘‘(iii) inclusion of iron and steel products 

13 produced in the United States will increase the 

14 cost of the overall project by more than 25 per15 cent. 

16 ‘‘(C) WAIVER.—If the Secretary receives a re17 quest for a waiver under this paragraph, the Sec18 retary shall make available to the public, on an in19 formal basis, a copy of the request and information 

20 available to the Secretary concerning the request, 

21 and shall allow for informal public input on the re22 quest for at least 15 days prior to making a finding 

23 based on the request. The Secretary shall make the 

24 request and accompanying information available by 

25 electronic means, including on the official public 


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1 internet site of the Department of Health and 

2 Human Services. 

3 ‘‘(D) INTERNATIONAL AGREEMENTS.—This 

4 paragraph shall be applied in a manner consistent 

5 with United States obligations under international 

6 agreements. 

7 ‘‘(E) MANAGEMENT AND OVERSIGHT.—The 

8 Secretary may retain up to 0.25 percent of the funds 

9 appropriated for this subsection for management 

10 and oversight of the requirements of this paragraph. 

11 ‘‘(F) EFFECTIVE DATE.—This paragraph does 

12 not apply with respect to a project if a State agency 

13 approves the engineering plans and specifications for 

14 the project, in that agency’s capacity to approve 

15 such plans and specifications prior to a project re16 questing bids, prior to the date of enactment of this 

17 paragraph. 

18 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—To 

19 carry out this subsection, there is authorized to be appro20 priated $2,000,000,000 for each of fiscal years 2022 

21 through 2026.’’. 

22 (b) TECHNICAL UPDATE.—Section 1610(b) of the 

23 Public Health Service Act (42 U.S.C. 300r(b)) is amended 

24 by striking paragraph (3). 


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1 SEC. 40004. PILOT PROGRAM TO IMPROVE LABORATORY IN2 FRASTRUCTURE. 

3 (a) IN GENERAL.—The Secretary shall award grants 

4 to States and political subdivisions of States to support 

5 the improvement, renovation, or modernization of infra6 structure at clinical laboratories (as defined in section 353 

7 of the Public Health Service Act (42 U.S.C. 263a)) that 

8 will help to improve SARS–CoV–2 and COVID–19 testing 

9 and response activities, including the expansion and en10 hancement of testing capacity at such laboratories. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

12 out this section, there is authorized to be appropriated 

13 $4,500,000,000 for the period of fiscal years 2022 

14 through 2026. 

15 SEC. 40005. 21ST CENTURY INDIAN HEALTH PROGRAM HOS16 PITALS AND OUTPATIENT HEALTH CARE FA17 CILITIES. 

18 The Indian Health Care Improvement Act is amend19 ed by inserting after section 301 of such Act (25 U.S.C. 

20 1631) the following: 

21 ‘‘SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, 

22 CONSTRUCTION, MODERNIZATION, AND REN23 OVATION OF HOSPITALS AND OUTPATIENT 

24 HEALTH CARE FACILITIES. 

25 ‘‘(a) ADDITIONAL FUNDING.—For the purpose de26 scribed in subsection (b), in addition to any other funds 


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1 available for such purpose, there is authorized to be appro2 priated $5,000,000,000 for the period of fiscal years 2022 

3 through 2026. 

4 ‘‘(b) PURPOSE.—The purpose described in this sub5 section is the planning, design, construction, moderniza6 tion, and renovation of hospitals and outpatient health 

7 care facilities that are funded, in whole or part, by the 

8 Service through, or provided for in, a contract or compact 

9 with the Service under the Indian Self-Determination and 

10 Education Assistance Act (25 U.S.C. 5301 et seq.), in11 cluding to address COVID–19 and other subsequent pub12 lic health crises.’’. 

13 SEC. 40006. PILOT PROGRAM TO IMPROVE COMMUNITY14 BASED CARE INFRASTRUCTURE. 

15 (a) IN GENERAL.—The Secretary may award grants 

16 to qualified teaching health centers (as defined in section 

17 340H of the Public Health Service Act (42 U.S.C. 256h)) 

18 and behavioral health care centers (as defined by the Sec19 retary, to include both substance abuse and mental health 

20 care facilities) to support the improvement, renovation, or 

21 modernization of infrastructure at such centers, including 

22 to address COVID–19 and other subsequent public health 

23 crises. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

25 out this section, there is authorized to be appropriated 


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1 $500,000,000 for the period of fiscal years 2022 through 

2 2026. 

3 SEC. 40007. COMMUNITY HEALTH CENTER CAPITAL 

4 PROJECT FUNDING. 

5 Section 10503 of the Patient Protection and Afford6 able Care Act (42 U.S.C. 254b–2) is amended by striking 

7 subsection (c) and inserting the following: 

8 ‘‘(c) CAPITAL PROJECTS.— 

9 ‘‘(1) IN GENERAL.—There is authorized to be 

10 appropriated to the CHC Fund to be transferred to 

11 the Secretary of Health and Human Services for 

12 capital projects of the community health center pro13 gram under section 330 of the Public Health Service 

14 Act, $10,000,000,000 for the period of fiscal years 

15 2022 through 2026. 

16 ‘‘(2) EXPEDITED AWARDS.—The Secretary of 

17 Health and Human Services shall take such steps as 

18 may be necessary to expedite the award of grants for 

19 capital projects pursuant to paragraph (1) and en20 sure that some such awards are made during fiscal 

21 year 2022.’’. 

22 SEC. 40008. ENERGY EFFICIENCY. 

23 (a) IN GENERAL.—As a condition on receipt of a 

24 grant for a project under section 40004 or 40006, or 

25 under section 1610(a) of the Public Health Service Act, 


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1 as amended by section 40003, section 301A of the Indian 

2 Health Care Improvement Act, as added by section 40005, 

3 or section 10503(c) of the Patient Protection and Afford4 able Care Act, as amended by section 40007, a grant re5 cipient shall ensure that the project increases— 

6 (1) energy efficiency; 

7 (2) energy resilience; or 

8 (3) the use of renewable energy. 

9 (b) APPLICATION.—Subsection (a) shall be waived in 

10 any case or category of cases in which the Secretary finds 

11 that applying subsection (a)— 

12 (1) would be inconsistent with the public inter13 est; or 

14 (2) will increase the cost of the overall project 

15 by more than 25 percent. 

16 (c) WAIVER.—If the Secretary receives a request for 

17 a waiver under this section, the Secretary shall make avail18 able to the public, on an informal basis, a copy of the re19 quest and information available to the Secretary con20 cerning the request, and shall allow for informal public 

21 input on the request for at least 15 days prior to making 

22 a finding based on the request. The Secretary shall make 

23 the request and accompanying information available by 

24 electronic means, including on the official public internet 

25 site of the Department of Health and Human Services. 


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1 (d) MANAGEMENT AND OVERSIGHT.—The Secretary 

2 may retain up to 0.25 percent of the funds appropriated 

3 for this the provisions of law referred to in subsection (a) 

4 for management and oversight of the requirements of this 

5 section. 

6 (e) EFFECTIVE DATE.—This section does not apply 

7 with respect to a project if a State agency approves the 

8 engineering plans and specifications for the project, in 

9 that agency’s capacity to approve such plans and specifica10 tions prior to a project requesting bids, prior to the date 

11 of enactment of this section. 

12 TITLE V—BROWNFIELDS 

13 REDEVELOPMENT 

14 SEC. 50001. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 104(k)(13) of the Comprehensive Environ16 mental Response, Compensation, and Liability Act of 

17 1980 (42 U.S.C. 9604(k)(13)) is amended to read as fol18 lows: 

19 ‘‘(13) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection— 

22 ‘‘(A) $350,000,000 for fiscal year 2022; 

23 ‘‘(B) $400,000,000 for fiscal year 2023; 

24 ‘‘(C) $450,000,000 for fiscal year 2024; 


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1 ‘‘(D) $500,000,000 for fiscal year 2025; 

2 and 

3 ‘‘(E) $550,000,000 for fiscal year 2026.’’. 

4 SEC. 50002. STATE RESPONSE PROGRAMS. 

5 Section 128(a)(3) of the Comprehensive Environ6 mental Response, Compensation, and Liability Act of 

7 1980 (42 U.S.C. 9628(a)(3)) is amended to read as fol8 lows: 

9 ‘‘(3) FUNDING.—There is authorized to be ap10 propriated to carry out this subsection— 

11 ‘‘(A) $70,000,000 for fiscal year 2022; 

12 ‘‘(B) $80,000,000 for fiscal year 2023; 

13 ‘‘(C) $90,000,000 for fiscal year 2024; 

14 ‘‘(D) $100,000,000 for fiscal year 2025; 

15 and 

16 ‘‘(E) $110,000,000 for fiscal year 2026.’’. 

Æ 


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