I 

116TH CONGRESS 

1ST SESSION H. R. 2741 

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 

MAY 15, 2019 

Mr. PALLONE (for himself, Mr. RUSH, Ms. ESHOO, Mr. ENGEL, 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. LUJA ́N, Mr. TONKO, Ms. CLARKE of 

New York, Mr. LOEBSACK, Mr. SCHRADER, Mr. KENNEDY, Mr. 

CA ́RDENAS, Mr. RUIZ, Mr. PETERS, Mrs. DINGELL, Mr. VEASEY, Ms. 

KUSTER of New Hampshire, Ms. KELLY of Illinois, Ms. BARRAGA ́N, Mr. 

MCEACHIN, Ms. BLUNT ROCHESTER, Mr. SOTO, and Mr. O’HALLERAN) 

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, Science, Space, and Technology, Ways and Means, Transportation and Infrastructure, and Education and Labor, 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’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

INFRASTRUCTURE 

Subtitle A—Broadband Internet Access Service Program 

Sec. 11001. Expansion of broadband access. 

Subtitle B—Next Generation 9–1–1 

Sec. 12001. Short title. 

Sec. 12002. Findings. 

Sec. 12003. Sense of Congress. 

Sec. 12004. Statement of policy. 

Sec. 12005. Coordination of Next Generation 9–1–1 implementation. 

Sec. 12006. Savings provision. 

Subtitle C—Broadband Infrastructure Finance and Innovation 

Sec. 13001. Short title. 

Sec. 13002. Definitions. 

Sec. 13003. Determination of eligibility and project selection. 

Sec. 13004. Secured loans. 

Sec. 13005. Lines of credit. 

Sec. 13006. Alternative prudential lending standards for small projects. 

Sec. 13007. Program administration. 

Sec. 13008. State and local permits. 

Sec. 13009. Regulations. 

Sec. 13010. Funding. 

Sec. 13011. Reports to Congress. 

TITLE II—DRINKING WATER INFRASTRUCTURE 

Subtitle A—PFAS Infrastructure Grant Program 

Sec. 21001. Short title. 

Sec. 21002. Establishment of PFAS Infrastructure Grant Program. 


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Sec. 21003. Definition. 

Subtitle B—Extensions 

Sec. 22001. Funding. 

Sec. 22002. American iron and steel products. 

TITLE III—CLEAN ENERGY INFRASTRUCTURE 

Subtitle A—Grid Security and Modernization 

PART 1—ENHANCING ELECTRIC INFRASTRUCTURE RESILIENCE, 

RELIABILITY, AND ENERGY SECURITY

Sec. 31101. Program to enhance electric infrastructure resilience, reliability, 

and energy security. 

PART 2—21ST CENTURY POWER GRID

Sec. 31201. Grant program for grid modernization projects. 

Sec. 31202. Interregional transmission planning report. 

PART 3—ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM

Sec. 31301. Energy Efficient Transformer Rebate Program. 

PART 4—STRATEGIC TRANSFORMER RESERVE PROGRAM

Sec. 31401. 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—SMART BUILDING ACCELERATION

Sec. 32201. Short title. 

Sec. 32202. Findings. 

Sec. 32203. Definitions. 

Sec. 32204. Federal smart building program. 

Sec. 32205. Survey of private sector smart buildings. 

Sec. 32206. Leveraging existing programs. 

Sec. 32207. Report. 

PART 3—WEATHERIZATION ASSISTANCE PROGRAM

Sec. 32301. Short title. 

Sec. 32302. Weatherization assistance program. 

Sec. 32303. Report on waivers. 

PART 4—SMART ENERGY AND WATER EFFICIENCY

Sec. 32401. Short title. 

Sec. 32402. Smart energy and water efficiency program. 

PART 5—ACCELERATED ADOPTION OF ENERGY EFFICIENT ENGINES AND

VEHICLES


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Sec. 32501. Reauthorization of diesel emissions reduction program. 

Sec. 32502. Reauthorization of clean school buses program. 

PART 6—ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES

Sec. 32601. Grants for energy efficiency improvements and renewable energy 

improvements at public school facilities. 

PART 7—HOMEOWNER MANAGING ENERGY SAVINGS

Sec. 32701. Short title. 

Sec. 32702. Definitions. 

Sec. 32703. Home Energy Savings Retrofit Rebate Program. 

Sec. 32704. Contractors. 

Sec. 32705. Rebate aggregators. 

Sec. 32706. Quality assurance providers. 

Sec. 32707. Transferability of home energy savings rebate. 

Sec. 32708. Home Energy Savings Retrofit Rebate Program. 

Sec. 32709. Grants to States and Indian Tribes. 

Sec. 32710. Quality assurance program. 

Sec. 32711. Evaluation report to Congress. 

Sec. 32712. Administration. 

Sec. 32713. Treatment of rebates. 

Sec. 32714. Penalties. 

Sec. 32715. Funding. 

Sec. 32716. Pilot program. 

Subtitle C—Energy Supply Infrastructure 

PART 1—LOW-INCOME SOLAR

Sec. 33101. Short title. 

Sec. 33102. Loan and grant program for solar installations in low-income and 

underserved areas. 

PART 2—SAFE, AFFORDABLE, AND ENVIRONMENTALLY SOUND NATURAL

GAS DISTRIBUTION

Sec. 33201. Improving the natural gas distribution system. 

PART 3—CLEAN DISTRIBUTED ENERGY PROGRAM

Sec. 33301. Short title. 

Sec. 33302. Definitions. 

Sec. 33303. Distributed energy loan program. 

Sec. 33304. Technical assistance and grant program. 

PART 4—STRATEGIC PETROLEUM RESERVE IMPROVEMENTS

Sec. 33401. Strategic Petroleum Reserve improvements. 

PART 5—REFINED PRODUCT RESERVES

Sec. 33501. Refined product reserves. 

PART 6—DEPARTMENT OF ENERGY OFFICE OF INDIAN ENERGY

Sec. 33601. Amendment to reauthorize programs to assist Indian Tribes. 


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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 Network program. 

PART 3—ELECTRIC VEHICLE INFRASTRUCTURE

Sec. 34301. Statement of national policy. 

Sec. 34302. Definitions. 

Sec. 34303. Model building code for electric vehicle supply equipment. 

Sec. 34304. Utility electric vehicle charging programs. 

Sec. 34305. State transportation electrification planning grants. 

Sec. 34306. Electric vehicle supply equipment coordination. 

Sec. 34307. Authorization of appropriations. 

TITLE IV—HEALTH CARE INFRASTRUCTURE 

Subtitle A—Hospital Infrastructure 

Sec. 41001. Hospital infrastructure. 

Subtitle B—Indian Health Program Health Care Infrastructure 

Sec. 42001. 21st century Indian health program hospitals and outpatient 

health care facilities. 

Subtitle C—Laboratory Infrastructure 

Sec. 43001. Pilot program to improve laboratory infrastructure. 

Subtitle D—Community-Based Care Infrastructure 

Sec. 44001. Pilot program to improve community-based care infrastructure. 

Subtitle E—Public Health Infrastructure 

Sec. 45001. Public health data system transformation. 

Sec. 45002. Core public health infrastructure for State, local, and Tribal health 

departments. 

Sec. 45003. Core public health infrastructure and activities for CDC. 

TITLE V—BROWNFIELDS REDEVELOPMENT 

Sec. 50001. Authorization of appropriations. 

Sec. 50002. State response programs. 


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1 TITLE I—BROADBAND AND NEXT 

2 GENERATION 9–1–1 INFRA3 STRUCTURE 

4 Subtitle A—Broadband Internet 

5 Access Service Program 

6 SEC. 11001. EXPANSION OF BROADBAND ACCESS. 

7 Title I of the Communications Act of 1934 (47 

8 U.S.C. 151 et seq.) is amended by adding at the end the 

9 following new section: 

10 ‘‘SEC. 14. EXPANSION OF BROADBAND ACCESS. 

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

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

13 Commission, in consultation with the Assistant Secretary, 

14 shall establish a program to expand access to broadband 

15 for unserved areas, underserved areas, and unserved an16 chor institutions in accordance with the requirements of 

17 this section that— 

18 ‘‘(1) is separate from any universal service pro19 gram established pursuant to section 254; and 

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

21 designated as eligible telecommunications carriers 

22 under section 214(e). 

23 ‘‘(b) USE OF PROGRAM FUNDS.— 

24 ‘‘(1) EXPANDING ACCESS TO BROADBAND

25 THROUGH NATIONAL REVERSE AUCTION.—Not later 


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1 than 18 months after the date of the enactment of 

2 this section, the Commission shall award 75 percent 

3 of the amounts appropriated under subsection (h) 

4 through a national reverse auction to funding recipi5 ents only to expand access to broadband in unserved 

6 areas. 

7 ‘‘(2) EXPANDING ACCESS TO BROADBAND

8 THROUGH STATES.— 

9 ‘‘(A) DISTRIBUTION OF FUNDS TO

10 STATES.—Not later than 255 days after the 

11 date of the enactment of this section, the Com12 mission shall distribute 25 percent of the 

13 amounts appropriated under subsection (h) 

14 among the States, in direct proportion to the 

15 population of each State. 

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

17 days after the date of the enactment of this sec18 tion, the Commission shall issue a public notice 

19 informing each State and the public of the 

20 amounts to be distributed under this para21 graph. The notice shall include— 

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

23 inform the Commission of that State’s ac24 ceptance or acceptance in part of the 


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1 amounts to be distributed under this para2 graph; 

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

4 the date on which the public notice is 

5 issued) by which such acceptance or ac6 ceptance in part is due; and 

7 ‘‘(iii) the requirements as set forth 

8 under this section and as may be further 

9 prescribed by the Commission. 

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

11 than 30 days after the date on which the public 

12 notice is issued under subparagraph (B), each 

13 State accepting amounts to be distributed 

14 under this paragraph shall inform the Commis15 sion of the acceptance or acceptance in part by 

16 the State of the amounts to be distributed 

17 under this paragraph in the manner described 

18 by the Commission in the public notice. 

19 ‘‘(D) REQUIREMENTS FOR STATE RECEIPT

20 OF AMOUNTS DISTRIBUTED.—Each State ac21 cepting amounts distributed under this para22 graph— 

23 ‘‘(i) shall only award such amounts 

24 through a statewide reverse auction or auc25 tions, in the manner prescribed by the 


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1 State but subject to the requirements as 

2 set forth under this section and as may be 

3 further prescribed by the Commission; 

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

5 ‘‘(I) to funding recipients to ex6 pand access to broadband in unserved 

7 areas; 

8 ‘‘(II) to funding recipients to ex9 pand access to broadband to unserved 

10 anchor institutions; or 

11 ‘‘(III) to funding recipients to ex12 pand access to broadband in under13 served areas, but only if a State does 

14 not have, or no longer has, any 

15 unserved areas; 

16 ‘‘(iii) shall conduct separate reverse 

17 auctions for awards made to unserved an18 chor institutions under clause (ii)(II), if a 

19 State awards any funding provided by this 

20 section to unserved anchor institutions; 

21 ‘‘(iv) shall return any unused portion 

22 of such amounts to the Commission within 

23 10 years after the date of the enactment of 

24 this section and shall submit a certification 

25 to the Commission before receiving such 


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1 amounts that the State will return such 

2 amounts; and 

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

4 of the amounts distributed under this 

5 paragraph to administer a reverse auction 

6 or auctions authorized by this paragraph. 

7 ‘‘(E) DISTRIBUTION OF REMAINING

8 FUNDS.—In the case of any amounts remaining 

9 after the amounts appropriated are distributed 

10 as described in subparagraph (A), the Commis11 sion shall transfer such amounts to the grant 

12 program established under section 159 of the 

13 National Telecommunications and Information 

14 Administration Organization Act. 

15 ‘‘(3) COORDINATION OF FEDERAL AND STATE

16 FUNDING.—The Commission shall establish proc17 esses through the rulemaking under subsection (e) 

18 to— 

19 ‘‘(A) enable States to conduct statewide re20 verse auctions as part of, or in coordination 

21 with, the national reverse auction; 

22 ‘‘(B) assist States in conducting statewide 

23 reverse auctions; 

24 ‘‘(C) coordinate with States to ensure that 

25 program funds awarded by the Commission and 


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1 program funds awarded by the States are not 

2 used to expand access to broadband in the same 

3 unserved areas; and 

4 ‘‘(D) coordinate with other Federal pro5 grams that expand access to broadband, such 

6 as the Connect America Fund or the 

7 Broadband e-Connectivity Pilot Program, to en8 sure the efficient use of program funds. 

9 ‘‘(c) PROGRAM REQUIREMENTS.— 

10 ‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.— 

11 Any entity administering a reverse auction (either 

12 the State or the Commission) in making awards may 

13 not favor a project using any particular technology. 

14 ‘‘(2) FUNDS PREFERENCE.—There shall be a 

15 preference, as determined by the entity admin16 istering the reverse auction (either the State or the 

17 Commission), for bidders in a reverse auction pro18 posing projects— 

19 ‘‘(A) with at least 20 percent matching 

20 funds from private sources; 

21 ‘‘(B) that would expand access to 

22 broadband on tribal lands, as defined by the 

23 Commission; 

24 ‘‘(C) that would provide higher speeds than 

25 those specified in subsection (d)(2); 


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1 ‘‘(D) that would expand access to 

2 broadband in advance of the time specified in 

3 subsection (e)(5); or 

4 ‘‘(E) that would expand access to 

5 broadband to areas where the median household 

6 income is below 150 percent of the poverty 

7 threshold as defined by the Bureau of the Cen8 sus. 

9 ‘‘(3) UNSERVED AND UNDERSERVED AREAS.— 

10 In determining whether an area is an unserved area 

11 or an underserved area or whether an anchor insti12 tution is an unserved anchor institution for any re13 verse auction authorized under this section, the 

14 Commission shall implement the following require15 ments through the rulemaking described in sub16 section (e): 

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

19 whether an area is an unserved area or an un20 derserved area or whether an anchor institution 

21 is an unserved anchor institution, the Commis22 sion shall— 

23 ‘‘(i) to the extent practicable, use the 

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1 dated pursuant to the Consolidated Appro2 priations Act, 2018 (Public Law 115–141); 

3 ‘‘(ii) consider other data on access to 

4 broadband obtained or purchased by the 

5 Commission; 

6 ‘‘(iii) consider other publicly available 

7 data or information on access to 

8 broadband; 

9 ‘‘(iv) consider other publicly available 

10 data or information on State broadband 

11 deployment programs; and 

12 ‘‘(v) not determine an area is not an 

13 unserved area or an underserved area on 

14 the basis that one location within such 

15 area does not meet the definition of an 

16 unserved area or an underserved area. 

17 ‘‘(B) INITIAL DETERMINATION.—The 

18 Commission shall make an initial determination 

19 of the areas that are unserved areas or under20 served areas and which anchor institutions are 

21 unserved anchor institutions not later than 270 

22 days after the date of the enactment of this sec23 tion. 

24 ‘‘(C) CHALLENGE OF DETERMINATION.— 


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1 ‘‘(i) IN GENERAL.—The Commission 

2 shall provide for a process for challenging 

3 any initial determination regarding wheth4 er an area is an unserved area or an un5 derserved area or whether an anchor insti6 tution is an unserved anchor institution 

7 that, at a minimum, provides not less than 

8 45 days for a person to voluntarily submit 

9 information concerning— 

10 ‘‘(I) the broadband offered in the 

11 area; or 

12 ‘‘(II) the broadband offered to 

13 the anchor institution. 

14 ‘‘(ii) STREAMLINED PROCESS.—The 

15 Commission shall ensure that such process 

16 is sufficiently streamlined such that a rea17 sonably prudent person may easily partici18 pate to challenge such initial determination 

19 with little burden on such person. 

20 ‘‘(D) FINAL DETERMINATION.—The Com21 mission shall make a final determination of the 

22 areas that are unserved areas or underserved 

23 areas and which anchor institutions are 

24 unserved anchor institutions within 1 year after 

25 the date of the enactment of this section. 


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1 ‘‘(4) NOTICE, TRANSPARENCY, ACCOUNT2 ABILITY, AND OVERSIGHT REQUIRED.—The program 

3 shall contain sufficient notice, transparency, ac4 countability, and oversight measures to provide the 

5 public with notice of the assistance provided under 

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

7 program funds. 

8 ‘‘(5) COMPETENCE.—The program shall contain 

9 sufficient processes and requirements, as established 

10 by the entity administering the reverse auction (ei11 ther the State or the Commission), to ensure fund12 ing recipients participating in such a reverse auc13 tion— 

14 ‘‘(A) are capable of carrying out the 

15 project in a competent manner in compliance 

16 with all applicable Federal, State, and local 

17 laws; and 

18 ‘‘(B) have the financial capacity to meet 

19 the buildout obligations of the project and re20 quirements as set forth under this section and 

21 as may be further prescribed by the Commis22 sion. 

23 ‘‘(6) CONTRACTING REQUIREMENTS.—Any la24 borer or mechanic employed by any contractor or 

25 subcontractor in the performance of work on any 


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1 project under this section shall be paid wages at 

2 rates not less than those prevailing on similar con3 struction in the locality as determined by the Sec4 retary of Labor under subchapter IV of chapter 31 

5 of title 40, United States Code (commonly referred 

6 to as the Davis-Bacon Act). 

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

8 through the program shall meet the following require9 ments: 

10 ‘‘(1) The project shall adhere to quality-of-serv11 ice standards as established by the Commission. 

12 ‘‘(2) The project shall offer broadband with a 

13 download speed of at least 100 megabits per second, 

14 an upload speed of at least 20 megabits per second, 

15 and a latency that is sufficiently low to allow real16 time, interactive applications. 

17 ‘‘(3) For any project that involves laying fiber18 optic cables along a roadway, the project shall in19 clude interspersed conduit access points at regular 

20 and short intervals. 

21 ‘‘(4) The project may not offer broadband that 

22 does not, at a minimum, provide a download speed 

23 of at least 25 megabits per second, an upload speed 

24 of at least 3 megabits per second, and a latency that 


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1 is sufficiently low to allow real-time, interactive ap2 plications. 

3 ‘‘(5) The project shall incorporate prudent cy4 bersecurity and supply chain risk management prac5 tices, as specified by the Commission, through the 

6 rulemaking described in subsection (e), in consulta7 tion with the Director of the National Institute of 

8 Standards and Technology and the Assistant Sec9 retary. 

10 ‘‘(6) The project shall incorporate best prac11 tices, as defined by the Commission, for ensuring re12 liability and resiliency of the network during disas13 ters. 

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

15 the project meet the requirements established under 

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

17 ‘utility’ under such section. 

18 ‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD

19 OF FUNDS.—Not later than 180 days after the date of 

20 the enactment of this section, the Commission, in con21 sultation with the Assistant Secretary, shall promulgate 

22 rules— 

23 ‘‘(1) that implement the requirements of this 

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1 quirements of subsections (a), (b), and (c) and the 

2 project requirements of subsection (d); 

3 ‘‘(2) that establish the design of and rules for 

4 the nationwide reverse auction; 

5 ‘‘(3) that establish notice requirements for all 

6 reverse auctions authorized under this section that, 

7 at a minimum, provide the public with notice of— 

8 ‘‘(A) the initial determination of which 

9 areas are unserved areas or underserved areas; 

10 ‘‘(B) the final determination of which 

11 areas are unserved areas or underserved areas 

12 after the process for challenging the initial de13 termination has concluded; 

14 ‘‘(C) which entities have applied to bid for 

15 funding; and 

16 ‘‘(D) the results of any reverse auctions, 

17 including identifying the funding recipients, 

18 which areas each project will serve, the nature 

19 of the service that will be provided by the 

20 project in each of those areas, and how much 

21 funding the funding recipients will receive in 

22 each of those areas; 

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1 out milestones for all reverse auctions authorized 

2 under this section; 

3 ‘‘(5) that establish a maximum buildout time4 frame of four years beginning on the date on which 

5 funding is provided under this section for any 

6 project by a funding recipient for a project under 

7 this section; 

8 ‘‘(6) that establish periodic reporting require9 ments for funding recipients of projects and that 

10 identify, at a minimum, the nature of the service 

11 provided in each area for any reverse auction au12 thorized under this section; 

13 ‘‘(7) that establish standard penalties for the 

14 noncompliance of funding recipients or projects with 

15 the requirements as set forth under this section and 

16 as may be further prescribed by the Commission for 

17 any reverse auction authorized under this section; 

18 ‘‘(8) that establish procedures for recovery of 

19 funds, in whole or in part, from funding recipients 

20 in the event of the default or noncompliance of the 

21 funding recipient or project with the requirements 

22 established under this section for any reverse auc23 tion authorized under this section; and 


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1 ‘‘(9) that establish mechanisms to reduce waste, 

2 fraud, and abuse within the program for any reverse 

3 auction authorized under this section. 

4 ‘‘(f) REPORTS REQUIRED.— 

5 ‘‘(1) INSPECTOR GENERAL AND COMPTROLLER

6 GENERAL REPORT.—Not later than June 30 and 

7 December 31 of each year following the awarding of 

8 the first funds under the program, the Inspector 

9 General of the Commission and the Comptroller 

10 General of the United States shall submit to the 

11 Committees on Energy and Commerce of the House 

12 of Representatives and Commerce, Science, and 

13 Transportation of the Senate a report for the pre14 vious 6 months that reviews the program. Such re15 port shall include any recommendations to address 

16 waste, fraud, and abuse. 

17 ‘‘(2) STATE REPORTS.—Any State that receives 

18 funds under the program shall submit an annual re19 port to the Commission on how such funds were 

20 spent, along with a certification of compliance with 

21 the requirements as set forth under this section and 

22 as may be further prescribed by the Commission, in23 cluding a description of each service provided and 

24 the number of individuals to whom the service was 

25 provided. 


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1 ‘‘(g) DEFINITIONS.—In this section: 

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

3 institution’ means a public or private school, a li4 brary, a medical or healthcare provider, a museum, 

5 a public safety entity, public housing, a community 

6 college, an institution of higher education, or any 

7 other community support organization or agency. 

8 ‘‘(2) AREA.—The term ‘area’ means the geo9 graphic unit of measurement with the greatest level 

10 of granularity reasonably feasible for the Commis11 sion to use in making eligibility determinations 

12 under this section and in meeting the requirements 

13 and deadlines of this section. 

14 ‘‘(3) ASSISTANT SECRETARY.—The term ‘As15 sistant Secretary’ means the Assistant Secretary of 

16 Commerce for Communications and Information. 

17 ‘‘(4) BROADBAND.—The term ‘broadband’— 

18 ‘‘(A) means broadband internet access 

19 service that is a mass-market retail service, or 

20 a service provided to an anchor institution, by 

21 wire or radio that provides the capability to 

22 transmit data to and receive data from all or 

23 substantially all internet endpoints, including 

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1 able the operation of the communications serv2 ice; 

3 ‘‘(B) includes any service that is a func4 tional equivalent of the service described in sub5 paragraph (A); and 

6 ‘‘(C) does not include dial-up internet ac7 cess service. 

8 ‘‘(5) FUNDING RECIPIENT.—The term ‘funding 

9 recipient’ means an entity that receives funding for 

10 a project under this section. 

11 ‘‘(6) PROGRAM.—Unless otherwise indicated, 

12 the term ‘program’ means the program established 

13 under subsection (a). 

14 ‘‘(7) PROJECT.—The term ‘project’ means an 

15 undertaking by a funding recipient under this sec16 tion to construct and deploy infrastructure for the 

17 provision of broadband. 

18 ‘‘(8) REVERSE AUCTION.—The term ‘reverse 

19 auction’ means an auction in which bids are sub20 mitted for a particular project and the bids serving 

21 the most locations for the lowest cost to the entity 

22 administering the reverse auction (either the State 

23 or the Commission), taking into consideration the 

24 funding preferences in subsection (c)(2) are selected 

25 for funding. 


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1 ‘‘(9) UNDERSERVED AREA.—The term ‘under2 served area’ means an area that has access to 

3 broadband offered— 

4 ‘‘(A) with a download speed of at least 25 

5 megabits per second and not more than 99 

6 megabits per second; 

7 ‘‘(B) with an upload speed of at least 10 

8 megabits per second; and 

9 ‘‘(C) with latency that is sufficiently low to 

10 allow real-time, interactive applications. 

11 ‘‘(10) UNSERVED ANCHOR INSTITUTION.—The 

12 term ‘unserved anchor institution’ means an anchor 

13 institution that has no access to broadband or does 

14 not have access to broadband offered— 

15 ‘‘(A) with a download speed of at least 1 

16 gigabit per second; 

17 ‘‘(B) with an upload speed of at least 1 

18 gigabit per second; and 

19 ‘‘(C) with latency that is sufficiently low to 

20 allow multiple, simultaneous, real-time, inter21 active applications. 

22 ‘‘(11) UNSERVED AREA.—The term ‘unserved 

23 area’ means an area that has no access to 

24 broadband or does not have access to broadband of25 fered— 


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

2 megabits per second; 

3 ‘‘(B) with an upload speed of at least 3 

4 megabits per second; and 

5 ‘‘(C) with latency that is sufficiently low to 

6 allow real-time, interactive applications. 

7 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated to the Commission 

9 $40,000,000,000 for fiscal year 2020 to carry out the pro10 gram and such amount is authorized to remain available 

11 for 10 years.’’. 

12 Subtitle B—Next Generation 9–1–1 

13 SEC. 12001. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Next Generation 

15 9–1–1 Act of 2019’’. 

16 SEC. 12002. FINDINGS. 

17 Congress makes the following findings: 

18 (1) The 9–1–1 systems of the United States, 

19 while a model for the entire world, lack the advanced 

20 functionality, interoperability, and capabilities that 

21 come with the adoption of new digital communica22 tions technologies. 

23 (2) Communications technologies currently 

24 available to the public, including first responders 

25 and other public safety personnel, have substantially 


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1 outpaced the legacy communications technologies 

2 still used by most emergency communications cen3 ters in the 9–1–1 systems of the United States. 

4 (3) This lack of modern technology, when cou5 pled with other challenges, is impacting the ability of 

6 the 9–1–1 systems of the United States to efficiently 

7 and effectively provide responses to emergencies. 

8 (4) Modernizing the 9–1–1 systems of the 

9 United States to incorporate the new and evolving 

10 capabilities of broadband voice and data communica11 tions is essential for the safety and security of the 

12 public, including first responders and other public 

13 safety personnel. 

14 (5) Efforts to modernize the 9–1–1 systems of 

15 the United States to date, while laudable and impor16 tant, have been limited due to a lack of funding and 

17 inconsistent or unclear policies related to the govern18 ance, deployment, and operations of Next Genera19 tion 9–1–1. 

20 (6) A nationwide strategy for Next Generation 

21 9–1–1 has become essential to help guide the transi22 tion and create a common framework for implemen23 tation of Next Generation 9–1–1 while preserving 

24 State, regional, and local control over the governance 


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1 and technology choices of the 9–1–1 systems of the 

2 United States. 

3 (7) Accelerated implementation of Next Genera4 tion 9–1–1 will— 

5 (A) increase compatibility with emerging 

6 communications trends; 

7 (B) enhance the flexibility, reliability, and 

8 survivability of the 9–1–1 systems of the United 

9 States during major incidents; 

10 (C) improve emergency response for the 

11 public, including first responders and other 

12 public safety personnel; 

13 (D) promote the interoperability of the 9– 

14 1–1 systems of the United States with emer15 gency response providers including users of the 

16 Nationwide Public Safety Broadband Network 

17 being deployed by the First Responder Network 

18 Authority; and 

19 (E) increase the cost effectiveness of oper20 ating the 9–1–1 systems of the United States. 

21 SEC. 12003. SENSE OF CONGRESS. 

22 It is the sense of Congress that— 

23 (1) the 9–1–1 professionals in the United 

24 States perform important and lifesaving work every 

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1 nologies to perform the work effectively in a world 

2 with digital communications technologies; 

3 (2) the transition from the legacy communica4 tions technologies used in the 9–1–1 systems of the 

5 United States to Next Generation 9–1–1 is a na6 tional priority and a national imperative; 

7 (3) the United States should complete the tran8 sition described in paragraph (2) as soon as prac9 ticable; 

10 (4) the United States should develop a nation11 wide framework that facilitates cooperation among 

12 Federal, State, and local officials on deployment of 

13 Next Generation 9–1–1 in order to meet that goal; 

14 (5) the term ‘‘Public Safety Answering Point’’ 

15 becomes outdated in a broadband environment and 

16 9–1–1 centers are increasingly and appropriately 

17 being referred to as emergency communications cen18 ters; and 

19 (6) 9–1–1 authorities and emergency commu20 nications centers should have sufficient resources to 

21 implement Next Generation 9–1–1, including re22 sources to support associated geographic information 

23 systems (commonly known as ‘‘GIS’’), and cyberse24 curity measures. 


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1 SEC. 12004. STATEMENT OF POLICY. 

2 It is the policy of the United States that— 

3 (1) Next Generation 9–1–1 should be techno4 logically and competitively neutral; 

5 (2) Next Generation 9–1–1 should be interoper6 able; 

7 (3) the governance and control of the 9–1–1 

8 systems of the United States, including Next Gen9 eration 9–1–1, should remain at the State, regional, 

10 and local level; and 

11 (4) individuals in the United States should re12 ceive information on how to best utilize Next Gen13 eration 9–1–1 and on its capabilities and usefulness. 

14 SEC. 12005. COORDINATION OF NEXT GENERATION 9–1–1 IM15 PLEMENTATION. 

16 Part C of title I of the National Telecommunications 

17 and Information Administration Organization Act (47 

18 U.S.C. 901 et seq.) is amended by adding at the end the 

19 following: 

20 ‘‘SEC. 159. COORDINATION OF NEXT GENERATION 9–1–1 IM21 PLEMENTATION. 

22 ‘‘(a) ADDITIONAL FUNCTIONS OF 9–1–1 IMPLEMEN23 TATION COORDINATION OFFICE.— 

24 ‘‘(1) AUTHORITY.—The Office shall implement 

25 the provisions of this section. 

26 ‘‘(2) MANAGEMENT PLAN.— 


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1 ‘‘(A) DEVELOPMENT.—The Assistant Sec2 retary and the Administrator shall develop and 

3 may modify a management plan for the grant 

4 program established under this section, includ5 ing by developing— 

6 ‘‘(i) plans related to the organiza7 tional structure of such program; and 

8 ‘‘(ii) funding profiles for each fiscal 

9 year of the duration of such program. 

10 ‘‘(B) SUBMISSION TO CONGRESS.—Not 

11 later than 90 days after the date of the enact12 ment of this section or 90 days after the date 

13 on which the plan is modified, as applicable, the 

14 Assistant Secretary and the Administrator shall 

15 submit the management plan developed under 

16 subparagraph (A) to— 

17 ‘‘(i) the Committees on Commerce, 

18 Science, and Transportation and Appro19 priations of the Senate; and 

20 ‘‘(ii) the Committees on Energy and 

21 Commerce and Appropriations of the 

22 House of Representatives. 

23 ‘‘(3) PURPOSE OF OFFICE.—The Office shall— 

24 ‘‘(A) take actions, in concert with coordi25 nators designated in accordance with subsection 


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1 (b)(3)(A)(ii), to improve coordination and com2 munication with respect to the implementation 

3 of Next Generation 9–1–1; 

4 ‘‘(B) develop, collect, and disseminate in5 formation concerning practices, procedures, and 

6 technology used in the implementation of Next 

7 Generation 9–1–1; 

8 ‘‘(C) advise and assist eligible entities in 

9 the preparation of implementation plans re10 quired under subsection (b)(3)(A)(iii); 

11 ‘‘(D) receive, review, and recommend the 

12 approval or disapproval of applications for 

13 grants under subsection (b); and 

14 ‘‘(E) oversee the use of funds provided by 

15 such grants in fulfilling such implementation 

16 plans. 

17 ‘‘(4) REPORTS.—The Assistant Secretary and 

18 the Administrator shall provide an annual report to 

19 Congress by the first day of October of each year on 

20 the activities of the Office to improve coordination 

21 and communication with respect to the implementa22 tion of Next Generation 9–1–1. 

23 ‘‘(b) NEXT GENERATION 9–1–1 IMPLEMENTATION

24 GRANTS.— 


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1 ‘‘(1) MATCHING GRANTS.—The Assistant Sec2 retary and the Administrator, acting through the Of3 fice, shall provide grants to eligible entities for— 

4 ‘‘(A) the implementation of Next Genera5 tion 9–1–1; 

6 ‘‘(B) establishing and maintaining Next 

7 Generation 9–1–1; 

8 ‘‘(C) training directly related to Next Gen9 eration 9–1–1; 

10 ‘‘(D) public outreach and education on how 

11 best to use Next Generation 9–1–1 and on its 

12 capabilities and usefulness; and 

13 ‘‘(E) administrative costs associated with 

14 planning and implementation of Next Genera15 tion 9–1–1, including costs related to planning 

16 for and preparing an application and related 

17 materials as required by this section, if— 

18 ‘‘(i) such costs are fully documented 

19 in materials submitted to the Office; and 

20 ‘‘(ii) such costs are reasonable and 

21 necessary and do not exceed 5 percent of 

22 the total grant award. 

23 ‘‘(2) MATCHING REQUIREMENT.—The Federal 

24 share of the cost of a project eligible for a grant 

25 under this section shall not exceed 80 percent. 


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1 ‘‘(3) COORDINATION REQUIRED.—In providing 

2 grants under paragraph (1), the Assistant Secretary 

3 and the Administrator shall require an eligible entity 

4 to certify in its application that— 

5 ‘‘(A) in the case of an eligible entity that 

6 is a State, the entity— 

7 ‘‘(i) has coordinated the application 

8 with the emergency communications cen9 ters located within the jurisdiction of such 

10 entity; 

11 ‘‘(ii) has designated a single officer or 

12 governmental body to serve as the State 

13 point of contact to coordinate the imple14 mentation of Next Generation 9–1–1 for 

15 that State, except that such designation 

16 need not vest such coordinator with direct 

17 legal authority to implement Next Genera18 tion 9–1–1 or to manage emergency com19 munications operations; and 

20 ‘‘(iii) has developed and submitted a 

21 State plan for the coordination and imple22 mentation of Next Generation 9–1–1 

23 that— 


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1 ‘‘(I) ensures interoperability by 

2 requiring the use of commonly accept3 ed standards; 

4 ‘‘(II) enables emergency commu5 nications centers to process, analyze, 

6 and store multimedia, data, and other 

7 information; 

8 ‘‘(III) incorporates the use of ef9 fective cybersecurity resources; 

10 ‘‘(IV) uses open and competitive 

11 request for proposal processes, or the 

12 applicable State equivalent, for de13 ployment of Next Generation 9–1–1; 

14 ‘‘(V) includes input from relevant 

15 emergency communications centers, 

16 regional authorities, local authorities, 

17 and Tribal authorities; and 

18 ‘‘(VI) includes a governance body 

19 or bodies, either by creation of new or 

20 use of existing body or bodies, for the 

21 development and deployment of Next 

22 Generation 9–1–1 that— 

23 ‘‘(aa) includes relevant 

24 stakeholders; and 


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1 ‘‘(bb) consults and coordi2 nates with the State point of con3 tact required by clause (ii); or 

4 ‘‘(B) in the case of an eligible entity that 

5 is not a State, the entity has complied with 

6 clauses (i) and (iii) of subparagraph (A), and 

7 the State in which the entity is located has 

8 complied with clause (ii) of such subparagraph. 

9 ‘‘(4) CRITERIA.— 

10 ‘‘(A) IN GENERAL.—Not later than 9 

11 months after the date of enactment of this sec12 tion, the Assistant Secretary and the Adminis13 trator 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 section. 

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 section; 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 ‘‘(5) GRANT CERTIFICATIONS.—Each applicant 

5 for a grant under this section shall certify to the As6 sistant Secretary and the Administrator at the time 

7 of application, and each applicant that receives such 

8 a grant shall certify to the Assistant Secretary and 

9 the Administrator annually thereafter during any pe10 riod of time the funds from the grant are available 

11 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 interoperability 


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1 by requiring the use of commonly accepted 

2 standards; 

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 to be deployed pursuant to 

9 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 ‘‘(6) CONDITION OF GRANT.—Each applicant 

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1 dition 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 (5), all of the funds from such 

7 grant shall be returned to the Office. 

8 ‘‘(7) 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 ‘‘(8) PROHIBITION.—No grant funds under this 

20 subsection may 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 ‘‘(c) FUNDING AND TERMINATION.— 

4 ‘‘(1) IN GENERAL.—In addition to any funds 

5 authorized for grants under section 158, there is au6 thorized to be appropriated $12,000,000,000 for fis7 cal years 2020 through 2024. 

8 ‘‘(2) ADMINISTRATIVE COSTS.—The Office may 

9 use up to 5 percent of the funds authorized under 

10 this subsection for reasonable and necessary admin11 istrative costs associated with the grant program. 

12 ‘‘(d) DEFINITIONS.—In this section: 

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) COMMONLY ACCEPTED STANDARDS.—The 

20 term ‘commonly accepted standards’ means— 

21 ‘‘(A) the technical standards followed by 

22 the communications industry for network, de23 vice, and Internet Protocol connectivity, includ24 ing but not limited to, standards developed by 

25 the Third Generation Partnership Project 


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1 (3GPP), the Institute of Electrical and Elec2 tronics Engineers (IEEE), the Alliance for 

3 Telecommunications Industry Solutions (ATIS), 

4 the Internet Engineering Taskforce (IETF), 

5 and the International Telecommunications 

6 Union (ITU); and 

7 ‘‘(B) standards that are accredited by a 

8 recognized authority such as the American Na9 tional Standards Institute (ANSI). 

10 ‘‘(3) DESIGNATED 9–1–1 CHARGES.—The term 

11 ‘designated 9–1–1 charges’ means any taxes, fees, or 

12 other charges imposed by a State or other taxing ju13 risdiction that are designated or presented as dedi14 cated to deliver or improve 9–1–1 services, E9–1–1 

15 services, or Next Generation 9–1–1. 

16 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’— 

18 ‘‘(A) means a State, local government, or 

19 a tribal organization (as defined in section 4(l) 

20 of the Indian Self-Determination and Education 

21 Assistance Act (25 U.S.C. 450b(l))); 

22 ‘‘(B) includes public authorities, boards, 

23 commissions, and similar bodies created by one 

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1 graph (A) to coordinate or provide Next Gen2 eration 9–1–1; and 

3 ‘‘(C) does not include any entity that has 

4 failed to submit— 

5 ‘‘(i) the certifications required under 

6 subsection (b)(5); and 

7 ‘‘(ii) the most recently required cer8 tification under subsection (c) within 30 

9 days after the date on which such certifi10 cation is due. 

11 ‘‘(5) 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 ‘‘(6) 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 (47 U.S.C. 101(6)), emergency response 

8 providers includes Federal, State, and local govern9 mental and nongovernmental emergency public safe10 ty, fire, law enforcement, emergency response, emer11 gency medical (including hospital emergency facili12 ties), and related personnel, agencies, and authori13 ties). 

14 ‘‘(7) INTEROPERABLE.—The term ‘interoper15 able’ or ‘interoperability’ means the capability of 

16 emergency communications centers to receive 9–1–1 

17 requests for emergency assistance and related data 

18 such as location information and callback numbers 

19 from the public, then process and share the 9–1–1 

20 requests for emergency assistance and related data 

21 with other emergency communications centers and 

22 emergency response providers, regardless of jurisdic23 tion, equipment, device, software, service provider, or 

24 other relevant factors, and without the need for pro25 prietary interfaces. 


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1 ‘‘(8) NATIONWIDE.—The term ‘nationwide’ 

2 means all States of the United States, the District 

3 of Columbia, Puerto Rico, American Samoa, Guam, 

4 the United States Virgin Islands, the Northern Mar5 iana Islands, any other territory or possession of the 

6 United States, and each federally recognized Indian 

7 tribe. 

8 ‘‘(9) NATIONWIDE PUBLIC SAFETY BROADBAND

9 NETWORK.—The term ‘nationwide public safety 

10 broadband network’ has the meaning given the term 

11 in section 6001 of the Middle Class Tax Relief and 

12 Job Creation Act of 2012 (47 U.S.C. 1401). 

13 ‘‘(10) NEXT GENERATION 9–1–1.—The term 

14 ‘Next Generation 9–1–1’ means an interoperable, se15 cure, Internet Protocol-based system that— 

16 ‘‘(A) employs commonly accepted stand17 ards; 

18 ‘‘(B) enables the appropriate emergency 

19 communications centers to receive, process, and 

20 analyze all types of 9–1–1 requests for emer21 gency assistance; 

22 ‘‘(C) acquires and integrates additional in23 formation useful to handling 9–1–1 requests for 

24 emergency assistance; and 


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1 ‘‘(D) supports sharing information related 

2 to 9–1–1 requests for emergency assistance 

3 among emergency communications centers and 

4 emergency response providers. 

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

6 Next Generation 9–1–1 Implementation Coordina7 tion Office established under section 158 of this 

8 title. 

9 ‘‘(12) STATE.—The term ‘State’ means any 

10 State of the United States, the District of Columbia, 

11 Puerto Rico, American Samoa, Guam, the United 

12 States Virgin Islands, the Northern Mariana Is13 lands, and any other territory or possession of the 

14 United States. 

15 ‘‘(13) SUSTAINABLE FUNDING MECHANISM.— 

16 The term ‘sustainable funding mechanism’ means a 

17 funding mechanism that provides adequate revenues 

18 to cover ongoing expenses, including operations, 

19 maintenance, and upgrades.’’. 

20 SEC. 12006. SAVINGS PROVISION. 

21 Nothing in this subtitle or any amendment made by 

22 this subtitle shall affect any application pending or grant 

23 awarded under section 158 of the National Telecommuni24 cations and Information Administration Organization Act 


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1 (47 U.S.C. 942) prior to date of the enactment of this 

2 Act. 

3 Subtitle C—Broadband Infrastruc4 ture Finance and Innovation 

5 SEC. 13001. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Broadband Infra7 structure Finance and Innovation Act of 2019’’. 

8 SEC. 13002. DEFINITIONS. 

9 In this subtitle: 

10 (1) ASSISTANT SECRETARY.—The term ‘‘Assist11 ant Secretary’’ means the Assistant Secretary of 

12 Commerce for Communications and Information. 

13 (2) BIFIA PROGRAM.—The term ‘‘BIFIA pro14 gram’’ means the broadband infrastructure finance 

15 and innovation program established under this sub16 title. 

17 (3) BROADBAND SERVICE.—The term 

18 ‘‘broadband service’’— 

19 (A) means broadband internet access serv20 ice that is a mass-market retail service, or a 

21 service provided to an entity described in para22 graph (12)(B)(ii), by wire or radio that pro23 vides the capability to transmit data to and re24 ceive data from all or substantially all internet 

25 endpoints, including any capabilities that are 


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1 incidental to and enable the operation of the 

2 communications service; 

3 (B) includes any service that is a func4 tional equivalent of the service described in sub5 paragraph (A); and 

6 (C) does not include dial-up internet access 

7 service. 

8 (4) ELIGIBLE PROJECT COSTS.—The term ‘‘eli9 gible project costs’’ means amounts substantially all 

10 of which are paid by, or for the account of, an obli11 gor in connection with a project, including the cost 

12 of— 

13 (A) development phase activities, including 

14 planning, feasibility analysis, revenue fore15 casting, environmental review, historic preserva16 tion review, permitting, preliminary engineering 

17 and design work, and other preconstruction ac18 tivities; 

19 (B) construction and deployment phase ac20 tivities, including— 

21 (i) construction, reconstruction, reha22 bilitation, replacement, and acquisition of 

23 real property (including land relating to 

24 the project and improvements to land), 

25 equipment, instrumentation, networking 


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1 capability, hardware and software, and dig2 ital network technology; 

3 (ii) environmental mitigation; and 

4 (iii) construction contingencies; and 

5 (C) capitalized interest necessary to meet 

6 market requirements, reasonably required re7 serve funds, capital issuance expenses, and 

8 other carrying costs during construction and 

9 deployment. 

10 (5) FEDERAL CREDIT INSTRUMENT.—The term 

11 ‘‘Federal credit instrument’’ means a secured loan, 

12 loan guarantee, or line of credit authorized to be 

13 made available under the BIFIA program with re14 spect to a project. 

15 (6) INVESTMENT-GRADE RATING.—The term 

16 ‘‘investment-grade rating’’ means a rating of BBB 

17 minus, Baa3, bbb minus, BBB (low), or higher as18 signed by a rating agency to project obligations. 

19 (7) LENDER.—The term ‘‘lender’’ means any 

20 non-Federal qualified institutional buyer (as defined 

21 in section 230.144A(a) of title 17, Code of Federal 

22 Regulations (or any successor regulation), known as 

23 Rule 144A(a) of the Securities and Exchange Com24 mission and issued under the Securities Act of 1933 

25 (15 U.S.C. 77a et seq.)), including— 


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1 (A) a qualified retirement plan (as defined 

2 in section 4974(c) of the Internal Revenue Code 

3 of 1986) that is a qualified institutional buyer; 

4 and 

5 (B) a governmental plan (as defined in 

6 section 414(d) of the Internal Revenue Code of 

7 1986) that is a qualified institutional buyer. 

8 (8) LETTER OF INTEREST.—The term ‘‘letter 

9 of interest’’ means a letter submitted by a potential 

10 applicant prior to an application for credit assistance 

11 in a format prescribed by the Assistant Secretary on 

12 the website of the BIFIA program that— 

13 (A) describes the project and the location, 

14 purpose, and cost of the project; 

15 (B) outlines the proposed financial plan, 

16 including the requested credit assistance and 

17 the proposed obligor; 

18 (C) provides a status of environmental re19 view; and 

20 (D) provides information regarding satis21 faction of other eligibility requirements of the 

22 BIFIA program. 

23 (9) LINE OF CREDIT.—The term ‘‘line of cred24 it’’ means an agreement entered into by the Assist25 ant Secretary with an obligor under section 13005 


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1 to provide a direct loan at a future date upon the 

2 occurrence of certain events. 

3 (10) LOAN GUARANTEE.—The term ‘‘loan guar4 antee’’ means any guarantee or other pledge by the 

5 Assistant Secretary to pay all or part of the prin6 cipal of and interest on a loan or other debt obliga7 tion issued by an obligor and funded by a lender. 

8 (11) OBLIGOR.—The term ‘‘obligor’’ means a 

9 party that— 

10 (A) is primarily liable for payment of the 

11 principal of or interest on a Federal credit in12 strument; and 

13 (B) may be a corporation, company, part14 nership, joint venture, trust, or governmental 

15 entity, agency, or instrumentality. 

16 (12) PROJECT.—The term ‘‘project’’ means a 

17 project— 

18 (A) to construct and deploy infrastructure 

19 for the provision of broadband service; and 

20 (B) that the Assistant Secretary deter21 mines will— 

22 (i) provide access or improved access 

23 to broadband service to consumers residing 

24 in areas of the United States that have no 


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1 access to broadband service or do not have 

2 access to broadband service offered— 

3 (I) with a download speed of at 

4 least 25 megabits per second; 

5 (II) with an upload speed of at 

6 least 3 megabits per second; and 

7 (III) with latency that is suffi8 ciently low to allow real-time, inter9 active applications; or 

10 (ii) provide access or improved access 

11 to broadband service to— 

12 (I) schools, libraries, medical and 

13 healthcare providers, community col14 leges and other institutions of higher 

15 education, and other community sup16 port organizations and entities to fa17 cilitate greater use of broadband serv18 ice by or 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, Renewal 

6 Community or Empowerment Zone 

7 designated by the Department of 

8 Housing and Urban Development, or 

9 Enterprise Community designated by 

10 the Department of Agriculture; or 

11 (IV) public safety agencies. 

12 (13) 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 (14) PUBLIC AUTHORITY.—The term ‘‘public 

18 authority’’ means a Federal, State, county, town, or 

19 township, Indian Tribe, municipal or other local gov20 ernment or instrumentality with authority to fi21 nance, build, operate, or maintain infrastructure for 

22 the provision of broadband service. 

23 (15) 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 (16) 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 13004. 

9 (17) 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 (18) STATE.—The term ‘‘State’’ has the mean14 ing given such term in section 3 of the Communica15 tions Act of 1934 (47 U.S.C. 153). 

16 (19) SUBSIDY AMOUNT.—The term ‘‘subsidy 

17 amount’’ means the amount of budget authority suf18 ficient to cover the estimated long-term cost to the 

19 Federal Government of a Federal credit instru20 ment— 

21 (A) calculated on a net present value basis; 

22 and 

23 (B) excluding administrative costs and any 

24 incidental effects on governmental receipts or 


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1 outlays in accordance with the Federal Credit 

2 Reform Act of 1990 (2 U.S.C. 661 et seq.). 

3 (20) SUBSTANTIAL COMPLETION.—The term 

4 ‘‘substantial completion’’ means, with respect to a 

5 project receiving credit assistance under the BIFIA 

6 program— 

7 (A) the commencement of the provision of 

8 broadband service using the infrastructure 

9 being financed; or 

10 (B) a comparable event, as determined by 

11 the Assistant Secretary and specified in the 

12 credit agreement. 

13 SEC. 13003. DETERMINATION OF ELIGIBILITY AND 

14 PROJECT SELECTION. 

15 (a) ELIGIBILITY.— 

16 (1) IN GENERAL.—A project shall be eligible to 

17 receive credit assistance under the BIFIA program 

18 if— 

19 (A) the entity proposing to carry out the 

20 project submits a letter of interest prior to sub21 mission of a formal application for the project; 

22 and 

23 (B) the project meets the criteria described 

24 in this subsection. 

25 (2) CREDITWORTHINESS.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), to be eligible for assistance 

3 under the BIFIA program, a project shall sat4 isfy applicable creditworthiness standards, 

5 which, at a minimum, shall include— 

6 (i) adequate coverage requirements to 

7 ensure repayment; 

8 (ii) an investment-grade rating from 

9 at least 2 rating agencies on debt senior to 

10 the Federal credit instrument; and 

11 (iii) a rating from at least 2 rating 

12 agencies on the Federal credit instrument. 

13 (B) SMALL PROJECTS.—In order for a 

14 small project to be eligible for assistance under 

15 the BIFIA program, such project shall satisfy 

16 alternative creditworthiness standards that shall 

17 be established by the Assistant Secretary under 

18 section 13006 for purposes of this paragraph. 

19 (3) APPLICATION.—A State, local government, 

20 agency or instrumentality of a State or local govern21 ment, public authority, public-private partnership, or 

22 any other legal entity undertaking the project and 

23 authorized by the Assistant Secretary shall submit a 

24 project application that is acceptable to the Assist25 ant Secretary. 


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1 (4) ELIGIBLE PROJECT COST PARAMETERS FOR

2 INFRASTRUCTURE PROJECTS.—Eligible project costs 

3 shall be reasonably anticipated to equal or exceed 

4 $2,000,000 in the case of a project or program of 

5 projects— 

6 (A) in which the applicant is a local gov7 ernment, instrumentality of local government, 

8 or public authority (other than a public author9 ity that is a Federal or State government or in10 strumentality); 

11 (B) located on a facility owned by a local 

12 government; or 

13 (C) for which the Assistant Secretary de14 termines that a local government is substan15 tially involved in the development of the project. 

16 (5) DEDICATED REVENUE SOURCES.—The ap17 plicable Federal credit instrument shall be repayable, 

18 in whole or in part, from— 

19 (A) amounts charged to— 

20 (i) subscribers of broadband service 

21 for such service; or 

22 (ii) subscribers of any related service 

23 provided over the same infrastructure for 

24 such related service; 

25 (B) user fees; 


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1 (C) payments owing to the obligor under a 

2 public-private partnership; or 

3 (D) other dedicated revenue sources that 

4 also secure or fund the project obligations. 

5 (6) APPLICATIONS WHERE OBLIGOR WILL BE

6 IDENTIFIED LATER.—A State, local government, 

7 agency or instrumentality of a State or local govern8 ment, or public authority may submit to the Assist9 ant Secretary an application under paragraph (3), 

10 under which a private party to a public-private part11 nership will be— 

12 (A) the obligor; and 

13 (B) identified later through completion of 

14 a procurement and selection of the private 

15 party. 

16 (7) BENEFICIAL EFFECTS.—The Assistant Sec17 retary shall determine that financial assistance for 

18 the project under the BIFIA program will— 

19 (A) foster, if appropriate, partnerships 

20 that attract public and private investment for 

21 the project; 

22 (B) enable the project to proceed at an 

23 earlier date than the project would otherwise be 

24 able to proceed or reduce the lifecycle costs (in25 cluding debt service costs) of the project; and 


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1 (C) reduce the contribution of Federal 

2 grant assistance for the project. 

3 (8) PROJECT READINESS.—To be eligible for 

4 assistance under the BIFIA program, the applicant 

5 shall demonstrate a reasonable expectation that the 

6 contracting process for the construction and deploy7 ment of infrastructure for the provision of 

8 broadband service through the project can commence 

9 by no later than 90 days after the date on which a 

10 Federal credit instrument is obligated for the project 

11 under the BIFIA program. 

12 (b) SELECTION AMONG ELIGIBLE PROJECTS.— 

13 (1) ESTABLISHMENT OF APPLICATION PROC14 ESS.—The Assistant Secretary shall establish a roll15 ing application process under which projects that are 

16 eligible to receive credit assistance under subsection 

17 (a) shall receive credit assistance on terms accept18 able to the Assistant Secretary, if adequate funds 

19 are available to cover the subsidy costs associated 

20 with the Federal credit instrument. 

21 (2) PRELIMINARY RATING OPINION LETTER.— 

22 The Assistant Secretary shall require each project 

23 applicant to provide— 

24 (A) a preliminary rating opinion letter 

25 from at least 1 rating agency— 


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1 (i) indicating that the senior obliga2 tions of the project, which may be the Fed3 eral credit instrument, have the potential 

4 to achieve an investment-grade rating; and 

5 (ii) including a preliminary rating 

6 opinion on the Federal credit instrument; 

7 or 

8 (B) in the case of a small project, alter9 native documentation that the Assistant Sec10 retary shall require in the standards established 

11 under section 13006 for purposes of this para12 graph. 

13 (3) TECHNOLOGY NEUTRALITY REQUIRED.—In 

14 selecting projects to receive credit assistance under 

15 the BIFIA program, the Assistant Secretary may 

16 not favor a project using any particular technology. 

17 (c) FEDERAL REQUIREMENTS.— 

18 (1) IN GENERAL.—The following provisions of 

19 law shall apply to funds made available under the 

20 BIFIA program and projects assisted with those 

21 funds: 

22 (A) Title VI of the Civil Rights Act of 

23 1964 (42 U.S.C. 2000d et seq.). 

24 (B) The National Environmental Policy 

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


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1 (C) 54 U.S.C. 300101 et seq. (commonly 

2 referred to as the ‘‘National Historic Preserva3 tion Act’’). 

4 (D) The Uniform Relocation Assistance 

5 and Real Property Acquisition Policies Act of 

6 1970 (42 U.S.C. 4601 et seq.). 

7 (2) NEPA.—No funding shall be obligated for 

8 a project that has not received an environmental cat9 egorical exclusion, a finding of no significant impact, 

10 or a record of decision under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

12 (3) TITLE VI OF THE CIVIL RIGHTS ACT OF

13 1964.—For purposes of title VI of the Civil Rights 

14 Act of 1964 (42 U.S.C. 2000d et seq.), any project 

15 that receives credit assistance under the BIFIA pro16 gram shall be considered a program or activity with17 in the meaning of section 606 of such title (42 

18 U.S.C. 2000d–4a). 

19 (d) APPLICATION PROCESSING PROCEDURES.— 

20 (1) NOTICE OF COMPLETE APPLICATION.—Not 

21 later than 30 days after the date of receipt of an ap22 plication under this section, the Assistant Secretary 

23 shall provide to the applicant a written notice to in24 form the applicant whether— 

25 (A) the application is complete; or 


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1 (B) additional information or materials are 

2 needed to complete the application. 

3 (2) APPROVAL OR DENIAL OF APPLICATION.— 

4 Not later than 60 days after the date of issuance of 

5 the written notice under paragraph (1), the Assist6 ant Secretary shall provide to the applicant a writ7 ten notice informing the applicant whether the As8 sistant Secretary has approved or disapproved the 

9 application. 

10 (3) APPROVAL BEFORE NEPA REVIEW.—Subject 

11 to subsection (c)(2), an application for a project may 

12 be approved before the project receives an environ13 mental categorical exclusion, a finding of no signifi14 cant impact, or a record of decision under the Na15 tional Environmental Policy Act of 1969 (42 U.S.C. 

16 4321 et seq.). 

17 (e) DEVELOPMENT PHASE ACTIVITIES.—Any credit 

18 instrument secured under the BIFIA program may be 

19 used to finance up to 100 percent of the cost of develop20 ment phase activities as described in section 13002(4)(A). 

21 SEC. 13004. SECURED LOANS. 

22 (a) IN GENERAL.— 

23 (1) AGREEMENTS.—Subject to paragraphs (2) 

24 and (3), the Assistant Secretary may enter into 


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1 agreements with one or more obligors to make se2 cured loans, the proceeds of which shall be used— 

3 (A) to finance eligible project costs of any 

4 project selected under section 13003; 

5 (B) to refinance interim construction fi6 nancing of eligible project costs of any project 

7 selected under section 13003; or 

8 (C) to refinance long-term project obliga9 tions or Federal credit instruments, if the refi10 nancing provides additional funding capacity for 

11 the completion, enhancement, or expansion of 

12 any project that— 

13 (i) is selected under section 13003; or 

14 (ii) otherwise meets the requirements 

15 of section 13003. 

16 (2) LIMITATION ON REFINANCING OF INTERIM

17 CONSTRUCTION FINANCING.—A loan under para18 graph (1) shall not refinance interim construction fi19 nancing under paragraph (1)(B)— 

20 (A) if the maturity of such interim con21 struction financing is later than 1 year after 

22 the substantial completion of the project; and 

23 (B) later than 1 year after the date of sub24 stantial completion of the project. 


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1 (3) RISK ASSESSMENT.—Before entering into 

2 an agreement under this subsection, the Assistant 

3 Secretary, in consultation with the Director of the 

4 Office of Management and Budget, shall determine 

5 an appropriate capital reserve subsidy amount for 

6 each secured loan, taking into account each rating 

7 letter provided by a rating agency under section 

8 13003(b)(2)(A)(ii) or, in the case of a small project, 

9 the alternative documentation provided under section 

10 13003(b)(2)(B). 

11 (b) TERMS AND LIMITATIONS.— 

12 (1) IN GENERAL.—A secured loan under this 

13 section with respect to a project shall be on such 

14 terms and conditions and contain such covenants, 

15 representations, warranties, and requirements (in16 cluding requirements for audits) as the Assistant 

17 Secretary determines to be appropriate. 

18 (2) MAXIMUM AMOUNT.—The amount of a se19 cured loan under this section shall not exceed the 

20 lesser of 49 percent of the reasonably anticipated eli21 gible project costs or, if the secured loan is not for 

22 a small project and does not receive an investment23 grade rating, the amount of the senior project obli24 gations. 


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1 (3) PAYMENT.—A secured loan under this sec2 tion— 

3 (A) shall— 

4 (i) be payable, in whole or in part, 

5 from— 

6 (I) amounts charged to— 

7 (aa) subscribers of 

8 broadband service for such serv9 ice; or 

10 (bb) subscribers of any re11 lated service provided over the 

12 same infrastructure for such re13 lated service; 

14 (II) user fees; 

15 (III) payments owing to the obli16 gor under a public-private partner17 ship; or 

18 (IV) other dedicated revenue 

19 sources that also secure the senior 

20 project obligations; and 

21 (ii) include a coverage requirement or 

22 similar security feature supporting the 

23 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 (4) INTEREST RATE.—The interest rate on a 

5 secured loan under this section shall be not less than 

6 the yield on United States Treasury securities of a 

7 similar maturity to the maturity of the secured loan 

8 on the date of execution of the loan agreement. 

9 (5) MATURITY DATE.—The final maturity date 

10 of the secured loan shall be the lesser of— 

11 (A) 35 years after the date of substantial 

12 completion of the project; and 

13 (B) if the useful life of the infrastructure 

14 for the provision of broadband service being fi15 nanced is of a lesser period, the useful life of 

16 the infrastructure. 

17 (6) NONSUBORDINATION.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the secured loan shall not be 

20 subordinated to the claims of any holder of 

21 project obligations in the event of bankruptcy, 

22 insolvency, or liquidation of the obligor. 

23 (B) PREEXISTING INDENTURE.— 

24 (i) IN GENERAL.—The Assistant Sec25 retary shall waive the requirement under 


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1 subparagraph (A) for a public agency bor2 rower that is financing ongoing capital 

3 programs and has outstanding senior 

4 bonds under a preexisting indenture, if— 

5 (I) the secured loan— 

6 (aa) is rated in the A cat7 egory or higher; or 

8 (bb) in the case of a small 

9 project, meets an alternative 

10 standard that the Assistant Sec11 retary shall establish under sec12 tion 13006 for purposes of this 

13 subclause; 

14 (II) the secured loan is secured 

15 and payable from pledged revenues 

16 not affected by project performance, 

17 such as a tax-backed revenue pledge 

18 or a system-backed pledge of project 

19 revenues; and 

20 (III) the BIFIA program share 

21 of eligible project costs is 33 percent 

22 or less. 

23 (ii) LIMITATION.—If the Assistant 

24 Secretary waives the nonsubordination re25 quirement under this subparagraph— 


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1 (I) the maximum credit subsidy 

2 to be paid by the Federal Government 

3 shall be not more than 10 percent of 

4 the principal amount of the secured 

5 loan; and 

6 (II) the obligor shall be respon7 sible for paying the remainder of the 

8 subsidy cost, if any. 

9 (7) FEES.—The Assistant Secretary may estab10 lish fees at a level sufficient to cover all or a portion 

11 of the costs to the Federal Government of making 

12 a secured loan under this section. 

13 (8) NON-FEDERAL SHARE.—The proceeds of a 

14 secured loan under the BIFIA program, if the loan 

15 is repayable from non-Federal funds— 

16 (A) may be used for any non-Federal share 

17 of project costs required under this subtitle; 

18 and 

19 (B) shall not count toward the total Fed20 eral assistance provided for a project for pur21 poses of paragraph (9). 

22 (9) MAXIMUM FEDERAL INVOLVEMENT.—The 

23 total Federal assistance provided for a project re24 ceiving a loan under the BIFIA program shall not 

25 exceed 80 percent of the total project cost. 


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1 (c) REPAYMENT.— 

2 (1) SCHEDULE.—The Assistant Secretary shall 

3 establish a repayment schedule for each secured loan 

4 under this section based 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) COMMENCEMENT.—Scheduled loan repay11 ments of principal or interest on a secured loan 

12 under this section shall commence not later than 5 

13 years after the date of substantial completion of the 

14 project. 

15 (3) DEFERRED PAYMENTS.— 

16 (A) IN GENERAL.—If, at any time after 

17 the date of substantial completion of the 

18 project, the project is unable to generate suffi19 cient revenues to pay the scheduled loan repay20 ments of principal and interest on the secured 

21 loan, the Assistant Secretary may, subject to 

22 subparagraph (C), allow the obligor to add un23 paid principal and interest to the outstanding 

24 balance of the secured loan. 


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1 (B) INTEREST.—Any payment deferred 

2 under subparagraph (A) shall— 

3 (i) continue to accrue interest in ac4 cordance with subsection (b)(4) until fully 

5 repaid; and 

6 (ii) be scheduled to be amortized over 

7 the remaining term of the loan. 

8 (C) CRITERIA.— 

9 (i) IN GENERAL.—Any payment defer10 ral under subparagraph (A) shall be con11 tingent on the project meeting criteria es12 tablished by the Assistant Secretary. 

13 (ii) REPAYMENT STANDARDS.—The 

14 criteria established pursuant to clause (i) 

15 shall include standards for reasonable as16 surance of repayment. 

17 (4) PREPAYMENT.— 

18 (A) USE OF EXCESS REVENUES.—Any ex19 cess revenues that remain after satisfying 

20 scheduled debt service requirements on the 

21 project obligations and secured loan and all de22 posit requirements under the terms of any trust 

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1 plied annually to prepay the secured loan with2 out penalty. 

3 (B) USE OF PROCEEDS OF REFI4 NANCING.—The secured loan may be prepaid at 

5 any time without penalty from the proceeds of 

6 refinancing from non-Federal funding sources. 

7 (d) SALE OF SECURED LOANS.— 

8 (1) IN GENERAL.—Subject to paragraph (2), as 

9 soon as practicable after substantial completion of a 

10 project and after notifying the obligor, the Assistant 

11 Secretary may sell to another entity or reoffer into 

12 the capital markets a secured loan for the project if 

13 the Assistant Secretary determines that the sale or 

14 reoffering can be made on favorable terms. 

15 (2) CONSENT OF OBLIGOR.—In making a sale 

16 or reoffering under paragraph (1), the Assistant 

17 Secretary may not change the original terms and 

18 conditions of the secured loan without the written 

19 consent of the obligor. 

20 (e) LOAN GUARANTEES.— 

21 (1) IN GENERAL.—The Assistant Secretary 

22 may provide a loan guarantee to a lender in lieu of 

23 making a secured loan under this section if the As24 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 

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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. 13005. 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 13003. 

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 13003(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 13003(b)(2)(B) instead of preliminary rating 

17 opinion letters provided under section 

18 13003(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 13006 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 

11 broadband service for such serv12 ice; 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 (6) PERIOD OF AVAILABILITY.—The full 

8 amount of a line of credit under this section, to the 

9 extent not drawn upon, shall be available during the 

10 10-year period beginning on the date of substantial 

11 completion of the project. 

12 (7) RIGHTS OF THIRD-PARTY CREDITORS.— 

13 (A) AGAINST FEDERAL GOVERNMENT.—A 

14 third-party creditor of the obligor shall not have 

15 any right against the Federal Government with 

16 respect to any draw on a line of credit under 

17 this section. 

18 (B) ASSIGNMENT.—An obligor may assign 

19 a line of credit under this section to— 

20 (i) one or more lenders; or 

21 (ii) a trustee on the behalf of such a 

22 lender. 

23 (8) NONSUBORDINATION.— 

24 (A) IN GENERAL.—Except as provided in 

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1 tion shall not be subordinated to the claims of 

2 any holder of project obligations in the event of 

3 bankruptcy, insolvency, or liquidation of the ob4 ligor. 

5 (B) PRE-EXISTING INDENTURE.— 

6 (i) IN GENERAL.—The Assistant Sec7 retary shall waive the requirement of sub8 paragraph (A) for a public agency bor9 rower that is financing ongoing capital 

10 programs and has outstanding senior 

11 bonds under a preexisting indenture, if— 

12 (I) the line of credit— 

13 (aa) is rated in the A cat14 egory or higher; or 

15 (bb) in the case of a small 

16 project, meets an alternative 

17 standard that the Assistant Sec18 retary shall establish under sec19 tion 13006 for purposes of this 

20 subclause; 

21 (II) the BIFIA program loan re22 sulting from a draw on the line of 

23 credit is payable from pledged reve24 nues not affected by project perform25 ance, such as a tax-backed revenue 


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1 pledge or a system-backed pledge of 

2 project revenues; and 

3 (III) the BIFIA program share 

4 of eligible project costs is 33 percent 

5 or less. 

6 (ii) LIMITATION.—If the Assistant 

7 Secretary waives the nonsubordination re8 quirement under this subparagraph— 

9 (I) the maximum credit subsidy 

10 to be paid by the Federal Government 

11 shall be not more than 10 percent of 

12 the principal amount of the secured 

13 loan; and 

14 (II) the obligor shall be respon15 sible for paying the remainder of the 

16 subsidy cost. 

17 (9) FEES.—The Assistant Secretary may estab18 lish fees at a level sufficient to cover all or a portion 

19 of the costs to the Federal Government of providing 

20 a line of credit under this section. 

21 (10) RELATIONSHIP TO OTHER CREDIT INSTRU22 MENTS.—A project that receives a line of credit 

23 under this section also shall not receive a secured 

24 loan or loan guarantee under section 13004 in an 


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1 amount that, combined with the amount of the line 

2 of credit, exceeds 49 percent of eligible project costs. 

3 (c) REPAYMENT.— 

4 (1) TERMS AND CONDITIONS.—The Assistant 

5 Secretary shall establish repayment terms and condi6 tions for each direct loan under this section based 

7 on— 

8 (A) the projected cash flow from project 

9 revenues and other repayment sources; and 

10 (B) the useful life of the infrastructure for 

11 the provision of broadband service being fi12 nanced. 

13 (2) TIMING.—All repayments of principal or in14 terest on a direct loan under this section shall be 

15 scheduled— 

16 (A) to commence not later than 5 years 

17 after the end of the period of availability speci18 fied in subsection (b)(6); and 

19 (B) to conclude, with full repayment of 

20 principal and interest, by the date that is 25 

21 years after the end of the period of availability 

22 specified in subsection (b)(6). 


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1 SEC. 13006. ALTERNATIVE PRUDENTIAL LENDING STAND2 ARDS FOR SMALL PROJECTS. 

3 Not later than 180 days after the date of the enact4 ment of this Act, the Assistant Secretary shall establish 

5 alternative, streamlined prudential lending standards for 

6 small projects receiving credit assistance under the BIFIA 

7 program to ensure that such projects pose no additional 

8 risk to the Federal Government, as compared with 

9 projects that are not small projects. 

10 SEC. 13007. PROGRAM ADMINISTRATION. 

11 (a) REQUIREMENT.—The Assistant Secretary shall 

12 establish a uniform system to service the Federal credit 

13 instruments made available under the BIFIA program. 

14 (b) FEES.—The Assistant Secretary may collect and 

15 spend fees, contingent on authority being provided in ap16 propriations Acts, at a level that is sufficient to cover— 

17 (1) the costs of services of expert firms retained 

18 pursuant to subsection (d); and 

19 (2) all or a portion of the costs to the Federal 

20 Government of servicing the Federal credit instru21 ments. 

22 (c) SERVICER.— 

23 (1) IN GENERAL.—The Assistant Secretary 

24 may appoint a financial entity to assist the Assistant 

25 Secretary in servicing the Federal credit instru26 ments. 


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1 (2) DUTIES.—A servicer appointed under para2 graph (1) shall act as the agent for the Assistant 

3 Secretary. 

4 (3) FEE.—A servicer appointed under para5 graph (1) shall receive a servicing fee, subject to ap6 proval by the Assistant Secretary. 

7 (d) ASSISTANCE FROM EXPERT FIRMS.—The Assist8 ant Secretary may retain the services of expert firms, in9 cluding counsel, in the field of municipal and project fi10 nance to assist in the underwriting and servicing of Fed11 eral credit instruments. 

12 (e) EXPEDITED PROCESSING.—The Assistant Sec13 retary shall implement procedures and measures to econo14 mize the time and cost involved in obtaining approval and 

15 the issuance of credit assistance under the BIFIA pro16 gram. 

17 (f) ASSISTANCE TO SMALL PROJECTS.—Of the 

18 amount appropriated under section 13010(a), and after 

19 the set-aside for administrative expenses under section 

20 13010(b), not less than 20 percent shall be made available 

21 for the Assistant Secretary to use in lieu of fees collected 

22 under subsection (b) for small projects. 

23 SEC. 13008. STATE AND LOCAL PERMITS. 

24 The provision of credit assistance under the BIFIA 

25 program with respect to a project shall not— 


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1 (1) relieve any recipient of the assistance of any 

2 obligation to obtain any required State or local per3 mit or approval with respect to the project; 

4 (2) limit the right of any unit of State or local 

5 government to approve or regulate any rate of re6 turn on private equity invested in the project; or 

7 (3) otherwise supersede any State or local law 

8 (including any regulation) applicable to the construc9 tion or operation of the project. 

10 SEC. 13009. REGULATIONS. 

11 The Assistant Secretary may promulgate such regula12 tions as the Assistant Secretary determines to be appro13 priate to carry out the BIFIA program. 

14 SEC. 13010. FUNDING. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Assistant Sec17 retary to carry out this subtitle $5,000,000,000 for fiscal 

18 year 2020, to remain available until expended. 

19 (b) ADMINISTRATIVE EXPENSES.—Of the amount 

20 appropriated under subsection (a), the Assistant Secretary 

21 may use not more than 5 percent for the administration 

22 of the BIFIA program. 

23 SEC. 13011. REPORTS TO CONGRESS. 

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

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1 after, the Assistant Secretary shall submit to Congress a 

2 report summarizing the financial performance of the 

3 projects that are receiving, or have received, assistance 

4 under the BIFIA program, including a recommendation 

5 as to whether the objectives of the BIFIA program are 

6 best served by— 

7 (1) continuing the program under the authority 

8 of the Assistant Secretary; or 

9 (2) establishing a Federal corporation or feder10 ally sponsored enterprise to administer the program. 

11 (b) APPLICATION PROCESS REPORT.— 

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

13 the date of the enactment of this Act, and annually 

14 thereafter, the Assistant Secretary shall submit to 

15 the Committee on Energy and Commerce of the 

16 House of Representatives and the Committee on 

17 Commerce, Science, and Transportation of the Sen18 ate a report that includes a list of all of the letters 

19 of interest and applications received for assistance 

20 under the BIFIA program during the preceding fis21 cal year. 

22 (2) INCLUSIONS.— 

23 (A) IN GENERAL.—Each report under 

24 paragraph (1) shall include, at a minimum, a 


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1 description of, with respect to each letter of in2 terest and application included in the report— 

3 (i) the date on which the letter of in4 terest or application was received; 

5 (ii) the date on which a notification 

6 was provided to the applicant regarding 

7 whether the application was complete or 

8 incomplete; 

9 (iii) the date on which a revised and 

10 completed application was submitted (if 

11 applicable); 

12 (iv) the date on which a notification 

13 was provided to the applicant regarding 

14 whether the project was approved or dis15 approved; and 

16 (v) if the project was not approved, 

17 the reason for the disapproval. 

18 (B) CORRESPONDENCE.—Each report 

19 under paragraph (1) shall include copies of any 

20 correspondence provided to the applicant in ac21 cordance with section 13003(d). 


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1 TITLE II—DRINKING WATER 

2 INFRASTRUCTURE 

3 Subtitle A—PFAS Infrastructure 

4 Grant Program 

5 SEC. 21001. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Providing Finan7 cial Assistance for Safe Drinking Water Act’’ or the 

8 ‘‘PFAS Drinking Water Act’’. 

9 SEC. 21002. ESTABLISHMENT OF PFAS INFRASTRUCTURE 

10 GRANT PROGRAM. 

11 Part E of the Safe Drinking Water Act (42 U.S.C. 

12 300j et seq.) is amended by adding at the end the fol13 lowing new section: 

14 ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS15 TEMS AFFECTED BY PFAS. 

16 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

17 after the date of enactment of this section, the Adminis18 trator shall establish a program to award grants to af19 fected community water systems to pay for capital costs 

20 associated with the implementation of eligible treatment 

21 technologies. 

22 ‘‘(b) APPLICATIONS.— 

23 ‘‘(1) GUIDANCE.—Not later than 12 months 

24 after the date of enactment of this section, the Ad25 ministrator shall publish guidance describing the 


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1 form and timing for community water systems to 

2 apply for grants under this section. 

3 ‘‘(2) REQUIRED INFORMATION.—The Adminis4 trator shall require a community water system ap5 plying for a grant under this section to submit— 

6 ‘‘(A) information showing the presence of 

7 PFAS in water of the community water system; 

8 and 

9 ‘‘(B) a certification that the treatment 

10 technology in use by the community water sys11 tem at the time of application is not sufficient 

12 to remove all detectable amounts of PFAS. 

13 ‘‘(c) LIST OF ELIGIBLE TREATMENT TECH14 NOLOGIES.—Not later than 150 days after the date of en15 actment of this section, and every two years thereafter, 

16 the Administrator shall publish a list of treatment tech17 nologies that the Administrator determines are effective 

18 at removing all detectable amounts of PFAS from drink19 ing water. 

20 ‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 

21 under this section, the Administrator shall prioritize af22 fected community water systems that— 

23 ‘‘(1) serve a disadvantaged community; 


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1 ‘‘(2) will provide at least a 10 percent cost 

2 share for the cost of implementing an eligible treat3 ment technology; or 

4 ‘‘(3) demonstrate the capacity to maintain the 

5 eligible treatment technology to be implemented 

6 using the grant. 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated to carry out this section 

9 not more than $500,000,000 for each of the fiscal years 

10 2020 through 2024. 

11 ‘‘(f) DEFINITIONS.—In this section: 

12 ‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 

13 The term ‘affected community water system’ means 

14 a community water system that is affected by the 

15 presence of PFAS in the water in the community 

16 water system. 

17 ‘‘(2) DISADVANTAGED COMMUNITY.—The term 

18 ‘disadvantaged community’ has the meaning given 

19 that term in section 1452. 

20 ‘‘(3) ELIGIBLE TREATMENT TECHNOLOGY.— 

21 The term ‘eligible treatment technology’ means a 

22 treatment technology included on the list published 

23 under subsection (c).’’. 


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1 SEC. 21003. DEFINITION. 

2 Section 1401 of the Safe Drinking Water Act (42 

3 U.S.C. 300f) is amended by adding at the end the fol4 lowing: 

5 ‘‘(17) PFAS.—The term ‘PFAS’ means a 

6 perfluoroalkyl or polyfluoroalkyl substance with at 

7 least one fully fluorinated carbon atom.’’. 

8 Subtitle B—Extensions 

9 SEC. 22001. FUNDING. 

10 (a) STATE REVOLVING LOAN FUNDS.—Section 

11 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 

12 300j–12(m)(1)) is amended— 

13 (1) in subparagraph (B), by striking ‘‘and’’; 

14 (2) in subparagraph (C), by striking ‘‘2021.’’ 

15 and inserting ‘‘2021;’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(D) $4,140,000,000 for fiscal year 2022; 

18 ‘‘(E) $4,800,000,000 for fiscal year 2023; 

19 and 

20 ‘‘(F) $5,500,000,000 for fiscal year 

21 2024.’’. 

22 (b) INDIAN RESERVATION DRINKING WATER PRO23 GRAM.—Section 2001(d) of America’s Water Infrastruc24 ture Act of 2018 (Public Law 115–270) is amended by 

25 striking ‘‘2022’’ and inserting ‘‘2024’’. 


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1 (c) VOLUNTARY SCHOOL AND CHILD CARE PROGRAM

2 LEAD TESTING GRANT PROGRAM.—Section 1464(d)(8) of 

3 the Safe Drinking Water Act (42 U.S.C. 300j–24(d)(8)) 

4 is amended by striking ‘‘2021’’ and inserting ‘‘2024’’. 

5 (d) DRINKING WATER FOUNTAIN REPLACEMENT

6 FOR SCHOOLS.—Section 1465(d) of the Safe Drinking 

7 Water Act (42 U.S.C. 300j–25(d)) is amended by striking 

8 ‘‘2021’’ and inserting ‘‘2024’’. 

9 (e) TECHNICAL ASSISTANCE AND GRANTS.—Section 

10 1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 

11 300i–2(g)(6)) is amended by striking ‘‘2021’’ and insert12 ing ‘‘2024’’. 

13 (f) GRANTS FOR STATE PROGRAMS.—Section 

14 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 

15 300j–2(a)(7)) is amended by striking ‘‘2021’’ and insert16 ing ‘‘2024’’. 

17 SEC. 22002. AMERICAN IRON AND STEEL PRODUCTS. 

18 Section 1452(a)(4)(A) of the Safe Drinking Water 

19 Act (42 U.S.C. 300j–12(a)(4)(A)) is amended by striking 

20 ‘‘2023’’ and inserting ‘‘2024’’. 


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1 TITLE III—CLEAN ENERGY 

2 INFRASTRUCTURE 

3 Subtitle A—Grid Security and 

4 Modernization 

5 PART 1—ENHANCING ELECTRIC INFRASTRUC6 TURE RESILIENCE, RELIABILITY, AND EN7 ERGY SECURITY 

8 SEC. 31101. PROGRAM TO ENHANCE ELECTRIC INFRA9 STRUCTURE RESILIENCE, RELIABILITY, AND 

10 ENERGY SECURITY. 

11 (a) PROGRAM.—The Secretary of Energy shall estab12 lish a competitive grant program to provide grants to 

13 States, units of local government, and Indian tribe eco14 nomic development entities to enhance energy security 

15 through measures for electricity delivery infrastructure 

16 hardening and enhanced resilience and reliability. 

17 (b) PURPOSE OF GRANTS.—The Secretary of Energy 

18 may make grants on a competitive basis to enable broader 

19 use of resiliency-related technologies, upgrades, and insti20 tutional measures and practices designed to— 

21 (1) improve the resilience, reliability, and secu22 rity of electricity delivery infrastructure; 

23 (2) improve preparedness and restoration time 

24 to mitigate power disturbances resulting from phys25 ical and cyber attacks, electromagnetic pulse attacks, 


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1 geomagnetic disturbances, seismic events, severe 

2 weather, and climate change; 

3 (3) continue delivery of power to facilities crit4 ical to public health, safety, and welfare, including 

5 hospitals, assisted living facilities, and schools; 

6 (4) continue delivery of power to electricity-de7 pendent essential services, including fueling stations 

8 and pumps, wastewater and sewage treatment facili9 ties, gas pipeline infrastructure, communications 

10 systems, transportation services and systems, and 

11 services provided by emergency first responders; 

12 (5) enhance regional grid resilience and the re13 silience of electricity-dependent regional infrastruc14 ture; and 

15 (6) facilitate greater incorporation of renewable 

16 energy generation into the electric grid. 

17 (c) EXAMPLES.—Resiliency-related technologies, up18 grades, and measures with respect to which grants may 

19 be made under this section include— 

20 (1) hardening or enhanced protection of utility 

21 poles, wiring, cabling, and other distribution compo22 nents, facilities, or structures; 

23 (2) advanced grid technologies capable of iso24 lating or repairing problems remotely, such as ad25 vanced metering infrastructure, high-tech sensors, 


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1 grid monitoring and control systems, and remote re2 configuration and redundancy systems; 

3 (3) cybersecurity products and components; 

4 (4) distributed generation, including back-up 

5 generation to power critical facilities and essential 

6 services, and related integration components, such as 

7 advanced inverter technology; 

8 (5) microgrid systems, including hybrid 

9 microgrid systems for isolated communities; 

10 (6) combined heat and power; 

11 (7) waste heat resources; 

12 (8) non-grid-scale energy storage technologies; 

13 (9) electronically controlled reclosers and simi14 lar technologies for power restoration; 

15 (10) advanced energy analytics technology, such 

16 as internet-based and cloud-based computing solu17 tions and subscription licensing models; 

18 (11) efforts that enhance resilience through 

19 planning, preparation, response, and recovery activi20 ties; 

21 (12) operational capabilities to enhance resil22 ience through rapid response recovery; and 

23 (13) efforts to ensure availability of key critical 

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1 ments, stockpiling and prepositioning, or other 

2 measures. 

3 (d) IMPLEMENTATION.—Specific projects or pro4 grams established, or to be established, pursuant to grants 

5 provided under this section shall be implemented through 

6 grant recipients by public and publicly regulated entities 

7 on a cost-shared basis. 

8 (e) COOPERATION.—In carrying out projects or pro9 grams established, or to be established, pursuant to grants 

10 provided under this section, recipients shall cooperate, as 

11 applicable, with— 

12 (1) State public utility commissions; 

13 (2) State energy offices; 

14 (3) electric infrastructure owners and operators; 

15 and 

16 (4) other entities responsible for maintaining 

17 electric reliability. 

18 (f) DATA AND METRICS.— 

19 (1) IN GENERAL.—To the extent practicable, 

20 grant recipients shall utilize the most current data, 

21 metrics, and frameworks related to— 

22 (A) electricity delivery infrastructure hard23 ening and enhancing resilience and reliability; 

24 and 


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1 (B) current and future threats, including 

2 physical and cyber attacks, electromagnetic 

3 pulse, geomagnetic disturbances, seismic events, 

4 severe weather, and climate change. 

5 (2) METRICS.—Grant recipients shall dem6 onstrate to the Secretary of Energy, with measur7 able and verifiable data, how the deployment of resil8 iency-related technologies, upgrades, and measures 

9 achieve improvements in the resiliency and recovery 

10 of electricity delivery infrastructure and related serv11 ices, including a comparison of data collected before 

12 and after deployment. Metrics for demonstrating im13 provements in resiliency and recovery may include— 

14 (A) power quality during power disturb15 ances when delivered power does not meet 

16 power quality requirements of the customer; 

17 (B) duration of customer interruptions; 

18 (C) number of customers impacted; 

19 (D) cost impacts, including business and 

20 other economic losses; 

21 (E) impacts on electricity-dependent essen22 tial services and critical facilities; and 

23 (F) societal impacts. 

24 (3) FURTHERING ENERGY ASSURANCE

25 PLANS.—Grant recipients shall demonstrate to the 


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1 Secretary of Energy how projects or programs estab2 lished, or to be established, pursuant to grants pro3 vided under this section further applicable State and 

4 local energy assurance plans. 

5 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 $515,000,000 for each of fiscal years 2020 through 2024, 

8 of which not more than $15,000,000 per fiscal year may 

9 be used for administrative expenses. 

10 PART 2—21ST CENTURY POWER GRID 

11 SEC. 31201. GRANT PROGRAM FOR GRID MODERNIZATION 

12 PROJECTS. 

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 application of technologies 

18 to improve monitoring of, advanced controls for, and 

19 prediction of performance of, the distribution sys20 tem; and 

21 (2) projects related to transmission system 

22 interconnections. 

23 (b) ELIGIBLE PROJECTS.—To be eligible for financial 

24 assistance under subsection (a), a project shall— 

25 (1) be designed to— 


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1 (A) improve the resiliency, performance, 

2 and efficiency of the future electric grid, while 

3 ensuring the continued provision of safe, secure, 

4 reliable, and affordable power; or 

5 (B) deploy a new product or technology 

6 that could be used by customers of an electric 

7 utility; and 

8 (2) demonstrate— 

9 (A) secure integration and management of 

10 energy resources, including through distributed 

11 energy generation, combined heat and power, 

12 micro-grids, energy storage, electric vehicles, 

13 energy efficiency, demand response, or intel14 ligent 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 assistance provided under subsection (a) shall in20 clude the development of a cybersecurity plan written in 

21 accordance with guidelines developed by the Secretary. 

22 (d) PRIVACY EFFECTS ANALYSIS.—Each project car23 ried out with assistance provided under subsection (a) 

24 shall include a privacy effects analysis that evaluates the 

25 project in accordance with the Voluntary Code of Conduct 


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1 of the Department of Energy, commonly known as the 

2 ‘‘DataGuard Energy Data Privacy Program’’, or the most 

3 recent revisions to the privacy program of the Depart4 ment. 

5 (e) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi7 ble partnership’’ means a partnership consisting of 

8 two or more entities, which— 

9 (A) may include— 

10 (i) any institution of higher education; 

11 (ii) a National Laboratory; 

12 (iii) a State or a local government or 

13 other public body created by or pursuant 

14 to State law; 

15 (iv) an Indian Tribe; 

16 (v) a Federal power marketing admin17 istration; or 

18 (vi) an entity that develops and pro19 vides technology; and 

20 (B) shall include at least one of any of— 

21 (i) an electric utility; 

22 (ii) a regional transmission organiza23 tion; or 

24 (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 trans16 mission organization’’ have the meanings given those 

17 terms in section 3 of the Federal Power Act (16 

18 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 to carry 


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1 out this section $200,000,000 for each of fiscal years 2020 

2 through 2024, to remain available until expended. 

3 SEC. 31202. INTERREGIONAL TRANSMISSION PLANNING RE4 PORT. 

5 Not later than 6 months after the date of enactment 

6 of this Act, the Secretary of Energy shall submit to Con7 gress a report that— 

8 (1) examines the effectiveness of interregional 

9 transmission planning processes for identifying 

10 transmission projects across regions that provide 

11 economic, reliability, or operational benefits, taking 

12 into consideration the public interest, the integrity of 

13 markets, and the protection of consumers; 

14 (2) evaluates the current architecture of re15 gional electricity grids (including international trans16 mission connections of such grids) that together 

17 comprise the Nation’s electricity grid, with respect 

18 to— 

19 (A) potential growth in renewable energy 

20 generation, including energy generation from 

21 offshore wind; 

22 (B) potential growth in electricity demand; 

23 and 

24 (C) retirement of existing electricity gen25 eration assets; 


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1 (3) analyzes— 

2 (A) the range of benefits that interregional 

3 transmission provides; 

4 (B) the impact of basing transmission 

5 project approvals on a comprehensive assess6 ment of the multiple benefits provided; 

7 (C) synchronization of processes described 

8 in paragraph (1) among neighboring regions; 

9 (D) how often interregional transmission 

10 planning should be completed; 

11 (E) whether voltage, size, or cost require12 ments should be a factor in the approval of 

13 interregional transmission projects; 

14 (F) cost allocation methodologies for inter15 regional transmission projects; and 

16 (G) current barriers and challenges to con17 struction of interregional transmission projects; 

18 and 

19 (4) identifies potential changes, based on the 

20 analysis under paragraph (3), to the processes de21 scribed in paragraph (1) to ensure the most effi22 cient, cost effective, and broadly beneficial trans23 mission projects are selected for construction. 


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1 PART 3—ENERGY EFFICIENT TRANSFORMER 

2 REBATE PROGRAM 

3 SEC. 31301. ENERGY EFFICIENT TRANSFORMER REBATE 

4 PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) QUALIFIED ENERGY EFFICIENT TRANS7 FORMER.—The term ‘‘qualified energy efficient 

8 transformer’’ means a transformer that meets or ex9 ceeds the applicable energy conservation standards 

10 described in the tables in subsection (b)(2) and 

11 paragraphs (1) and (2) of subsection (c) of section 

12 431.196 of title 10, Code of Federal Regulations (as 

13 in effect on the date of enactment of this Act). 

14 (2) QUALIFIED ENERGY INEFFICIENT TRANS15 FORMER.—The term ‘‘qualified energy inefficient 

16 transformer’’ means a transformer with an equal 

17 number of phases and capacity to a transformer de18 scribed in any of the tables in subsection (b)(2) and 

19 paragraphs (1) and (2) of subsection (c) of section 

20 431.196 of title 10, Code of Federal Regulations (as 

21 in effect on the date of enactment of this Act) 

22 that— 

23 (A) does not meet or exceed the applicable 

24 energy conservation standards described in 

25 paragraph (1); and 


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1 (B)(i) was manufactured between January 

2 1, 1985, and December 31, 2006, for a trans3 former with an equal number of phases and ca4 pacity as a transformer described in the table 

5 in subsection (b)(2) of section 431.196 of title 

6 10, Code of Federal Regulations (as in effect on 

7 the date of enactment of this Act); or 

8 (ii) was manufactured between January 1, 

9 1990, and December 31, 2009, for a trans10 former with an equal number of phases and ca11 pacity as a transformer described in the table 

12 in paragraph (1) or (2) of subsection (c) of that 

13 section (as in effect on the date of enactment 

14 of this Act). 

15 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

16 entity’’ means an owner of industrial or manufac17 turing facilities, commercial buildings, or multifamily 

18 residential buildings, a utility, or an energy service 

19 company, that fulfills the requirements of subsection 

20 (c). 

21 (b) ESTABLISHMENT.—Not later than 90 days after 

22 the date of enactment of this Act, the Secretary of Energy 

23 shall establish a program to provide rebates to qualified 

24 entities for expenditures made by the qualified entity for 


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1 the replacement of a qualified energy inefficient trans2 former with a qualified energy efficient transformer. 

3 (c) REQUIREMENTS.—To be eligible to receive a re4 bate under this section, an entity shall submit to the Sec5 retary of Energy an application in such form, at such 

6 time, and containing such information as the Secretary 

7 may require, including demonstrated evidence— 

8 (1) that the entity purchased a qualified energy 

9 efficient transformer; 

10 (2) of the core loss value of the qualified energy 

11 efficient transformer; 

12 (3) of the age of the qualified energy inefficient 

13 transformer being replaced; 

14 (4) of the core loss value of the qualified energy 

15 inefficient transformer being replaced— 

16 (A) as measured by a qualified professional 

17 or verified by the equipment manufacturer, as 

18 applicable; or 

19 (B) for transformers described in sub20 section (a)(2)(B)(i), as selected from a table of 

21 default values as determined by the Secretary 

22 in consultation with applicable industry; and 

23 (5) that the qualified energy inefficient trans24 former has been permanently decommissioned and 

25 scrapped. 


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1 (d) AUTHORIZED AMOUNT OF REBATE.—The 

2 amount of a rebate provided under this section shall be— 

3 (1) for a 3-phase or single-phase transformer 

4 with a capacity of not less than 10 and not greater 

5 than 2,500 kilovolt-amperes, twice the amount equal 

6 to the difference in watts between the core loss value 

7 (as measured in accordance with paragraphs (2) and 

8 (4) of subsection (c)) of— 

9 (A) the qualified energy inefficient trans10 former; and 

11 (B) the qualified energy efficient trans12 former; or 

13 (2) for a transformer described in subsection 

14 (a)(2)(B)(i), the amount determined using a table of 

15 default rebate values by rated transformer output, 

16 as measured in kilovolt-amperes, as determined by 

17 the Secretary in consultation with applicable indus18 try. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $10,000,000 for each of fiscal years 2020 through 2024, 

22 to remain available until expended. 


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1 PART 4—STRATEGIC TRANSFORMER RESERVE 

2 PROGRAM 

3 SEC. 31401. 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 

25 Transformer Resilience and Advanced Components pro26 gram to— 


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1 (1) improve large power transformers and other 

2 critical electric grid equipment by reducing their 

3 vulnerabilities; and 

4 (2) develop, test, and deploy innovative equip5 ment designs that are more flexible and offer greater 

6 resiliency of electric grid functions. 

7 (c) STRATEGIC EQUIPMENT RESERVES.— 

8 (1) AUTHORIZATION.—In carrying out the pro9 gram established under subsection (a), the Secretary 

10 may establish one or more federally owned strategic 

11 equipment reserves, as appropriate, to ensure na12 tionwide access to reserve equipment. 

13 (2) CONSIDERATION.—In establishing any fed14 erally owned strategic equipment reserve, the Sec15 retary may consider existing spare transformer and 

16 equipment programs and requirements established 

17 by the private sector, regional transmission opera18 tors, independent system operators, and State regu19 latory authorities. 

20 (d) CONSULTATION.—The program established under 

21 subsection (a) shall be carried out in consultation with the 

22 Federal Energy Regulatory Commission, the Electricity 

23 Subsector Coordinating Council, the Electric Reliability 

24 Organization, and owners and operators of critical electric 

25 infrastructure and defense and military installations. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $75,000,000 for each of fiscal years 2020 through 2024. 

4 Subtitle B—Energy Efficient 

5 Infrastructure 

6 PART 1—EFFICIENCY GRANTS FOR STATE AND 

7 LOCAL GOVERNMENTS 

8 SEC. 32101. ENERGY EFFICIENT PUBLIC BUILDINGS. 

9 Section 125(c) of the Energy Policy Act of 2005 (42 

10 U.S.C. 15822(c)) is amended by striking ‘‘$30,000,000 

11 for each of fiscal years 2006 through 2010’’ and inserting 

12 ‘‘$100,000,000 for each of fiscal years 2020 through 

13 2024’’. 

14 SEC. 32102. ENERGY EFFICIENCY AND CONSERVATION 

15 BLOCK GRANT PROGRAM. 

16 (a) PURPOSE.—Section 542(b)(1) of the Energy 

17 Independence and Security Act of 2007 (42 U.S.C. 

18 17152(b)(1)) is amended— 

19 (1) in subparagraph (A), by striking ‘‘; and’’ 

20 and inserting a semicolon; 

21 (2) in subparagraph (B), by striking the semi22 colon and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 


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1 ‘‘(C) diversifies energy supplies, including 

2 by facilitating and promoting the use of alter3 native fuels;’’. 

4 (b) USE OF FUNDS.—Section 544(9) of the Energy 

5 Independence and Security Act of 2007 (42 U.S.C. 

6 17154(9)) is amended to read as follows: 

7 ‘‘(9) deployment of energy distribution tech8 nologies that significantly increase energy efficiency 

9 or expand access to alternative fuels, including— 

10 ‘‘(A) distributed resources; 

11 ‘‘(B) district heating and cooling systems; 

12 and 

13 ‘‘(C) infrastructure for delivering alter14 native fuels;’’. 

15 (c) COMPETITIVE GRANTS.—Section 546(c)(2) of the 

16 Energy Independence and Security Act of 2007 (42 

17 U.S.C. 17156(c)(2)) is amended by inserting ‘‘, including 

18 projects to expand the use of alternative fuels’’ before the 

19 period at the end. 

20 (d) FUNDING.—Section 548(a) of the Energy Inde21 pendence and Security Act of 2007 (42 U.S.C. 17158(a)) 

22 is amended to read as follows: 

23 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

24 ‘‘(1) GRANTS.—There is authorized to be ap25 propriated to the Secretary for the provision of 


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1 grants under the program $3,500,000,000 for each 

2 of fiscal years 2020 through 2024. 

3 ‘‘(2) ADMINISTRATIVE COSTS.—There is au4 thorized to be appropriated to the Secretary for ad5 ministrative expenses of the program $35,000,000 

6 for each of fiscal years 2020 through 2024.’’. 

7 (e) TECHNICAL AMENDMENTS.—Section 543 of the 

8 Energy Independence and Security Act of 2007 (42 

9 U.S.C. 17153) is amended— 

10 (1) in subsection (c), by striking ‘‘subsection 

11 (a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and 

12 (2) in subsection (d), by striking ‘‘subsection 

13 (a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 

14 PART 2—SMART BUILDING ACCELERATION 

15 SEC. 32201. SHORT TITLE. 

16 This part may be cited as the ‘‘Smart Building Accel17 eration Act’’. 

18 SEC. 32202. FINDINGS. 

19 Congress finds that— 

20 (1) the building sector uses more than 40 per21 cent of the energy of the United States; 

22 (2) emerging building energy monitoring and 

23 control technologies are enabling a transition of the 

24 building sector to ‘‘smart’’ buildings that have draVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 matically reduced energy use and improved quality 

2 of service to occupants; 

3 (3) an analysis of select private-sector smart 

4 buildings by the Department of Energy would docu5 ment the costs and benefits of the emerging tech6 nologies, promote the adoption of the technologies, 

7 and accelerate the transition to the technologies; 

8 (4) with over 400,000 buildings, the Federal 

9 Government is the largest building owner in the 

10 United States; and 

11 (5) the Federal Government can also accelerate 

12 the transition to smart building technologies by dem13 onstrating and evaluating emerging smart building 

14 technologies using existing programs and funding to 

15 showcase selected Federal smart buildings. 

16 SEC. 32203. DEFINITIONS. 

17 In this part: 

18 (1) DEPARTMENT.—The term ‘‘Department’’ 

19 means the Department of Energy. 

20 (2) PROGRAM.—The term ‘‘program’’ means 

21 the Federal Smart Building Program established 

22 under section 32204(a). 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Energy. 


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1 (4) SMART BUILDING.—The term ‘‘smart build2 ing’’ means a building, or collection of buildings, 

3 with an energy system that— 

4 (A) is flexible and automated; 

5 (B) has extensive operational monitoring 

6 and communication connectivity, allowing re7 mote monitoring and analysis of all building 

8 functions; 

9 (C) takes a systems-based approach in in10 tegrating the overall building operations for 

11 control of energy generation, consumption, and 

12 storage; 

13 (D) communicates with utilities and other 

14 third-party commercial entities, if appropriate; 

15 (E) protects the health and safety of occu16 pants and workers; and 

17 (F) is cybersecure. 

18 (5) SMART BUILDING ACCELERATOR.—The 

19 term ‘‘smart building accelerator’’ means an initia20 tive that is designed to demonstrate specific innova21 tive policies and approaches— 

22 (A) with clear goals and a clear timeline; 

23 and 


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1 (B) that, on successful demonstration, 

2 would accelerate investment in energy effi3 ciency. 

4 (6) INTERNET OF THINGS TECHNOLOGY SOLU5 TION.—The term ‘‘internet of things technology so6 lution’’ means a solution that improves energy effi7 ciency and predictive maintenance through cutting 

8 edge technologies that utilize internet connected 

9 technologies including sensors, intelligent gateways, 

10 and security embedded hardware. 

11 SEC. 32204. FEDERAL SMART BUILDING PROGRAM. 

12 (a) ESTABLISHMENT.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary shall, in 

14 consultation with the Administrator of General Services, 

15 establish a program to be known as the ‘‘Federal Smart 

16 Building Program’’— 

17 (1) to implement smart building technology; 

18 and 

19 (2) to demonstrate the costs and benefits of 

20 smart buildings. 

21 (b) SELECTION.— 

22 (1) IN GENERAL.—The Secretary shall coordi23 nate the selection of not fewer than 1 building from 

24 among each of several key Federal agencies, as de25 scribed in subsection (d), to compose an approVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 priately diverse set of smart buildings based on size, 

2 type, and geographic location. 

3 (2) INCLUSION OF COMMERCIALLY OPERATED

4 BUILDINGS.—In making selections under paragraph 

5 (1), the Secretary may include buildings that are 

6 owned by the Federal Government but are commer7 cially operated. 

8 (c) TARGETS.—Not later than 18 months after the 

9 date of enactment of this Act, the Secretary shall establish 

10 targets for the number of smart buildings to be commis11 sioned and evaluated by key Federal agencies by 3 years 

12 and 6 years after the date of enactment of this Act. 

13 (d) FEDERAL AGENCY DESCRIBED.—The key Fed14 eral agencies referred to subsection (b)(1) shall include 

15 buildings operated by— 

16 (1) the Department of the Army; 

17 (2) the Department of the Navy; 

18 (3) the Department of the Air Force; 

19 (4) the Department; 

20 (5) the Department of the Interior; 

21 (6) the Department of Veterans Affairs; and 

22 (7) the General Services Administration. 

23 (e) REQUIREMENT.—In implementing the program, 

24 the Secretary shall leverage existing financing mechanisms 


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1 including energy savings performance contracts, utility en2 ergy service contracts, and annual appropriations. 

3 (f) EVALUATION.—Using the guidelines of the Fed4 eral Energy Management Program relating to whole-build5 ing evaluation, measurement, and verification, the Sec6 retary shall evaluate the costs and benefits of the buildings 

7 selected under subsection (b), including an identification 

8 of— 

9 (1) which advanced building technologies— 

10 (A) are most cost-effective; and 

11 (B) show the most promise for— 

12 (i) increasing building energy savings; 

13 (ii) increasing service performance to 

14 building occupants; 

15 (iii) reducing environmental impacts; 

16 and 

17 (iv) establishing cybersecurity; and 

18 (2) any other information the Secretary deter19 mines to be appropriate. 

20 (g) AWARDS.—The Secretary may expand awards 

21 made under the Federal Energy Management Program 

22 and the Better Building Challenge to recognize specific 

23 agency achievements in accelerating the adoption of smart 

24 building technologies. 


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1 SEC. 32205. SURVEY OF PRIVATE SECTOR SMART BUILD2 INGS. 

3 (a) SURVEY.—The Secretary shall conduct a survey 

4 of privately owned smart buildings throughout the United 

5 States, including commercial buildings, laboratory facili6 ties, hospitals, multifamily residential buildings, and build7 ings owned by nonprofit organizations and institutions of 

8 higher education. 

9 (b) SELECTION.—From among the smart buildings 

10 surveyed under subsection (a), the Secretary shall select 

11 not fewer than 1 building each from an appropriate range 

12 of building sizes, types, and geographic locations. 

13 (c) EVALUATION.—Using the guidelines of the Fed14 eral Energy Management Program relating to whole-build15 ing evaluation, measurement, and verification, the Sec16 retary shall evaluate the costs and benefits of the buildings 

17 selected under subsection (b), including an identification 

18 of— 

19 (1) which advanced building technologies and 

20 systems— 

21 (A) are most cost-effective; and 

22 (B) show the most promise for— 

23 (i) increasing building energy savings; 

24 (ii) increasing service performance to 

25 building occupants; 


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1 (iii) reducing environmental impacts; 

2 and 

3 (iv) establishing cybersecurity; and 

4 (2) any other information the Secretary deter5 mines to be appropriate. 

6 SEC. 32206. LEVERAGING EXISTING PROGRAMS. 

7 (a) BETTER BUILDING CHALLENGE.—As part of the 

8 Better Building Challenge of the Department, the Sec9 retary, in consultation with major private sector property 

10 owners, shall develop smart building accelerators to dem11 onstrate innovative policies and approaches that will accel12 erate the transition to smart buildings in the public, insti13 tutional, and commercial buildings sectors. 

14 (b) RESEARCH AND DEVELOPMENT.— 

15 (1) IN GENERAL.—The Secretary shall conduct 

16 research and development to address key barriers to 

17 the integration of advanced building technologies 

18 and to accelerate the transition to smart buildings. 

19 (2) INCLUSION.—The research and development 

20 conducted under paragraph (1) shall include re21 search and development on— 

22 (A) achieving whole-building, systems-level 

23 efficiency through smart system and component 

24 integration; 


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1 (B) improving physical components, such 

2 as sensors and controls, to be adaptive, antici3 patory, and networked; 

4 (C) reducing the cost of key components to 

5 accelerate the adoption of smart building tech6 nologies; 

7 (D) data management, including the cap8 ture and analysis of data and the interoper9 ability of the energy systems; 

10 (E) protecting against cybersecurity 

11 threats and addressing security vulnerabilities 

12 of building systems or equipment; 

13 (F) business models, including how busi14 ness models may limit the adoption of smart 

15 building technologies and how to support 

16 transactive energy; 

17 (G) integration and application of com18 bined heat and power systems and energy stor19 age for resiliency; 

20 (H) characterization of buildings and com21 ponents; 

22 (I) consumer and utility protections; 

23 (J) continuous management, including the 

24 challenges of managing multiple energy systems 


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1 and optimizing systems for disparate stake2 holders; 

3 (K) integration of internet of things tech4 nology solutions, including measures to increase 

5 water and energy efficiency, improve water 

6 quality, support real-time utility management, 

7 and enable actionable analytics and predictive 

8 maintenance to improve building systems long9 term viability; and 

10 (L) other areas of research and develop11 ment, as determined appropriate by the Sec12 retary. 

13 SEC. 32207. REPORT. 

14 Not later than 2 years after the date of enactment 

15 of this Act, and every 2 years thereafter until a total of 

16 3 reports have been made, the Secretary shall submit to 

17 the Committee on Energy and Natural Resources of the 

18 Senate and the Committee on Energy and Commerce and 

19 the Committee on Science, Space, and Technology of the 

20 House of Representatives a report on— 

21 (1) the establishment of the Federal Smart 

22 Building Program and the evaluation of Federal 

23 smart buildings under section 32204; 

24 (2) the survey and evaluation of private sector 

25 smart buildings under section 32205; and 


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1 (3) any recommendations of the Secretary to 

2 further accelerate the transition to smart buildings. 

3 PART 3—WEATHERIZATION ASSISTANCE 

4 PROGRAM 

5 SEC. 32301. SHORT TITLE. 

6 This part may be cited as the ‘‘Weatherization En7 hancement and Local Energy Efficiency Investment and 

8 Accountability Act’’. 

9 SEC. 32302. WEATHERIZATION ASSISTANCE PROGRAM. 

10 (a) REAUTHORIZATION OF WEATHERIZATION AS11 SISTANCE PROGRAM.—Section 422 of the Energy Con12 servation and Production Act (42 U.S.C. 6872) is amend13 ed by striking ‘‘appropriated—’’ and all that follows 

14 through ‘‘2012..’’ and inserting ‘‘appropriated 

15 $350,000,000 for each of fiscal years 2020 through 

16 2024.’’. 

17 (b) MODERNIZING THE DEFINITION OF WEATHER18 IZATION MATERIALS.—Section 412(9)(J) of the Energy 

19 Conservation and Production Act (42 U.S.C. 6862(9)(J)) 

20 is amended— 

21 (1) by inserting ‘‘, including renewable energy 

22 technologies and other advanced technologies,’’ after 

23 ‘‘devices or technologies’’; and 

24 (2) by striking ‘‘, after consulting with the Sec25 retary of Housing and Urban Development, the SecVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 retary of Agriculture, and the Director of the Com2 munity Services Administration’’. 

3 (c) CONSIDERATION OF HEALTH BENEFITS.—Sec4 tion 413(b) of the Energy Conservation and Production 

5 Act (42 U.S.C. 6863(b)) is amended— 

6 (1) by redesignating paragraphs (4) through 

7 (6) as paragraphs (5) through (7), respectively; and 

8 (2) by inserting after paragraph (3), the fol9 lowing: 

10 ‘‘(4) The Secretary may amend the regulations pre11 scribed under paragraph (1) to provide that the standards 

12 described in paragraph (2)(A) take into consideration im13 provements in the health and safety of occupants of dwell14 ing units, and other non-energy benefits, from weatheriza15 tion.’’. 

16 (d) CONTRACTOR OPTIMIZATION.— 

17 (1) IN GENERAL.—The Energy Conservation 

18 and Production Act is amended by inserting after 

19 section 414B (42 U.S.C. 6864b) the following: 

20 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 

21 ‘‘(a) IN GENERAL.—The Secretary may request that 

22 entities receiving funding from the Federal Government 

23 or from a State through a weatherization assistance pro24 gram under section 413 or section 414 perform periodic 

25 reviews of the use of private contractors in the provision 


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1 of weatherization assistance, and encourage expanded use 

2 of contractors as appropriate. 

3 ‘‘(b) USE OF TRAINING FUNDS.—Entities described 

4 in subsection (a) may use funding described in such sub5 section to train private, non-Federal entities that are con6 tracted to provide weatherization assistance under a 

7 weatherization program, in accordance with rules deter8 mined by the Secretary.’’. 

9 (2) TABLE OF CONTENTS AMENDMENT.—The 

10 table of contents for the Energy Conservation and 

11 Production Act is amended by inserting after the 

12 item relating to section 414B the following: 

‘‘Sec. 414C. Contractor optimization.’’. 

13 (e) FINANCIAL ASSISTANCE FOR WAP ENHANCE14 MENT AND INNOVATION.— 

15 (1) IN GENERAL.—The Energy Conservation 

16 and Production Act is amended by inserting after 

17 section 414C (as added by subsection (d) of this sec18 tion) the following: 

19 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE20 MENT AND INNOVATION. 

21 ‘‘(a) PURPOSES.—The purposes of this section are— 

22 ‘‘(1) to expand the number of dwelling units 

23 that are occupied by low-income persons that receive 

24 weatherization assistance by making such dwelling 

25 units weatherization-ready; 


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1 ‘‘(2) to promote the deployment of renewable 

2 energy in dwelling units that are occupied by low-in3 come persons; 

4 ‘‘(3) to ensure healthy indoor environments by 

5 enhancing or expanding health and safety measures 

6 and resources available to dwellings that are occu7 pied by low-income persons; and 

8 ‘‘(4) to disseminate new methods and best prac9 tices among entities providing weatherization assist10 ance. 

11 ‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 

12 to the extent funds are made available, award financial 

13 assistance through a competitive process to entities receiv14 ing funding from the Federal Government or from a State 

15 through a weatherization program under section 413 or 

16 section 414, or to nonprofit entities, to be used by such 

17 an entity— 

18 ‘‘(1) with respect to dwelling units that are oc19 cupied by low-income persons, to— 

20 ‘‘(A) implement measures to make such 

21 dwelling units weatherization-ready by address22 ing structural, plumbing, roofing, and electrical 

23 issues, environmental hazards, or other meas24 ures that the Secretary determines to be appro25 priate; 


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1 ‘‘(B) install energy efficiency technologies, 

2 including home energy management systems, 

3 smart devices, and other technologies the Sec4 retary determines to be appropriate; 

5 ‘‘(C) install renewable energy systems (as 

6 defined in section 415(c)(6)(A)); and 

7 ‘‘(D) implement measures to ensure 

8 healthy indoor environments by improving in9 door air quality, accessibility, and other healthy 

10 homes measures as determined by the Sec11 retary; 

12 ‘‘(2) to improve the capability of the entity— 

13 ‘‘(A) to significantly increase the number 

14 of energy retrofits performed by such entity; 

15 ‘‘(B) to replicate best practices for work 

16 performed pursuant to this section on a larger 

17 scale; and 

18 ‘‘(C) to leverage additional funds to sus19 tain the provision of weatherization assistance 

20 and other work performed pursuant to this sec21 tion after financial assistance awarded under 

22 this section is expended; 

23 ‘‘(3) for innovative outreach and education re24 garding the benefits and availability of weatherizaVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 tion assistance and other assistance available pursu2 ant to this section; 

3 ‘‘(4) for quality control of work performed pur4 suant to this section; 

5 ‘‘(5) for data collection, measurement, and 

6 verification with respect to such work; 

7 ‘‘(6) for program monitoring, oversight, evalua8 tion, and reporting regarding such work; 

9 ‘‘(7) for labor, training, and technical assist10 ance relating to such work; 

11 ‘‘(8) for planning, management, and adminis12 tration (up to a maximum of 15 percent of the as13 sistance provided); and 

14 ‘‘(9) for such other activities as the Secretary 

15 determines to be appropriate. 

16 ‘‘(c) AWARD FACTORS.—In awarding financial assist17 ance under this section, the Secretary shall consider— 

18 ‘‘(1) the applicant’s record of constructing, ren19 ovating, repairing, or making energy efficient single20 family, multifamily, or manufactured homes that are 

21 occupied by low-income persons, either directly or 

22 through affiliates, chapters, or other partners (using 

23 the most recent year for which data are available); 

24 ‘‘(2) the number of dwelling units occupied by 

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1 ovated, repaired, weatherized, or made more energy 

2 efficient in the 5 years preceding the date of the ap3 plication; 

4 ‘‘(3) the qualifications, experience, and past 

5 performance of the applicant, including experience 

6 successfully managing and administering Federal 

7 funds; 

8 ‘‘(4) the strength of an applicant’s proposal to 

9 achieve one or more of the purposes under sub10 section (a); 

11 ‘‘(5) the extent to which such applicant will uti12 lize partnerships and regional coordination to 

13 achieve one or more of the purposes under sub14 section (a); 

15 ‘‘(6) regional and climate zone diversity; 

16 ‘‘(7) urban, suburban, and rural localities; and 

17 ‘‘(8) such other factors as the Secretary deter18 mines to be appropriate. 

19 ‘‘(d) APPLICATIONS.— 

20 ‘‘(1) ADMINISTRATION.—To be eligible for an 

21 award of financial assistance under this section, an 

22 applicant shall submit to the Secretary an applica23 tion in such manner and containing such informa24 tion as the Secretary may require. 


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1 ‘‘(2) AWARDS.—Subject to the availability of 

2 appropriations, not later than 270 days after the 

3 date of enactment of this section, the Secretary shall 

4 make a first award of financial assistance under this 

5 section. 

6 ‘‘(e) MAXIMUM AMOUNT AND TERM.— 

7 ‘‘(1) IN GENERAL.—The total amount of finan8 cial assistance awarded to an entity under this sec9 tion shall not exceed $2,000,000. 

10 ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 

11 The total amount of financial assistance awarded to 

12 an entity under this section shall be reduced by the 

13 cost of any technical and training assistance pro14 vided by the Secretary that relates to such financial 

15 assistance. 

16 ‘‘(3) TERM.—The term of an award of financial 

17 assistance under this section shall not exceed 3 

18 years. 

19 ‘‘(f) REQUIREMENTS.—Not later than 90 days after 

20 the date of enactment of this section, the Secretary shall 

21 issue requirements to implement this section, including, 

22 for entities receiving financial assistance under this sec23 tion— 

24 ‘‘(1) standards for allowable expenditures; 

25 ‘‘(2) a minimum saving-to-investment ratio; and 


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1 ‘‘(3) standards for— 

2 ‘‘(A) training programs; 

3 ‘‘(B) energy audits; 

4 ‘‘(C) the provision of technical assistance; 

5 ‘‘(D) monitoring activities carried out 

6 using such financial assistance; 

7 ‘‘(E) verification of energy and cost sav8 ings; 

9 ‘‘(F) liability insurance requirements; and 

10 ‘‘(G) recordkeeping and reporting require11 ments, which shall include reporting to the Of12 fice of Weatherization and Intergovernmental 

13 Programs of the Department of Energy applica14 ble data on each dwelling unit retrofitted or 

15 otherwise assisted pursuant to this section. 

16 ‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 

17 Nothing in this section supersedes or otherwise affects any 

18 State or local law, to the extent that the State or local 

19 law contains a requirement that is more stringent than 

20 the applicable requirement of this section. 

21 ‘‘(h) REVIEW AND EVALUATION.—The Secretary 

22 shall review and evaluate the performance of each entity 

23 that receives an award of financial assistance under this 

24 section (which may include an audit). 


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1 ‘‘(i) ANNUAL REPORT.—The Secretary shall submit 

2 to Congress an annual report that provides a description 

3 of— 

4 ‘‘(1) actions taken under this section to achieve 

5 the purposes of this section; and 

6 ‘‘(2) accomplishments as a result of such ac7 tions, including energy and cost savings achieved. 

8 ‘‘(j) FUNDING.— 

9 ‘‘(1) AMOUNTS.— 

10 ‘‘(A) IN GENERAL.—For each of fiscal 

11 years 2020 through 2024, of the amount made 

12 available under section 422 for such fiscal year 

13 to carry out the weatherization program under 

14 this part (not including any of such amount 

15 made available for Department of Energy head16 quarters training or technical assistance), not 

17 more than— 

18 ‘‘(i) 2 percent of such amount (if such 

19 amount is $225,000,000 or more but less 

20 than $260,000,000) may be used to carry 

21 out this section; 

22 ‘‘(ii) 4 percent of such amount (if 

23 such amount is $260,000,000 or more but 

24 less than $300,000,000) may be used to 

25 carry out this section; and 


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1 ‘‘(iii) 6 percent of such amount (if 

2 such amount is $300,000,000 or more) 

3 may be used to carry out this section. 

4 ‘‘(B) MINIMUM.—For each of fiscal years 

5 2020 through 2024, if the amount made avail6 able under section 422 (not including any of 

7 such amount made available for Department of 

8 Energy headquarters training or technical as9 sistance) for such fiscal year is less than 

10 $225,000,000, no funds shall be made available 

11 to carry out this section. 

12 ‘‘(2) LIMITATION.—For any fiscal year, the 

13 Secretary may not use more than $25,000,000 of 

14 the amount made available under section 422 to 

15 carry out this section.’’. 

16 (2) TABLE OF CONTENTS.—The table of con17 tents for the Energy Conservation and Production 

18 Act is amended by inserting after the item relating 

19 to section 414C the following: 

‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 

20 (f) INCREASE IN ADMINISTRATIVE FUNDS.—Section 

21 415(a)(1) of the Energy Conservation and Production Act 

22 (42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per23 cent’’ and inserting ‘‘15 percent’’. 

24 (g) AMENDING RE-WEATHERIZATION DATE.—Para25 graph (2) of section 415(c) of the Energy Conservation 


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1 and Production Act (42 U.S.C. 6865(c)) is amended to 

2 read as follows: 

3 ‘‘(2) Dwelling units weatherized (including dwelling 

4 units partially weatherized) under this part, or under 

5 other Federal programs (in this paragraph referred to as 

6 ‘previous weatherization’), may not receive further finan7 cial assistance for weatherization under this part until the 

8 date that is 15 years after the date such previous weather9 ization was completed. This paragraph does not preclude 

10 dwelling units that have received previous weatherization 

11 from receiving assistance and services (including the provi12 sion of information and education to assist with energy 

13 management and evaluation of the effectiveness of in14 stalled weatherization materials) other than weatheriza15 tion under this part or under other Federal programs, or 

16 from receiving non-Federal assistance for weatheriza17 tion.’’. 

18 SEC. 32303. REPORT ON WAIVERS. 

19 Not later than 180 days after the date of enactment 

20 of this Act, the Secretary of Energy shall submit to Con21 gress a report on the status of any request for a waiver 

22 of any requirement under section 200.313 of title 2, Code 

23 of Federal Regulations, as such requirement applies with 

24 respect to the weatherization assistance program under 

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1 tion Act (42 U.S.C. 6861 et seq.), including a description 

2 of any such waiver that has been granted and any such 

3 request for a waiver that has been considered but not 

4 granted. 

5 PART 4—SMART ENERGY AND WATER 

6 EFFICIENCY 

7 SEC. 32401. SHORT TITLE. 

8 This part may be cited as the ‘‘Smart Energy and 

9 Water Efficiency Act of 2019’’. 

10 SEC. 32402. SMART ENERGY AND WATER EFFICIENCY PRO11 GRAM. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’ means— 

15 (A) a municipality; 

16 (B) a water district; and 

17 (C) any other entity that provides water, 

18 wastewater, or water reuse services, including a 

19 joint water and power authority. 

20 (2) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy. 

22 (3) SMART ENERGY AND WATER EFFICIENCY

23 PROGRAM.—The term ‘‘smart energy and water effi24 ciency program’’ or ‘‘program’’ means the program 

25 established under subsection (b). 


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1 (b) SMART ENERGY AND WATER EFFICIENCY PRO2 GRAM.— 

3 (1) IN GENERAL.—The Secretary shall establish 

4 and carry out a smart energy and water efficiency 

5 program in accordance with this section. 

6 (2) ELIGIBLE PROJECTS.—In carrying out the 

7 smart energy and water efficiency program, the Sec8 retary shall award grants to eligible entities to carry 

9 out projects that implement advanced and innovative 

10 technology-based solutions that will improve the en11 ergy or water efficiency of water, wastewater, or 

12 water reuse systems to— 

13 (A) help eligible entities make significant 

14 progress in conserving water, conserving energy, 

15 or reducing the operating costs of such systems; 

16 (B) support the implementation of innova17 tive processes or the installation of advanced 

18 automated systems that provide real-time data 

19 on energy and water; or 

20 (C) improve predictive maintenance of 

21 water, wastewater, or water reuse systems 

22 through the use of Internet-connected tech23 nologies, such as sensors, intelligent gateways, 

24 or security embedded in hardware. 

25 (3) PROJECT SELECTION.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 make competitive, merit-reviewed grants under 

3 the program to not fewer than 3, but not more 

4 than 5, eligible entities. 

5 (B) SELECTION CRITERIA.—In selecting an 

6 eligible entity to receive a grant under the pro7 gram, the Secretary shall consider— 

8 (i) energy and cost savings anticipated 

9 to result from the project; 

10 (ii) the innovative nature, commercial 

11 viability, and reliability of the technology 

12 to be used; 

13 (iii) the degree to which the project 

14 integrates innovative sensors, software, 

15 hardware, analytics, and management 

16 tools; 

17 (iv) the anticipated cost-effectiveness 

18 of the project in terms of energy savings, 

19 water savings or reuse, and infrastructure 

20 costs averted; 

21 (v) whether the technology can be de22 ployed in a variety of geographic regions 

23 and the degree to which the technology can 

24 be implemented on a smaller or larger 

25 scale, including whether the technology can 


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1 be implemented by other types of eligible 

2 entities; and 

3 (vi) whether implementation of the 

4 project will be complete within 5 years. 

5 (C) APPLICATIONS.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), an eligible entity seeking a grant 

8 under the program shall submit to the Sec9 retary an application at such time, in such 

10 manner, and containing such information 

11 as the Secretary determines to be nec12 essary. 

13 (ii) CONTENTS.—An application under 

14 clause (i) shall, at a minimum, include— 

15 (I) a description of the project; 

16 (II) a description of the tech17 nology to be used in the project; 

18 (III) the anticipated results, in19 cluding energy and water savings, of 

20 the project; 

21 (IV) a comprehensive budget for 

22 the project; and 

23 (V) the number of households or 

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1 ble entity and will benefit from the 

2 project. 

3 (4) ADMINISTRATION.— 

4 (A) IN GENERAL.—Not later than 300 

5 days after the date of enactment of this Act, 

6 the Secretary shall select grant recipients under 

7 this section. 

8 (B) EVALUATIONS.—The Secretary shall 

9 annually for 5 years carry out an evaluation of 

10 each project for which a grant is provided 

11 under this section that— 

12 (i) evaluates the progress and effects 

13 of the project; and 

14 (ii) assesses the degree to which the 

15 project can be replicated in other regions, 

16 systems, and situations. 

17 (C) TECHNICAL ASSISTANCE.—On the re18 quest of a grant recipient, the Secretary shall 

19 provide technical assistance to the grant recipi20 ent to carry out the project. 

21 (D) BEST PRACTICES.—The Secretary 

22 shall make available to the public— 

23 (i) a copy of each evaluation carried 

24 out under subparagraph (B); and 


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1 (ii) a description of any best practices 

2 identified by the Secretary as a result of 

3 those evaluations. 

4 (E) REPORT TO CONGRESS.—Not later 

5 than the date on which the Secretary completes 

6 the last evaluation required under subparagraph 

7 (B), the Secretary shall submit to Congress a 

8 report containing the results of each evaluation 

9 carried out under such subparagraph. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated $15,000,000 to carry out 

12 this section, to remain available until expended. 

13 PART 5—ACCELERATED ADOPTION OF ENERGY 

14 EFFICIENT ENGINES AND VEHICLES 

15 SEC. 32501. REAUTHORIZATION OF DIESEL EMISSIONS RE16 DUCTION PROGRAM. 

17 Section 797(a) of the Energy Policy Act of 2005 (42 

18 U.S.C. 16137(a)) is amended— 

19 (1) by striking ‘‘$100,000,000’’ and inserting 

20 ‘‘$200,000,000’’; and 

21 (2) by striking ‘‘2016’’ and inserting ‘‘2024’’. 

22 SEC. 32502. REAUTHORIZATION OF CLEAN SCHOOL BUSES 

23 PROGRAM. 

24 (a) DEFINITIONS.— 


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1 (1) ALTERNATIVE FUEL.—Section 741(a)(2) of 

2 the Energy Policy Act of 2005 (42 U.S.C. 16091(a)) 

3 is amended— 

4 (A) in subparagraph (B), by striking ‘‘or’’ 

5 after the semicolon; 

6 (B) in subparagraph (C), by striking the 

7 period at the end and inserting ‘‘; or’’; and 

8 (C) by adding at the end the following new 

9 subparagraph: 

10 ‘‘(D) electricity.’’. 

11 (2) CLEAN SCHOOL BUS.—Section 741(a)(3) of 

12 the Energy Policy Act of 2005 (42 U.S.C. 

13 16091(a)(3)) is amended by striking ‘‘that—’’ and 

14 all that follows through ‘‘(B) is operated’’ and in15 serting ‘‘that is operated’’. 

16 (b) PROGRAM FOR RETROFIT OR REPLACEMENT OF

17 CERTAIN EXISTING SCHOOL BUSES WITH CLEAN

18 SCHOOL BUSES.— 

19 (1) PRIORITY OF GRANT APPLICATIONS.—Sec20 tion 741(b)(2) of the Energy Policy Act of 2005 (42 

21 U.S.C. 16091(b)(2)) is amended— 

22 (A) in subparagraph (A), by inserting be23 fore the period at the end ‘‘with clean school 

24 buses with low or zero emissions’’; and 


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1 (B) by amending subparagraph (B) to read 

2 as follows: 

3 ‘‘(B) RETROFITTING.—In the case of 

4 grant applications to retrofit school buses, the 

5 Administrator shall give— 

6 ‘‘(i) highest priority to applicants that 

7 propose to retrofit school buses manufac8 tured in or after model year 1991 to be9 come clean school buses with low or zero 

10 emissions; and 

11 ‘‘(ii) second highest priority to appli12 cants that otherwise propose to retrofit 

13 school buses manufactured in or after 

14 model year 1991 to become clean school 

15 buses.’’. 

16 (2) USE OF SCHOOL BUS FLEET.—Section 

17 741(b)(3)(B) of the Energy Policy Act of 2005 (42 

18 U.S.C. 16091(b)(3)(B)) is amended by inserting 

19 ‘‘charged,’’ after ‘‘operated,’’. 

20 (3) REPLACEMENT GRANTS.—Paragraph (5) of 

21 section 741(b) of the Energy Policy Act of 2005 (42 

22 U.S.C. 16091(b)) is amended to read as follows: 

23 ‘‘(5) REPLACEMENT GRANTS.—In the case of 

24 grants to replace school buses— 


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1 ‘‘(A) the Administrator may award the 

2 grants for up to 60 percent of the replacement 

3 costs; and 

4 ‘‘(B) such replacement costs may include 

5 the costs of acquiring the clean school buses 

6 and charging and fueling infrastructure.’’. 

7 (4) ULTRA LOW-SULFUR DIESEL FUEL.—Sec8 tion 741(b) of the Energy Policy Act of 2005 (42 

9 U.S.C. 16091(b)) is amended— 

10 (A) by striking paragraph (6); and 

11 (B) by redesignating paragraphs (7) and 

12 (8) as paragraphs (6) and (7), respectively. 

13 (c) EDUCATION.—Paragraph (1) of section 741(c) of 

14 the Energy Policy Act of 2005 (42 U.S.C. 16091(c)) is 

15 amended to read as follows: 

16 ‘‘(1) IN GENERAL.—Not later than 90 days 

17 after the date of enactment of the Leading Infra18 structure for Tomorrow’s America Act, the Adminis19 trator shall develop an education outreach program 

20 to promote and explain the grant program under 

21 subsection (b), as amended by such Act.’’. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 741(d) of the Energy Policy Act of 2005 (42 U.S.C. 

24 16091(d)) is amended by striking ‘‘until expended—’’ and 

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1 serting ‘‘until expended, $50,000,000 for each of fiscal 

2 years 2020 through 2024.’’. 

3 PART 6—ENERGY IMPROVEMENTS AT PUBLIC 

4 SCHOOL FACILITIES 

5 SEC. 32601. GRANTS FOR ENERGY EFFICIENCY IMPROVE6 MENTS AND RENEWABLE ENERGY IMPROVE7 MENTS AT PUBLIC SCHOOL FACILITIES. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti10 ty’’ means a consortium of— 

11 (A) one local educational agency; and 

12 (B) one or more— 

13 (i) schools; 

14 (ii) nonprofit organizations; 

15 (iii) for-profit organizations; or 

16 (iv) community partners that have the 

17 knowledge and capacity to partner and as18 sist with energy improvements. 

19 (2) ENERGY IMPROVEMENTS.—The term ‘‘en20 ergy improvements’’ means— 

21 (A) any improvement, repair, or renova22 tion, to a school that will result in a direct re23 duction in school energy costs including but not 

24 limited to improvements to building envelope, 

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1 mestic hot water heating, compressed air sys2 tems, distribution systems, lighting, power sys3 tems and controls; 

4 (B) any improvement, repair, renovation, 

5 or installation that leads to an improvement in 

6 teacher and student health including but not 

7 limited to indoor air quality, daylighting, ven8 tilation, electrical lighting, and acoustics; and 

9 (C) the installation of renewable energy 

10 technologies (such as wind power, photovoltaics, 

11 solar thermal systems, geothermal energy, hy12 drogen-fueled systems, biomass-based systems, 

13 biofuels, anaerobic digesters, and hydropower) 

14 involved in the improvement, repair, or renova15 tion to a school. 

16 (b) AUTHORITY.—From amounts made available for 

17 grants under this section, the Secretary of Energy shall 

18 provide competitive grants to eligible entities to make en19 ergy improvements authorized by this section. 

20 (c) PRIORITY.—In making grants under this sub21 section, the Secretary shall give priority to eligible entities 

22 that have renovation, repair, and improvement funding 

23 needs and are— 

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1 ondary Education Act of 1965 (20 14 U.S.C. 6602); 

2 or 

3 (2) a local educational agency designated with 

4 a metrocentric locale code of 41, 42, or 43 as deter5 mined by the National Center for Education Statis6 tics (NCES), in conjunction with the Bureau of the 

7 Census, using the NCES system for classifying local 

8 educational agencies. 

9 (d) COMPETITIVE CRITERIA.—The competitive cri10 teria used by the Secretary shall include the following: 

11 (1) The fiscal capacity of the eligible entity to 

12 meet the needs for improvements of school facilities 

13 without assistance under this section, including the 

14 ability of the eligible entity to raise funds through 

15 the use of local bonding capacity and otherwise. 

16 (2) The likelihood that the local educational 

17 agency or eligible entity will maintain, in good condi18 tion, any facility whose improvement is assisted. 

19 (3) The potential energy efficiency and safety 

20 benefits from the proposed energy improvements. 

21 (e) APPLICATIONS.—To be eligible to receive a grant 

22 under this section, an applicant must submit to the Sec23 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 2020 through 2024. 

7 PART 7—HOMEOWNER MANAGING ENERGY 

8 SAVINGS 

9 SEC. 32701. SHORT TITLE. 

10 This part may be cited as the ‘‘Home Owner Man11 aging Energy Savings Act of 2019’’ or the ‘‘HOMES 

12 Act’’. 

13 SEC. 32702. DEFINITIONS. 

14 In this part: 

15 (1) BPI.—The term ‘‘BPI’’ means the Building 

16 Performance Institute. 

17 (2) ENERGY AUDIT.—The term ‘‘energy audit’’ 

18 means an inspection, survey, and analysis of energy 

19 flows for energy conservation in a building, process, 

20 or system to reduce the amount of energy input into 

21 the system without negatively affecting the output. 

22 An energy audit is the first step in identifying op23 portunities to reduce energy expense and carbon 

24 footprints. 


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1 (3) ELECTRIC UTILITY.—The term ‘‘electric 

2 utility’’ means any company, person, cooperative, 

3 State, or Indian tribe agency that delivers or sells 

4 electric energy at retail, including nonregulated utili5 ties, utilities that are subject to State or Indian tribe 

6 rate regulation, and Federal power marketing ad7 ministrations. 

8 (4) FEDERAL REBATE PROCESSING SYSTEM.— 

9 The term ‘‘Federal Rebate Processing System’’ 

10 means the Federal Rebate Processing System estab11 lished under section 32703(b). 

12 (5) HOME.—The term ‘‘home’’ means a resi13 dential dwelling unit in a building with no more than 

14 4 dwelling units that— 

15 (A) is located in the United States; 

16 (B) was constructed before the date of en17 actment of this Act; and 

18 (C) is occupied at least six months out of 

19 the year. 

20 (6) HOME ENERGY SAVINGS RETROFIT REBATE

21 PROGRAM.—The terms ‘‘Home Energy Savings Ret22 rofit Rebate Program’’ or ‘‘Program’’ means the 

23 Home Energy Savings Retrofit Rebate Program es24 tablished under section 32703(a). 


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1 (7) HOMEOWNER.—The term ‘‘homeowner’’ 

2 means the owner of an owner-occupied home or a 

3 tenant-occupied home. 

4 (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

5 has the meaning given the term in section 4 of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5304). 

8 (9) NATURAL GAS UTILITY.—The term ‘‘nat9 ural gas utility’’ means any company, person, coop10 erative, State or local governmental agency or in11 strumentality, or Indian tribe that transports, dis12 tributes, or sells natural gas at retail. 

13 (10) QUALIFIED CONTRACTOR.—The term 

14 ‘‘qualified contractor’’ means a residential energy ef15 ficiency contractor that meets minimum applicable 

16 requirements established under section 32704. 

17 (11) QUALIFIED HOME ENERGY EFFICIENCY

18 RETROFIT.—The term ‘‘qualified home energy effi19 ciency retrofit’’ means a retrofit described in section 

20 32708(d). 

21 (12) QUALITY ASSURANCE PROGRAM.—The 

22 term ‘‘quality assurance program’’ means a program 

23 established under this part, or recognized by the 

24 Secretary under this part, to oversee the delivery of 

25 home efficiency retrofit programs to ensure that 


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1 work is performed in accordance with standards and 

2 criteria established under this part. Delivery of ret3 rofit programs includes delivery of quality assurance 

4 reviews of rebate applications and field inspections. 

5 Individuals performing quality assurance work under 

6 a quality assurance program must be certified under 

7 an ANSI accredited quality control inspection certifi8 cation designation. 

9 (13) QUALITY ASSURANCE PROVIDER.—The 

10 term ‘‘quality assurance provider’’ means any entity 

11 that meets the minimum applicable requirements es12 tablished under section 32706. 

13 (14) REBATE AGGREGATOR.—The term ‘‘rebate 

14 aggregator’’ means an entity that meets the require15 ments of section 32705. 

16 (15) RESNET.—The term ‘‘RESNET’’ means 

17 the Residential Energy Services Network, which is a 

18 nonprofit certification and standard setting organi19 zation for home energy raters that evaluate the en20 ergy performance of a home and Energy Smart Con21 tractors that make energy improvements to the 

22 home. 

23 (16) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of Energy. 

25 (17) STATE.—The term ‘‘State’’ means— 


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1 (A) a State; 

2 (B) the District of Columbia; 

3 (C) the Commonwealth of Puerto Rico; 

4 (D) Guam; 

5 (E) American Samoa; 

6 (F) the Commonwealth of the Northern 

7 Mariana Islands; 

8 (G) the United States Virgin Islands; and 

9 (H) any other territory or possession of the 

10 United States. 

11 SEC. 32703. HOME ENERGY SAVINGS RETROFIT REBATE 

12 PROGRAM. 

13 (a) IN GENERAL.—The Secretary shall establish the 

14 Home Energy Savings Retrofit Rebate Program. 

15 (b) FEDERAL REBATE PROCESSING SYSTEM.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of this Act, the Sec18 retary, in consultation with the Secretary of the 

19 Treasury, shall— 

20 (A) establish a Federal Rebate Processing 

21 System which shall serve as a database and in22 formation technology system that will allow re23 bate aggregators to submit claims for reim24 bursement using standard data protocols; 


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1 (B) establish a national retrofit website 

2 that provides information on the Home Energy 

3 Savings Retrofit Rebate Program, including— 

4 (i) how to determine whether par5 ticular efficiency measures are eligible for 

6 rebates; and 

7 (ii) how to participate in the Program; 

8 and 

9 (C) make available model forms for dem10 onstrating compliance with all applicable re11 quirements of this part, which shall be required 

12 to be submitted by— 

13 (i) each qualified contractor on com14 pletion of an eligible home energy retrofit; 

15 and 

16 (ii) each quality assurance provider on 

17 completion of field verification. 

18 (2) MODEL FORMS.—In carrying out paragraph 

19 (1)(C), the Secretary shall convene a group of stake20 holders that are directly and materially affected by 

21 the Program to develop the final forms. 

22 SEC. 32704. CONTRACTORS. 

23 (a) CONTRACTOR QUALIFICATIONS.—A contractor 

24 may perform retrofit work under the Home Energy SavVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 ings Retrofit Rebate Program in a State if the con2 tractor— 

3 (1) meets all applicable contractor licensing re4 quirements established by the State; 

5 (2) is— 

6 (A) accredited by— 

7 (i) BPI as a BPI GoldStar Con8 tractor; 

9 (ii) RESNET as an Energy Smart 

10 Home Performance Team; 

11 (iii) ACCA as a QA Home Perform12 ance Contractor; 

13 (iv) a State-based certification pro14 gram established to carry out State energy, 

15 clean air, or environmental programs; or 

16 (v) an equivalent accreditation pro17 gram approved by the Secretary for this 

18 purpose; or 

19 (B) the general contractor, and— 

20 (i) subjects the energy efficiency ret21 rofit to a third-party review by a party ap22 proved by the Secretary and a quality as23 surance inspection authorized by the Sec24 retary; and 


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1 (ii) employs, or utilizes subcontractors 

2 who employ, individuals to complete indi3 vidual or comprehensive scopes of work re4 lated to the energy efficiency retrofit who 

5 are certified by— 

6 (I) BPI; 

7 (II) RESNET; 

8 (III) NATE; 

9 (IV) ACCA; 

10 (V) LIUNA; 

11 (VI) the Regional and State De12 partment of Energy Weatherization 

13 Training Centers; or 

14 (VII) other contractor or worker 

15 certification programs approved by 

16 the Secretary; 

17 (3) holds insurance coverage of at least 

18 $1,000,000 for general liability, and for such other 

19 purposes and in such other amounts as required by 

20 the State; 

21 (4) provides warranties to the homeowner that 

22 completed work will— 

23 (A) be free of significant defects; 


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1 (B) be installed in accordance with the 

2 specifications of the manufacturer, and all ap3 plicable State and local codes; and 

4 (C) perform properly for a period of at 

5 least 1 year after the date of completion of the 

6 work; and 

7 (5) completes an energy audit to determine the 

8 impact of the proposed energy efficiency measures in 

9 accordance with an ANSI accredited energy auditing 

10 standard. 

11 (b) AGREEMENT BETWEEN CONTRACTOR AND

12 HOMEOWNER.—A contractor who performs retrofit work 

13 under the Home Energy Savings Retrofit Rebate Program 

14 must sign a written or electronic contract with the home15 owner that includes— 

16 (1) an agreement to not increase the cost of the 

17 home improvement as a result of the rebates re18 ceived under this part with respect to physical im19 provements made to the home; 

20 (2) if the contractor and homeowner choose the 

21 transferable rebate option authorized under section 

22 32707, an agreement to provide the homeowner, be23 fore a contract is executed between the contractor 

24 and the homeowner covering the eligible work, a no25 tice of the rebate amount the contractor intends to 


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1 apply for with respect to eligible work under this 

2 part; and 

3 (3) a notice that the homeowner acknowledges 

4 that they— 

5 (A) reviewed the national retrofit website 

6 for the Program; 

7 (B) understand the scope of work intended 

8 to be completed and that such work may be eli9 gible for a rebate under the Program; and 

10 (C) understand that the rebate funds are 

11 fully subject to availability from the Depart12 ment of Energy or rebate aggregator and not 

13 within the control of the contractor. 

14 SEC. 32705. REBATE AGGREGATORS. 

15 (a) IN GENERAL.—The Secretary shall develop a net16 work of rebate aggregators or a national rebate aggregator 

17 that can facilitate the delivery of rebates to homeowners 

18 or contractors participating in the Home Energy Savings 

19 Retrofit Rebate Program by— 

20 (1) reviewing the proposed rebate application 

21 for completeness and accuracy; 

22 (2) reviewing measures for eligibility in accord23 ance with this part; 


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1 (3) providing data to the Federal Rebate Proc2 essing System consistent with data protocols estab3 lished by the Secretary; and 

4 (4) not later than 30 days after the date of re5 ceipt, distributing funds received from the Depart6 ment of Energy to homeowners or contractors. 

7 (b) ELIGIBILITY.—To be eligible to apply to the Sec8 retary for approval as a rebate aggregator, an entity shall 

9 be— 

10 (1) a Home Performance with Energy Star pro11 gram sponsor; 

12 (2) an entity administering a residential or 

13 building energy efficiency retrofit program, solar 

14 program, or other such program impacting energy 

15 efficiency in homes established or approved by a 

16 State or local government; 

17 (3) a Federal power marketing administration, 

18 an electric utility, or a natural gas utility that has— 

19 (A) a residential energy efficiency retrofit 

20 program; and 

21 (B) a quality assurance provider or pro22 vider network; or 

23 (4) an entity that demonstrates to the Sec24 retary that the entity can perform the functions of 

25 a rebate aggregator, without disrupting existing resiVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 dential retrofits in the States that are incorporating 

2 the Home Energy Savings Retrofit Rebate Program, 

3 including demonstration of— 

4 (A) the capability to provide electronic 

5 data to the Federal Rebate Processing System; 

6 (B) a financial system that is capable of 

7 tracking the distribution of rebates to partici8 pating contractors; and 

9 (C) coordination and cooperation by the 

10 entity with the appropriate State energy office 

11 regarding participation in the existing energy 

12 efficiency programs that will be delivering the 

13 Home Energy Savings Retrofit Rebate Pro14 gram. 

15 (c) PUBLIC UTILITY COMMISSION EFFICIENCY TAR16 GETS.—The Secretary shall— 

17 (1) develop guidelines for States and local gov18 ernments to use to allow utilities participating as re19 bate aggregators to count the energy savings from 

20 the participation of the utilities toward State and 

21 local level energy savings targets; and 

22 (2) work with States and local governments to 

23 assist in the adoption of those guidelines for the 

24 purposes and duration of the Home Energy Savings 

25 Retrofit Rebate Program. 


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1 SEC. 32706. QUALITY ASSURANCE PROVIDERS. 

2 (a) QUALIFICATIONS.—An entity shall be considered 

3 a quality assurance provider under this part only if the 

4 entity is qualified through— 

5 (1) the BPI; 

6 (2) RESNET; or 

7 (3) any other entity designated by the Secretary 

8 such as a State, local government, or State-approved 

9 or local government-approved residential energy effi10 ciency retrofit program. 

11 (b) FUNCTIONS.—A quality assurance provider 

12 shall— 

13 (1) be independent of the contractor; 

14 (2) confirm that contractors or installers of 

15 home energy efficiency retrofits meet the qualifica16 tion requirements of this part; and 

17 (3) perform field inspections to confirm the 

18 compliance of the retrofit work and the simulated 

19 energy savings under the Home Energy Savings Ret20 rofit Rebate Program. 

21 SEC. 32707. TRANSFERABILITY OF HOME ENERGY SAVINGS 

22 REBATE. 

23 A homeowner may transfer the rebate provided under 

24 the Home Energy Savings Retrofit Rebate Program to the 

25 contractor performing the retrofit work if the contractor 

26 completes a form that accompanies the rebate form develVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 oped under section 32703(b). This form, to be made pub2 lically available by the Secretary 90 days after the date 

3 of enactment of this Act, must be approved by paper sig4 nature or electronically by the homeowner and include— 

5 (1) the amount of the rebate the contractor will 

6 submit for disbursement to the contractor; 

7 (2) the level of energy use reduction of the 

8 home retrofit certified under section 32708(e)(4), 

9 and assurance that the contractor will provide the 

10 certificate to the homeowner within 30 days of re11 ceipt from the Department of Energy; 

12 (3) a documentation report of the retrofit per13 formed and paid by the homeowner; and 

14 (4) confirmation from the homeowner that they 

15 understand they have the right to submit directly for 

16 the rebate and have chosen to transfer the credit in 

17 full to the contractor. 

18 SEC. 32708. HOME ENERGY SAVINGS RETROFIT REBATE 

19 PROGRAM. 

20 (a) IN GENERAL.—If a qualified home energy effi21 ciency retrofit of a home is carried out after the date of 

22 enactment of this Act by a qualified contractor in accord23 ance with this part, subject to appropriations made avail24 able for such purpose, rebates shall be awarded for retroVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 fits that achieve home energy savings in accordance with 

2 this part. 

3 (b) AMOUNT OF REBATES.— 

4 (1) IN GENERAL.—Subject to subsection (e), 

5 the amount of a rebate provided to the owner of a 

6 home or a designee of the owner under this section 

7 shall be determined in accordance with the following 

8 formula: 

9 (A) Retrofits that are projected to save at 

10 least 20 percent of energy use (Home Perform11 ance Retrofits) shall receive a rebate of $2,500. 

12 (B) Retrofits that are projected to save at 

13 least 40 percent of energy use (Deep Home 

14 Performance Retrofits) shall receive a rebate of 

15 $5,000. 

16 (2) REBATE PAYMENT.— 

17 (A) IN GENERAL.—The rebate shall be 

18 paid, based on energy savings as calculated 

19 under subsection (e), within 60 days after— 

20 (i) submission of the required rebate 

21 forms; and 

22 (ii) the completion of any quality as23 surance assessment required under sub24 paragraph (B). 


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1 (B) QUALITY ASSURANCE ASSESSMENTS.— 

2 The Secretary shall establish a schedule of re3 quired quality assurance assessments. In the 

4 first year of the Program, the first 10 homes 

5 retrofit by each contractor and then 60 percent 

6 of all future homes shall be required to have a 

7 quality assurance assessment. The Secretary 

8 shall establish a cost effective schedule of re9 quired quality assurance assessments for subse10 quent years based on performance under the 

11 Program. 

12 (C) BONUS INCENTIVE.—Recipients of 

13 grants under section 32709 and rebate 

14 aggregators are encouraged to present a pro15 posal to the Secretary for an incentive bonus 

16 for contractors who have delivered services to 

17 consumers and who have achieved a 70 percent 

18 or greater realization rate for predicted gross 

19 energy cost savings achieved by their portfolio 

20 of participating customers. Bonus incentives 

21 under such a proposal may be up to 20 percent 

22 of the rebate paid to the homeowner. 

23 (3) LIMITATION.—In no event shall the amount 

24 of rebates under this subsection exceed— 


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1 (A) $10,000 with respect to any individual; 

2 or 

3 (B) 50 percent of the qualified home en4 ergy efficiency expenditures paid or incurred by 

5 the homeowner under subsection (c). 

6 (c) QUALIFIED HOME ENERGY EFFICIENCY EX7 PENDITURES.—For purposes of this section, the term 

8 ‘‘qualified home energy efficiency expenditures’’— 

9 (1) means any amount paid or incurred by a 

10 homeowner for a qualified home energy efficiency 

11 retrofit, including the cost of diagnostic procedures, 

12 labor, reporting, and modeling; and 

13 (2) does not include— 

14 (A) improvements to swimming pools or 

15 hot tubs; or 

16 (B) any amount paid or incurred to pur17 chase or install a biomass, wood, or wood pellet 

18 furnace, boiler, or stove, unless the system— 

19 (i) is designed to meet at least 70 per20 cent of the heating demands of the home; 

21 (ii) in the case of woodstoves, is cer22 tified by the Environmental Protection 

23 Agency; 

24 (iii) in the case of a wood stove re25 placement, replaces an existing wood stove 


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1 with a stove that is certified by the Envi2 ronmental Protection Agency, if a voucher 

3 is provided by the installer or other respon4 sible party certifying that the old stove has 

5 been removed and made inoperable; 

6 (iv) in the case of a furnace or boiler, 

7 is in a home with a distribution system 

8 (such as piping, ducts, vents, blowers, or 

9 affixed fans) that allows heat from the fur10 nace or boiler to reach all or most parts of 

11 the home; and 

12 (v) is certified by an independent test 

13 laboratory approved by the Secretary as 

14 having— 

15 (I) thermal efficiency (with a 

16 high heating value) of at least 75 per17 cent for stoves and 80 percent for fur18 naces and boilers; 

19 (II) particulate emissions of less 

20 than 3.0 grams per hour for wood 

21 stoves or pellet stoves; and 

22 (III) less than 0.07 lbs per mil23 lion BTU for outdoor boilers and fur24 naces. 


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1 (d) QUALIFIED HOME ENERGY EFFICIENCY RET2 ROFIT.— 

3 (1) IN GENERAL.—A qualified home energy ef4 ficiency retrofit is a retrofit that implements meas5 ures, during a rebate-eligible year in the existing 

6 principal residence of the homeowner which is lo7 cated in the United States, intended to reduce the 

8 energy use of such residence. A qualified home en9 ergy efficiency retrofit shall— 

10 (A) be implemented and installed by a 

11 qualified contractor; 

12 (B) install a set of measures modeled to 

13 achieve a reduction in home energy use of 20 

14 percent or more from the baseline established 

15 under subparagraph (C), using computer mod16 eling software approved under paragraph (2); 

17 (C) establish the baseline energy use as 

18 provided in subsection (e)(1)(C); 

19 (D) implement a test-out procedure, fol20 lowing guidelines of the applicable accrediting 

21 program established by an organization identi22 fied in section 32704(a)(2) or equivalent guide23 lines approved by the Secretary for this pur24 pose, to ensure— 


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1 (i) the safe operation of all systems 

2 post retrofit; and 

3 (ii) that, except as provided in para4 graph (3), all improvements are included 

5 in, and have been installed according to— 

6 (I) standards of the applicable 

7 accrediting program established by an 

8 organization identified in section 

9 32704(a)(2); 

10 (II) manufacturers installation 

11 specifications; and 

12 (III) all applicable State and 

13 local codes or equivalent standards 

14 approved by the Secretary for this 

15 purpose; 

16 (E) include only measures that have an av17 erage estimated life of 5 years or more as deter18 mined by the Secretary; 

19 (F) not include funds paid or incurred in 

20 connection with any expansion of the square 

21 footage of the residence; and 

22 (G) not include improvements to swimming 

23 pools or hot tubs or any other expenditure spe24 cifically excluded by the Secretary. 


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1 (2) APPROVED MODELING SOFTWARE.—The 

2 contractor shall use modeling software certified by 

3 RESNET as following the software verification test 

4 suites in section 4.2.1 of RESNET Publication No. 

5 13–001, or under equivalent standards approved by 

6 the Secretary for this purpose, and shall have the 

7 ability at a minimum to assess the savings associ8 ated with all the measures for Home Energy Savings 

9 Retrofit Rebate Program. 

10 (3) EXCEPTION.—For purposes of paragraph 

11 (1)(D)(ii), installation of gas-fired appliances shall 

12 comply with requirements of the National Fuel Gas 

13 Code (ANSI Z223.1/NFPA 54) and applicable in14 stallation requirements in lieu of performance of 

15 combustion tests outside those required by the Na16 tional Fuel Gas Code (2012 Edition) and the Inter17 national Fuel Gas Code (2012 Edition). 

18 (e) ENERGY USE REDUCTION.— 

19 (1) DETERMINATION OF ENERGY USE REDUC20 TION.— 

21 (A) IN GENERAL.—The reduction in en22 ergy use for any residence shall be determined 

23 by modeling the annual predicted percentage re24 duction in total energy consumption or costs for 

25 heating, cooling, hot water, and permanent 


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1 lighting. It shall be modeled using computer 

2 modeling software approved under subsection 

3 (d)(2) and calibrated according to subpara4 graph (C) of this paragraph. 

5 (B) ENERGY COSTS.—For the purposes of 

6 subparagraph (A), the energy cost per unit of 

7 fuel for each fuel type shall be determined by 

8 dividing the total actual energy bill (subtracting 

9 taxes and fees) for the residence for that fuel 

10 type for the most recent available 12-month pe11 riod by the total energy units of that fuel type 

12 used over the same period. 

13 (C) BASELINE ENERGY USE.—For the 

14 purposes of subparagraph (A), the software 

15 model that establishes the baseline energy use 

16 and predicted energy savings shall be calibrated 

17 according to the procedures set forth in sections 

18 3 and 4 of ANSI/BPI Standard BPI–2400–S– 

19 2012: Standard Practice for Standardized 

20 Qualification of Whole-House Energy Savings 

21 Predictions by Calibration to Energy Use His22 tory, or an equivalent standard approved by the 

23 Secretary for this purpose. 

24 (2) DOCUMENTATION.—The percent improve25 ment in energy consumption calculated under this 


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1 section shall be documented through modeling soft2 ware described in subsection (d)(2). 

3 (3) MONITORING.—The Secretary— 

4 (A) shall periodically evaluate the software 

5 packages used for determining rebates under 

6 this section; 

7 (B) shall monitor and compare the pre8 dictions to the real energy data, and based on 

9 the results, create performance criteria to allow 

10 or disallow the software; and 

11 (C) may disallow the use of software pro12 grams that improperly assess energy savings. 

13 (4) CERTIFICATE OF RETROFIT PERFORM14 ANCE.—The Secretary shall establish a system for 

15 distribution of a certificate of performance in ac16 cordance with BPI–2101–S–2013: Standard Re17 quirements for a Certificate of Completion for Resi18 dential Energy Efficiency Upgrades with the 

19 issuance of a rebate that certifies the predicted level 

20 of energy use reduction achieved by the retrofit. The 

21 certificate shall be provided to the rebate recipient. 

22 If the recipient is the contractor under the terms of 

23 section 32707, the contractor shall remit the certifi24 cate to the homeowner, to be delivered or postVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 marked not later than 30 days after the contractor’s 

2 receipt of the certificate. 

3 (5) EXCEPTION.—The Secretary shall not uti4 lize the authority provided under this part to— 

5 (A) develop, adopt, or implement a public 

6 labeling system that rates and compares the en7 ergy performance of one home with another; or 

8 (B) require the public disclosure of an en9 ergy performance evaluation or rating developed 

10 for any specific home. 

11 Nothing in this paragraph shall preclude the com12 putation, collection, or use, by the Secretary, rebate 

13 aggregators, or quality assurance providers, or the 

14 States or Indian tribes, for the purposes of gath15 ering information on the rating and comparison of 

16 the energy performance of homes with and without 

17 energy efficiency retrofits. 

18 (f) QUALIFICATION FOR REBATE.—On submission of 

19 a claim for a retrofit rebate by a rebate aggregator, the 

20 Secretary shall provide reimbursement to the rebate 

21 aggregator, if— 

22 (1) the retrofit is a qualified home energy effi23 ciency retrofit; 

24 (2) the amount of the reimbursement is not 

25 more than the amount described in subsection (b); 


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1 (3) documentation required to verify the claim 

2 is transmitted with the claim; and 

3 (4) any quality assurance assessment required 

4 by the Secretary or the rebate aggregator has been 

5 completed. 

6 (g) AUDITS.— 

7 (1) IN GENERAL.—On making payment for a 

8 submission under this section, the Secretary shall re9 view rebate requests to determine whether Program 

10 requirements were met in all respects. 

11 (2) INCORRECT PAYMENT.—On a determination 

12 of the Secretary under paragraph (1) that a pay13 ment was made incorrectly to a party, not later than 

14 3 years after the payment was provided the Sec15 retary shall— 

16 (A) recoup the amount of the incorrect 

17 payment; or 

18 (B) withhold the amount of the incorrect 

19 payment from the next payment made to the 

20 party pursuant to a subsequent request. 

21 (h) INCENTIVES.—The amount of incentives that the 

22 Secretary may provide to quality assurance providers and 

23 rebate aggregators under this part shall be— 

24 (1) $50 for each rebate review and submission 

25 provided under the Program; 


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1 (2) $250 for each field inspection conducted 

2 under the Program; or 

3 (3) such other amounts as the Secretary con4 siders necessary to carry out the quality assurance 

5 provisions of this part. 

6 SEC. 32709. GRANTS TO STATES AND INDIAN TRIBES. 

7 (a) IN GENERAL.—A State or Indian tribe that re8 ceives a grant under subsection (d) shall be permitted to 

9 use the grant for— 

10 (1) administrative costs; 

11 (2) oversight of quality assurance plans; 

12 (3) development of a quality assurance pro13 gram; 

14 (4) establishment and delivery of financing pi15 lots in accordance with this part; 

16 (5) coordination with existing residential ret17 rofit programs and infrastructure development to as18 sist deployment of the Home Energy Savings Ret19 rofit Rebate Program; and 

20 (6) the costs of carrying out the responsibilities 

21 of the State or Indian tribe under the Home Energy 

22 Savings Retrofit Rebate Program. 

23 (b) INITIAL GRANTS.—Not later than 60 days after 

24 receipt of a completed application for a grant under this 


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1 section, the Secretary shall either make the grant or pro2 vide to the applicant an explanation for denying the grant. 

3 (c) INDIAN TRIBES.—The Secretary shall reserve an 

4 appropriate amount of funding made available to carry out 

5 this section for each fiscal year to make grants available 

6 to Indian tribes under this section. 

7 (d) STATE ALLOTMENTS.—From the amounts made 

8 available to carry out this section for each fiscal year re9 maining after the reservation required under subsection 

10 (c), the Secretary shall make grants available to States 

11 in accordance with section 32715. 

12 (e) QUALITY ASSURANCE PROGRAMS.— 

13 (1) IN GENERAL.—A State or Indian tribe may 

14 use a grant made under this section to carry out a 

15 quality assurance program that is— 

16 (A) operated as part of a State or local 

17 government approved energy conservation plan 

18 established under part D of title III of the En19 ergy Policy and Conservation Act (42 U.S.C. 

20 6321 et seq.); 

21 (B) managed by the office or the designee 

22 of the office that is— 

23 (i) responsible for the development of 

24 the plan under section 362 of that Act (42 

25 U.S.C. 6322); and 


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1 (ii) to the maximum extent practicable 

2 conducting an existing energy efficiency 

3 program; and 

4 (C) in the case of a grant made to an In5 dian tribe, managed by an entity designated by 

6 the Indian tribe to carry out a quality assur7 ance program or a national quality assurance 

8 program manager. 

9 (2) NONCOMPLIANCE.—If the Secretary deter10 mines that a State or Indian tribe has not provided 

11 or cannot provide adequate oversight over a quality 

12 assurance program to ensure compliance with this 

13 part, the Secretary may— 

14 (A) withhold further quality assurance 

15 funds from the State or Indian tribe; and 

16 (B) require that quality assurance pro17 viders operating in the State or by the Indian 

18 tribe be overseen by a national quality assur19 ance program manager selected by the Sec20 retary. 

21 (f) IMPLEMENTATION.—A State or Indian tribe that 

22 receives a grant under this section may implement a qual23 ity assurance program through the State, the Indian tribe, 

24 or a third party designated by the State or Indian tribe, 

25 including— 


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1 (1) an energy service company; 

2 (2) an electric utility; 

3 (3) a natural gas utility; 

4 (4) a third-party administrator designated by 

5 the State or Indian tribe; or 

6 (5) a unit of local government. 

7 (g) PUBLIC-PRIVATE PARTNERSHIPS.—A State or 

8 Indian tribe that receives a grant under this section is en9 couraged to form partnerships with utilities, energy serv10 ice companies, and other entities— 

11 (1) to assist in marketing a program; 

12 (2) to facilitate consumer financing; 

13 (3) to assist in implementation of the Home 

14 Energy Savings Retrofit Rebate Program, including 

15 installation of qualified home energy efficiency retro16 fits; and 

17 (4) to assist in implementing quality assurance 

18 programs. 

19 (h) COORDINATION OF REBATE AND EXISTING

20 STATE-SPONSORED PROGRAMS.— 

21 (1) IN GENERAL.—A State or Indian tribe 

22 shall, to the maximum extent practicable, prevent 

23 duplication through coordination of a program au24 thorized under this part with— 


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1 (A) the Energy Star appliance rebates pro2 gram authorized under the American Recovery 

3 and Reinvestment Act of 2009 (Public Law 

4 111–5; 123 Stat. 115); and 

5 (B) comparable programs planned or oper6 ated by States, political subdivisions, electric 

7 and natural gas utilities, Federal power mar8 keting administrations, and Indian tribes. 

9 (2) EXISTING PROGRAMS.—In carrying out this 

10 subsection, a State or Indian tribe shall— 

11 (A) give priority to— 

12 (i) comprehensive retrofit programs in 

13 existence on the date of enactment of this 

14 Act, including programs under the super15 vision of State utility regulators; and 

16 (ii) using funds made available under 

17 this part to enhance and extend existing 

18 programs; and 

19 (B) seek to enhance and extend existing 

20 programs by coordinating with administrators 

21 of the programs. 

22 SEC. 32710. QUALITY ASSURANCE PROGRAM. 

23 (a) PLAN.—As part of a grant application described 

24 in section 32709(b), a State or Indian tribe shall submit 

25 to the Secretary a plan to implement a quality assurance 


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1 program that covers all federally assisted residential effi2 ciency retrofit work administered, supervised, or spon3 sored by the State or Indian tribe. 

4 (b) IMPLEMENTATION.—The State or Indian tribe 

5 shall— 

6 (1) develop a quality assurance program in con7 sultation with industry stakeholders, including rep8 resentatives of efficiency program managers, con9 tractors, and environmental, energy efficiency, and 

10 labor organizations; and 

11 (2) implement the quality assurance program 

12 not later than 180 days after receipt of a grant 

13 under section 32709. 

14 (c) COMPONENTS.—The quality assurance program 

15 established under this section shall include— 

16 (1) maintenance of a list of qualified contrac17 tors authorized to perform such retrofit work as de18 scribed in section 32704; and 

19 (2) nonbinding targets and realistic plans for— 

20 (A) the recruitment of small minority21 owned or women-owned business enterprises; 

22 and 

23 (B) the employment of graduates of train24 ing programs that primarily serve low-income 

25 populations with a median income that is below 


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1 200 percent of the poverty line (as defined in 

2 section 673(2) of the Community Services 

3 Block Grant Act (42 U.S.C. 9902(2)), including 

4 any revision required by that section) by par5 ticipating contractors. 

6 (d) NONCOMPLIANCE.—If the Secretary determines 

7 that a State or Indian tribe has not taken the steps re8 quired under this section, the Secretary shall provide to 

9 the State or Indian tribe a period of at least 90 days to 

10 comply before suspending the participation of the State 

11 or Indian tribe in the program. 

12 SEC. 32711. EVALUATION REPORT TO CONGRESS. 

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

14 date of enactment of this Act and annually thereafter, the 

15 Secretary shall submit to the Committee on Energy and 

16 Natural Resources of the Senate and the Committee on 

17 Energy and Commerce of the House of Representatives 

18 a report on the use of funds under this part. 

19 (b) CONTENTS.—The report submitted under sub20 section (a) shall evaluate— 

21 (1) how many eligible participants have partici22 pated in the Program; 

23 (2) how many jobs have been created through 

24 the Program, directly and indirectly; 


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1 (3) what steps could be taken to promote fur2 ther deployment of energy efficiency and renewable 

3 energy retrofits; 

4 (4) the quantity of verifiable energy savings, 

5 homeowner energy bill savings, and other benefits of 

6 the Program; 

7 (5) any waste, fraud, or abuse with respect to 

8 such funds; and 

9 (6) any other information the Secretary con10 siders appropriate. 

11 (c) NONCOMPLIANCE.—The Secretary shall require 

12 rebate aggregators, States, and Indian tribes to provide 

13 the information required to enable the Secretary to carry 

14 out this section. If the Secretary determines that a rebate 

15 aggregator, State, or Indian tribe has not provided such 

16 information on a timely basis, the Secretary shall provide 

17 to the rebate aggregator, State, or Indian tribe a period 

18 of at least 90 days to provide any necessary information, 

19 subject to withholding of funds or reduction of future 

20 grant amounts, or decertification of rebate aggregators. 

21 SEC. 32712. ADMINISTRATION. 

22 (a) IN GENERAL.—Subject to section 32715(b), not 

23 later than 30 days after the date of enactment of this Act, 

24 the Secretary shall provide such administrative and techVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 nical support to rebate aggregators, States, and Indian 

2 tribes as is necessary to carry out this part. 

3 (b) APPOINTMENT OF PERSONNEL.—Notwith4 standing the provisions of title 5, United States Code, gov5 erning appointments in the competitive service and Gen6 eral Schedule classifications and pay rates, the Secretary 

7 may appoint such professional and administrative per8 sonnel as the Secretary considers necessary to carry out 

9 this part. 

10 (c) RATE OF PAY.—The rate of pay for a person ap11 pointed under subsection (b) shall not exceed the max12 imum rate payable for GS–15 of the General Schedule 

13 under chapter 53 of title 5, United States Code. 

14 (d) INFORMATION COLLECTION.—The Secretary 

15 shall establish, and make available to a homeowner, or the 

16 homeowner’s designated representative, seeking a rebate 

17 under this part, release forms authorizing access by the 

18 Secretary, or a designated third-party representative to in19 formation in the utility bills of the homeowner. The form 

20 shall not include personal identifying information such as 

21 name, address, social security number or other identifying 

22 information as defined by the Secretary. 


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1 SEC. 32713. TREATMENT OF REBATES. 

2 (a) IN GENERAL.—For purposes of the Internal Rev3 enue Code of 1986, rebates received for a qualified home 

4 energy efficiency retrofit under this part— 

5 (1) shall not be considered taxable income to a 

6 homeowner; and 

7 (2) shall prohibit the consumer from applying 

8 for a tax credit allowed under section 25C or 25D 

9 of that Code for the same retrofit work performed 

10 in the home of the homeowner. If the work is addi11 tional, and not included in the rebate baseline, a 

12 homeowner may claim the credit. 

13 (b) NOTICE.— 

14 (1) IN GENERAL.—A participating contractor 

15 shall provide notice to a homeowner of the provisions 

16 of subsection (a) before eligible work is performed in 

17 the home of the homeowner. 

18 (2) NOTICE IN REBATE FORM.—A homeowner 

19 shall be notified of the provisions of subsection (a) 

20 in the appropriate rebate form developed by the Sec21 retary, in consultation with the Secretary of the 

22 Treasury. 

23 SEC. 32714. PENALTIES. 

24 (a) IN GENERAL.—It shall be unlawful for any per25 son to violate this part (including any regulation issued 


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1 under this part), other than a violation as the result of 

2 a clerical error. 

3 (b) CIVIL PENALTY.—In addition to any penalty ap4 plicable under other Federal law for fraud or other crimes, 

5 any person who commits a violation of this part shall be 

6 liable to the United States for a civil penalty in an amount 

7 that is not more than the higher of— 

8 (1) $15,000 for each violation; or 

9 (2) 3 times the value of any associated rebate 

10 under this part. 

11 (c) ADMINISTRATION.—The Secretary may— 

12 (1) assess and compromise a penalty imposed 

13 under subsection (b); and 

14 (2) require from any entity the records and in15 spections necessary to enforce this part. 

16 SEC. 32715. FUNDING. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated to the Secretary to carry out this part 

20 $250,000,000 for each of fiscal years 2020 through 

21 2024, to remain available until expended. 

22 (2) MAINTENANCE OF FUNDING.—Funds pro23 vided under this section shall supplement and not 

24 supplant any Federal and State funding provided to 


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1 carry out energy efficiency programs in existence on 

2 the date of enactment of this Act. 

3 (b) GRANTS TO STATES.— 

4 (1) IN GENERAL.—Of the amounts provided 

5 under subsection (a), not more than 6 percent shall 

6 be used to carry out section 32709. 

7 (2) DISTRIBUTION TO STATE ENERGY OF8 FICES.—Not later than 45 days after the date of en9 actment of this Act, the Secretary shall determine a 

10 formula to provide funds described in paragraph (1) 

11 to State energy offices, in accordance with the allo12 cation formula for State energy conservation plans 

13 established under part D of title III of the Energy 

14 Policy and Conservation Act (42 U.S.C. 6321 et 

15 seq.). 

16 (c) TRACKING OF REBATES AND EXPENDITURES.— 

17 Of the amount provided under subsection (a), not more 

18 than 2.5 percent are authorized to be appropriated to the 

19 Secretary to be used for costs associated with tracking re20 bates and expenditures through the Federal Rebate Proc21 essing System under this part, technical assistance to 

22 States, and related administrative costs incurred by the 

23 Secretary. 

24 (d) PROGRAM REVIEW AND BACKSTOP FUNDING.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall perform a State-by-State analysis and 

4 review the distribution of rebates under this part. 

5 (2) ADJUSTMENT.—The Secretary may allocate 

6 technical assistance funding to assist States that 

7 have not sufficiently benefitted from the Home En8 ergy Savings Retrofit Rebate Program. 

9 SEC. 32716. PILOT PROGRAM. 

10 (a) ESTABLISHMENT.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of this part, the Secretary shall establish 

13 a Residential Energy Efficiency Pay for Perform14 ance pilot program for States to encourage the use 

15 of measured energy savings, and financial payments 

16 for those energy savings, in the operation of residen17 tial energy efficiency programs. 

18 (2) CRITERIA.—Not later than 180 days after 

19 the date of enactment of this Act, the Secretary 

20 shall provide common measurement criteria, devel21 oped with input from home performance industry 

22 stakeholders, to ensure comparability among pro23 grams but allow flexibility in program design. 

24 (b) GRANTS.—In carrying out the pilot program es25 tablished under this section, the Secretary shall provide, 


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1 on a competitive basis, grants to not less than 5 State 

2 energy offices. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—For fis4 cal year 2020, there are authorized to be appropriated to 

5 carry out this section $100,000,000. 

6 (d) DEFINITION.—In this section, the term ‘‘State 

7 energy office’’ means the office or agency of a State re8 sponsible for developing the State energy plan for the 

9 State under section 362 of the Energy Policy and Con10 servation Act (42 U.S.C. 6322). 

11 Subtitle C—Energy Supply 

12 Infrastructure 

13 PART 1—LOW-INCOME SOLAR 

14 SEC. 33101. SHORT TITLE. 

15 This part may be cited as the ‘‘Low-Income Solar Act 

16 of 2019’’. 

17 SEC. 33102. LOAN AND GRANT PROGRAM FOR SOLAR IN18 STALLATIONS IN LOW-INCOME AND UNDER19 SERVED AREAS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ADMINISTRATIVE EXPENSES.—The term 

22 ‘‘administrative expenses’’ has such meaning as may 

23 be established by the Secretary. 

24 (2) COMMUNITY SOLAR FACILITY.—The term 

25 ‘‘community solar facility’’ means a photovoltaic 


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1 solar electricity generating facility that, as deter2 mined by the Secretary— 

3 (A) through a voluntary program, provides 

4 electric power or financial benefit to, or is 

5 owned by, multiple community members; 

6 (B) has a nameplate rating of 2 megawatts 

7 or less; 

8 (C) is located in or near a community of 

9 subscribers; and 

10 (D) the owner or operator of which re11 serves not less than 25 percent of the quantity 

12 of electricity generated by the facility for low13 income households that are subscribers to the 

14 facility. 

15 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 

17 (A) a low-income household; 

18 (B) a unit of State, territorial, or local 

19 government; 

20 (C) an Indian Tribe; 

21 (D) a Native Hawaiian community-based 

22 organization; 

23 (E) any other national or regional entity 

24 that— 


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1 (i) deploys a safe, high-quality photo2 voltaic solar electricity generating facility 

3 for consumers under a model that maxi4 mizes energy savings to those consumers; 

5 and 

6 (ii) has experience, as determined by 

7 the Secretary, installing solar systems 

8 using a job training or community volun9 teer-based installation model; and 

10 (F) for the loan program only, in addition 

11 to entities described in subparagraphs (A) 

12 through (E), a private entity that— 

13 (i) deploys a safe, high-quality photo14 voltaic solar electricity generating facility 

15 for consumers under a model that maxi16 mizes energy savings to those consumers; 

17 and 

18 (ii) will install solar systems using a 

19 job training installation model. 

20 (4) GRANT-ELIGIBLE HOUSEHOLD.—The term 

21 ‘‘grant-eligible household’’ means a low-income 

22 household the members of which reside in an owner23 occupied home. 

24 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

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1 ganized group or community, including any Alaska 

2 Native village, Regional Corporation, or Village Cor3 poration (as defined in, or established pursuant to, 

4 the Alaska Native Claims Settlement Act (43 U.S.C. 

5 1601 et seq.)), that is recognized as eligible for the 

6 special programs and services provided by the 

7 United States to Indians because of their status as 

8 Indians. 

9 (6) LOW-INCOME HOUSEHOLD.—The term 

10 ‘‘low-income household’’ means a household with an 

11 income equal to 80 percent or less of the applicable 

12 area median income, as defined for the applicable 

13 year by the Secretary of Housing and Urban Devel14 opment. 

15 (7) MULTI-FAMILY AFFORDABLE HOUSING.— 

16 The term ‘‘multi-family affordable housing’’ means 

17 any federally subsidized affordable housing complex 

18 in which at least 50 percent of the units are reserved 

19 for low-income households. 

20 (8) NATIVE HAWAIIAN COMMUNITY-BASED OR21 GANIZATION.—The term ‘‘Native Hawaiian commu22 nity-based organization’’ means any organization 

23 that is composed primarily of Native Hawaiians 

24 from a specific community and that assists in the 


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1 social, cultural, and educational development of Na2 tive Hawaiians in that community. 

3 (9) PHOTOVOLTAIC SOLAR ELECTRICITY GEN4 ERATING FACILITY.—The term ‘‘photovoltaic solar 

5 electricity generating facility’’ means— 

6 (A) a generator that creates electricity 

7 from light photons; and 

8 (B) the accompanying hardware enabling 

9 that electricity to flow— 

10 (i) onto the electric grid; or 

11 (ii) into an energy storage device. 

12 (10) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of Energy. 

14 (11) SUBSCRIBER.—The term ‘‘subscriber’’ 

15 means an electricity consumer who owns a subscrip16 tion, or an equivalent unit or share of the capacity 

17 or generation, of a community solar facility. 

18 (12) SUBSCRIPTION.—The term ‘‘subscription’’ 

19 means a share in the capacity, or a proportional in20 terest in the solar electricity generation, of a com21 munity solar facility. 

22 (13) UNDERSERVED AREA.—The term ‘‘under23 served area’’ means— 


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1 (A) a geographical area with low or no 

2 photovoltaic solar deployment, as determined by 

3 the Secretary; or 

4 (B) trust land, as defined in section 3765 

5 of title 38, United States Code. 

6 (b) ESTABLISHMENT OF LOAN AND GRANT PRO7 GRAM.— 

8 (1) IN GENERAL.—The Secretary shall establish 

9 a program under which the Secretary shall provide 

10 loans and grants to eligible entities for use in ac11 cordance with this section. 

12 (2) FUNDING.— 

13 (A) IN GENERAL.—Subject to the avail14 ability of appropriations, the Secretary shall 

15 make grants and issue loans in accordance with 

16 this subsection. 

17 (B) LOANS.—Not more than 50 percent of 

18 funds made available pursuant to subparagraph 

19 (A) for a fiscal year shall be used to provide 

20 loans to eligible entities for— 

21 (i) construction or installation of com22 munity solar facilities; or 

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1 ties to serve multi-family affordable hous2 ing. 

3 (C) GRANTS.—After allocating amounts to 

4 carry out subparagraph (B), the Secretary shall 

5 use the remaining funds made available pursu6 ant to subparagraph (A) for a fiscal year to 

7 provide grants to eligible entities for eligible 

8 uses described in subsection (e). 

9 (3) GOALS AND ACCOUNTABILITY.—In pro10 viding loans and grants under this subsection, the 

11 Secretary shall take such actions as may be nec12 essary to ensure that— 

13 (A) the assistance provided under this sub14 section is used to facilitate and encourage inno15 vative solar installation and financing models, 

16 under which the recipients develop and install 

17 photovoltaic solar electricity generating facilities 

18 that provide significant savings to low-income 

19 households while providing job training or com20 munity engagement opportunities with respect 

21 to each solar system installed; 

22 (B) the photovoltaic solar electricity gener23 ating facilities installed using assistance pro24 vided under this subsection are safe, high-qualVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 ity systems that comply with local building and 

2 safety codes and standards; 

3 (C) the program under this section estab4 lishes and fosters a partnership between the 

5 Federal Government and eligible entities, re6 sulting in efficient development of solar installa7 tions with— 

8 (i) minimal governmental intervention; 

9 (ii) limited governmental regulation; 

10 and 

11 (iii) significant involvement by non12 profit and private entities; 

13 (D) photovoltaic solar electricity generating 

14 facilities installed using assistance provided 

15 under this subsection— 

16 (i) include job training and commu17 nity participation to the extent practicable; 

18 and 

19 (ii) may include community participa20 tion in which job trainees and volunteers 

21 assist in the development of solar projects; 

22 (E) assistance provided under this sub23 section prioritizes development in underserved 

24 areas; 


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1 (F) photovoltaic solar electricity generating 

2 facilities are developed using assistance pro3 vided under this subsection on a geographically 

4 diverse basis among the eligible entities; and 

5 (G) to the maximum extent practicable, 

6 solar installation activities for which assistance 

7 is provided under this section leverage, or con8 nect grant-eligible households to, federally or lo9 cally subsidized weatherization and energy effi10 ciency efforts that meet or exceed local energy 

11 efficiency standards. 

12 (c) NATIONAL COMPETITION.— 

13 (1) IN GENERAL.—The Secretary shall select el14 igible entities to receive loans or grants under this 

15 section through a nationwide competitive process, to 

16 be established by the Secretary. 

17 (2) APPLICATIONS.—To be eligible to receive a 

18 loan or grant under this section, an eligible entity 

19 shall submit to the Secretary an application at such 

20 time, in such manner, and containing such informa21 tion as the Secretary may require. 

22 (3) REQUIREMENTS.—In selecting eligible enti23 ties to receive loans or grants under this section, the 

24 Secretary shall, at a minimum— 

25 (A) require that the eligible entity— 


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1 (i) enter into a grant or loan agree2 ment, as applicable, under subsection (d); 

3 and 

4 (ii) has obtained financial commit5 ments (or has demonstrated the capacity 

6 to obtain financial commitments) necessary 

7 to comply with that agreement; 

8 (B) ensure that loans and grants are pro9 vided, and amounts are used, in a manner that 

10 results in geographical diversity throughout the 

11 United States and within States, territories, 

12 and Indian tribal land among photovoltaic solar 

13 electricity generating facilities installed using 

14 the assistance provided under this section; 

15 (C) to the maximum extent practicable, ex16 pand photovoltaic solar energy availability to— 

17 (i) geographical areas, throughout the 

18 United States and within States, terri19 tories, and Indian tribal land, with— 

20 (I) low photovoltaic solar pene21 tration; or 

22 (II) areas with a higher cost bur23 den with respect to the deployment or 

24 installation of photovoltaic solar elec25 tricity generating facilities; 


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1 (ii) rural areas; 

2 (iii) Indian tribes; and 

3 (iv) other underserved areas, including 

4 Appalachian and Alaska Native commu5 nities; 

6 (D) take into account the warranty period 

7 and quality of the applicable photovoltaic solar 

8 electricity generating facility equipment and any 

9 necessary interconnecting equipment; and 

10 (E) ensure all calculations for estimated 

11 household energy savings are based solely on 

12 electricity offsets from the photovoltaic solar 

13 electricity generating facilities. 

14 (d) LOAN AND GRANT AGREEMENTS.— 

15 (1) IN GENERAL.—As a condition of receiving a 

16 loan or grant under this section, an eligible entity 

17 shall enter into a loan or grant agreement, as appli18 cable, with the Secretary. 

19 (2) REQUIREMENTS.—A loan or grant agree20 ment under this subsection shall— 

21 (A) require the Secretary to rescind any 

22 amounts provided to the eligible entity that are 

23 not used during the 2-year period beginning on 

24 the date on which the amounts are initially dis25 tributed to the eligible entity, except in any case 


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1 in which the eligible entity has demonstrated to 

2 the satisfaction of the Secretary that a longer 

3 period, not to exceed 3 years after the date of 

4 initial distribution, is necessary to deliver pro5 posed services; 

6 (B) for a loan provided under this section, 

7 establish— 

8 (i) an interest rate equal to the then9 current cost of funds to the Department of 

10 the Treasury for obligations of comparable 

11 maturity to the loan; and 

12 (ii) a payout time that maximizes the 

13 savings to subscribers during the effective 

14 period of the agreement; and 

15 (C) contain such other terms as the Sec16 retary may require to ensure compliance with 

17 the requirements of this section. 

18 (e) USE.—An eligible entity shall use a loan or grant 

19 provided under this section only for the following activi20 ties, for the purpose of developing new photovoltaic solar 

21 electricity generating facilities in the United States for 

22 low-income households and individuals who otherwise 

23 would likely be unable to afford or purchase photovoltaic 

24 solar electricity generating facilities: 


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1 (1) PHOTOVOLTAIC SOLAR EQUIPMENT AND IN2 STALLATION.—To pay the costs of— 

3 (A) photovoltaic solar equipment and stor4 age and all hardware or software components 

5 relating to safely producing, monitoring, and 

6 connecting the system to the electric grid or on7 site storage; and 

8 (B) installation, including all direct labor 

9 costs associated with installing the photovoltaic 

10 solar equipment and storage. 

11 (2) JOB TRAINING.—To fund onsite job train12 ing and community or volunteer engagement, includ13 ing— 

14 (A) job training costs directly associated 

15 with the solar projects funded under this sec16 tion; and 

17 (B) job training opportunities that may 

18 cover the full range of the solar value chain, 

19 such as marketing and outreach, customer ac20 quisition, system design, and installation posi21 tions. 

22 (3) DEPLOYMENT SUPPORT.—To fund entities 

23 that have a demonstrated ability, as determined by 

24 the Secretary— 


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1 (A) to advise State and local entities re2 garding low-income solar policy, regulatory, and 

3 program design to continue and expand the 

4 work of the entities; 

5 (B) to foster community outreach and edu6 cation regarding the benefits of photovoltaic 

7 solar energy for low-income and disadvantaged 

8 communities; or 

9 (C) to provide apprenticeship program op10 portunities registered and approved by— 

11 (i) the Office of Apprenticeship of the 

12 Department of Labor pursuant to part 29 

13 of title 29, Code of Federal Regulations (or 

14 successor regulations); or 

15 (ii) a State Apprenticeship Agency 

16 recognized by that Office. 

17 (4) ADMINISTRATION.—To pay the administra18 tive expenses of the eligible entity, including 

19 preproject feasibility efforts, associated with deliv20 ering proposed services, subject to the requirement 

21 that not more than 15 percent of the total amount 

22 of the assistance provided to the eligible entity under 

23 this section may be used for administrative expenses. 

24 (f) COMPLIANCE.— 


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1 (1) RECORDS AND AUDITS.—During the period 

2 beginning on the date of initial distribution to an eli3 gible entity of a loan or grant under this section and 

4 ending on the termination date of the loan or grant 

5 under subsection (g), the eligible entity shall main6 tain such records and adopt such administrative 

7 practices as the Secretary may require to ensure 

8 compliance with the requirements of this section and 

9 the applicable loan or grant agreement. 

10 (2) DETERMINATION BY SECRETARY.—If the 

11 Secretary determines that an eligible entity that re12 ceives a grant or loan under this section has not, 

13 during the 2-year period beginning on the date of 

14 initial distribution to the eligible entity of the assist15 ance (or such longer period as is established under 

16 subsection (d)(2)(B)), substantially fulfilled the obli17 gations of the eligible entity under the applicable 

18 loan or grant agreement, the Secretary shall— 

19 (A) rescind the balance of any funds dis20 tributed to, but not used by, the eligible entity 

21 under this section; and 

22 (B) use those amounts to provide other 

23 loans or grants in accordance with this section. 

24 (g) TERMINATION.—The Secretary shall terminate a 

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1 tion that the total amount of the loan or grant (excluding 

2 any interest, fees, and other earnings of the loan or grant) 

3 has been— 

4 (1) fully expended by the eligible entity; or 

5 (2) returned to the Secretary. 

6 (h) REGULATIONS.—Not later than 90 days after the 

7 date of enactment of this Act, the Secretary shall promul8 gate such regulations as the Secretary determines to be 

9 necessary to carry out this section, to take effect on the 

10 date of promulgation. 

11 (i) FUNDING.—There is authorized to be appro12 priated to the Secretary to carry out this section 

13 $200,000,000 for each of fiscal years 2020 through 2024, 

14 to remain available until expended. 

15 PART 2—SAFE, AFFORDABLE, AND ENVIRON16 MENTALLY SOUND NATURAL GAS DISTRIBU17 TION 

18 SEC. 33201. IMPROVING THE NATURAL GAS DISTRIBUTION 

19 SYSTEM. 

20 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

21 of Energy shall establish a program to award grants to 

22 States, in accordance with this section, for the purpose 

23 of providing incentives for natural gas distribution compa24 nies to improve the public safety and environmental per25 formance of the natural gas distribution system. 


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1 (b) GRANTS TO STATES.— 

2 (1) IN GENERAL.—A State may apply for a 

3 grant under this section to provide funds to natural 

4 gas distribution companies in the State that are car5 rying out an eligible project. 

6 (2) REQUIREMENTS.—In applying for a grant 

7 under this section, a State shall demonstrate how 

8 the State rate-setting program will ensure that 

9 funds provided to natural gas distribution companies 

10 under this section are used in accordance with the 

11 requirements of this section. 

12 (c) ELIGIBLE PROJECTS.—A project that is eligible 

13 to be funded through a grant to a State under this section 

14 is a project carried out by a natural gas distribution com15 pany to accelerate, expand, or enhance the implementation 

16 of a plan approved by the State before the date of enact17 ment of this section for— 

18 (1) replacement of cast and wrought iron and 

19 bare steel pipes and other leak-prone components of 

20 the natural gas distribution system; or 

21 (2) inspection and maintenance programs for 

22 the natural gas distribution system. 

23 (d) RATE ASSISTANCE.—A natural gas distribution 

24 company receiving funds through a grant to a State under 

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1 term incremental costs, as reflected in rate increases to 

2 low-income households, of the eligible project. 

3 (e) LIMIT TO TRANSITIONAL ASSISTANCE.—A State 

4 may provide funds to a natural gas distribution company 

5 under this section for a period not to exceed 4 years. 

6 (f) PRIORITIZATION.—In awarding grants under this 

7 section, the Secretary shall prioritize applications based 

8 on the expected results of the State proposal with respect 

9 to— 

10 (1) quantifiable benefits for public safety; 

11 (2) the magnitude of methane emissions reduc12 tions; 

13 (3) innovation in technical or policy approaches; 

14 (4) the number of low-income households antici15 pated to benefit from the assistance; and 

16 (5) overall cost-effectiveness. 

17 (g) AUDITING AND REPORTING REQUIREMENTS.— 

18 The Secretary shall establish auditing and reporting re19 quirements for States with respect to grants awarded 

20 under this section. 

21 (h) DEFINITIONS.—In this section: 

22 (1) LOW-INCOME HOUSEHOLD.—The term 

23 ‘‘low-income household’’ means a household that is 

24 eligible to receive payments under section 2605(b)(2) 


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1 of the Low-Income Home Energy Assistance Act of 

2 1981 (42 U.S.C. 8624(b)(2)). 

3 (2) NATURAL GAS DISTRIBUTION COMPANY.— 

4 The term ‘‘natural gas distribution company’’ means 

5 a person or municipality engaged in the local dis6 tribution of natural gas to the public. 

7 (3) NATURAL GAS DISTRIBUTION SYSTEM.— 

8 The term ‘‘natural gas distribution system’’ means 

9 the facilities used for the local distribution of nat10 ural gas. 

11 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary to carry 

13 out this section $150,000,000 per fiscal year, with the 

14 total amount not to exceed $1,500,000,000. 

15 PART 3—CLEAN DISTRIBUTED ENERGY 

16 PROGRAM 

17 SEC. 33301. SHORT TITLE. 

18 This part may be cited as the ‘‘Local Energy Supply 

19 and Resiliency Act of 2019’’. 

20 SEC. 33302. DEFINITIONS. 

21 In this part: 

22 (1) COMBINED HEAT AND POWER SYSTEM.— 

23 The term ‘‘combined heat and power system’’ means 

24 generation of electric energy and heat in a single, in25 tegrated system that meets the efficiency criteria in 


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1 clauses (ii) and (iii) of section 48(c)(3)(A) of the In2 ternal Revenue Code of 1986, under which heat that 

3 is conventionally rejected is recovered and used to 

4 meet thermal energy requirements. 

5 (2) DEMAND RESPONSE.—The term ‘‘demand 

6 response’’ means changes in electric usage by elec7 tric utility customers from the normal consumption 

8 patterns of the customers in response to— 

9 (A) changes in the price of electricity over 

10 time; or 

11 (B) incentive payments designed to induce 

12 lower electricity use at times of high wholesale 

13 market prices or when system reliability is jeop14 ardized. 

15 (3) DISTRIBUTED ENERGY.—The term ‘‘distrib16 uted energy’’ means energy sources and systems 

17 that— 

18 (A) produce electric or thermal energy 

19 close to the point of use using renewable energy 

20 resources or waste thermal energy; 

21 (B) generate electricity using a combined 

22 heat and power system; 

23 (C) distribute electricity in microgrids; 

24 (D) store electric or thermal energy; or 


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1 (E) distribute thermal energy or transfer 

2 thermal energy to building heating and cooling 

3 systems through a district energy system. 

4 (4) DISTRICT ENERGY SYSTEM.—The term 

5 ‘‘district energy system’’ means a system that pro6 vides thermal energy to buildings and other energy 

7 consumers from one or more plants to individual 

8 buildings to provide space heating, air conditioning, 

9 domestic hot water, industrial process energy, and 

10 other end uses. 

11 (5) ISLANDING.—The term ‘‘islanding’’ means 

12 a distributed generator or energy storage device con13 tinuing to power a location in the absence of electric 

14 power from the primary source. 

15 (6) LOAN.—The term ‘‘loan’’ has the meaning 

16 given the term ‘‘direct loan’’ in section 502 of the 

17 Federal Credit Reform Act of 1990 (2 U.S.C. 661a). 

18 (7) MICROGRID.—The term ‘‘microgrid’’ means 

19 an integrated energy system consisting of inter20 connected loads and distributed energy resources, in21 cluding generators and energy storage devices, with22 in clearly defined electrical boundaries that— 

23 (A) acts as a single controllable entity with 

24 respect to the grid; and 


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1 (B) can connect and disconnect from the 

2 grid to operate in both grid-connected mode 

3 and island mode. 

4 (8) RENEWABLE ENERGY RESOURCE.—The 

5 term ‘‘renewable energy resource’’ includes— 

6 (A) biomass; 

7 (B) geothermal energy; 

8 (C) hydropower; 

9 (D) landfill gas; 

10 (E) municipal solid waste; 

11 (F) ocean (including tidal, wave, current, 

12 and thermal) energy; 

13 (G) organic waste; 

14 (H) photosynthetic processes; 

15 (I) photovoltaic energy; 

16 (J) solar energy; and 

17 (K) wind. 

18 (9) RENEWABLE THERMAL ENERGY.—The term 

19 ‘‘renewable thermal energy’’ means heating or cool20 ing energy derived from a renewable energy re21 source. 

22 (10) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Energy. 

24 (11) THERMAL ENERGY.—The term ‘‘thermal 

25 energy’’ means— 


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1 (A) heating energy in the form of hot 

2 water or steam that is used to provide space 

3 heating, domestic hot water, or process heat; or 

4 (B) cooling energy in the form of chilled 

5 water, ice, or other media that is used to pro6 vide air conditioning, or process cooling. 

7 (12) WASTE THERMAL ENERGY.—The term 

8 ‘‘waste thermal energy’’ means energy that— 

9 (A) is contained in— 

10 (i) exhaust gases, exhaust steam, con11 denser water, jacket cooling heat, or lubri12 cating oil in power generation systems; 

13 (ii) exhaust heat, hot liquids, or flared 

14 gas from any industrial process; 

15 (iii) waste gas or industrial tail gas 

16 that would otherwise be flared, incinerated, 

17 or vented; 

18 (iv) a pressure drop in any gas, ex19 cluding any pressure drop to a condenser 

20 that subsequently vents the resulting heat; 

21 (v) condenser water from chilled water 

22 or refrigeration plants; or 

23 (vi) any other form of waste energy, 

24 as determined by the Secretary; and 


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1 (B)(i) in the case of an existing facility, is 

2 not being used; or 

3 (ii) in the case of a new facility, is not con4 ventionally used in comparable systems. 

5 SEC. 33303. DISTRIBUTED ENERGY LOAN PROGRAM. 

6 (a) LOAN PROGRAM.— 

7 (1) IN GENERAL.—Subject to the provisions of 

8 this subsection and subsections (b) and (c), the Sec9 retary shall establish a program to provide to eligible 

10 entities— 

11 (A) loans for the deployment of distributed 

12 energy systems in a specific project; and 

13 (B) loans to provide funding for programs 

14 to finance the deployment of multiple distrib15 uted energy systems through a revolving loan 

16 fund, credit enhancement program, or other fi17 nancial assistance program. 

18 (2) ELIGIBILITY.—Entities eligible to receive a 

19 loan under paragraph (1) include— 

20 (A) a State, territory, or possession of the 

21 United States; 

22 (B) a State energy office; 

23 (C) a tribal organization (as defined in sec24 tion 4 of the Indian Self-Determination and 

25 Education Assistance Act (25 U.S.C. 5304)); 


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1 (D) an institution of higher education (as 

2 defined in section 101 of the Higher Education 

3 Act of 1965 (20 U.S.C. 1001)); and 

4 (E) an electric utility, including— 

5 (i) a rural electric cooperative; 

6 (ii) a municipally owned electric util7 ity; and 

8 (iii) an investor-owned utility. 

9 (3) SELECTION REQUIREMENTS.—In selecting 

10 eligible entities to receive loans under this section, 

11 the Secretary shall, to the maximum extent prac12 ticable, ensure— 

13 (A) regional diversity among eligible enti14 ties to receive loans under this section, includ15 ing participation by rural States and small 

16 States; and 

17 (B) that specific projects selected for 

18 loans— 

19 (i) expand on the existing technology 

20 deployment program of the Department of 

21 Energy; and 

22 (ii) are designed to achieve one or 

23 more of the objectives described in para24 graph (4). 


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1 (4) OBJECTIVES.—Each deployment selected 

2 for a loan under paragraph (1) shall promote one or 

3 more of the following objectives: 

4 (A) Improved security and resiliency of en5 ergy supply in the event of disruptions caused 

6 by extreme weather events, grid equipment or 

7 software failure, or terrorist acts. 

8 (B) Implementation of distributed energy 

9 in order to increase use of local renewable en10 ergy resources and waste thermal energy 

11 sources. 

12 (C) Enhanced feasibility of microgrids, de13 mand response, or islanding. 

14 (D) Enhanced management of peak loads 

15 for consumers and the grid. 

16 (E) Enhanced reliability in rural areas, in17 cluding high energy cost rural areas. 

18 (5) RESTRICTION ON USE OF FUNDS.—Any eli19 gible entity that receives a loan under paragraph (1) 

20 may only use the loan to fund programs relating to 

21 the deployment of distributed energy systems. 

22 (b) LOAN TERMS AND CONDITIONS.— 

23 (1) TERMS AND CONDITIONS.—Notwithstanding 

24 any other provision of law, in providing a loan under 

25 this section, the Secretary shall provide the loan on 


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1 such terms and conditions as the Secretary deter2 mines, after consultation with the Secretary of the 

3 Treasury, in accordance with this section. 

4 (2) SPECIFIC APPROPRIATION.—No loan shall 

5 be made unless an appropriation for the full amount 

6 of the loan has been specifically provided for that 

7 purpose. 

8 (3) REPAYMENT.—No loan shall be made un9 less the Secretary determines that there is reason10 able prospect of repayment of the principal and in11 terest by the borrower of the loan. 

12 (4) INTEREST RATE.—A loan provided under 

13 this section shall bear interest at a fixed rate that 

14 is equal or approximately equal, in the determination 

15 of the Secretary, to the interest rate for Treasury 

16 securities of comparable maturity. 

17 (5) TERM.—The term of the loan shall require 

18 full repayment over a period not to exceed the lesser 

19 of— 

20 (A) 20 years; or 

21 (B) 90 percent of the projected useful life 

22 of the physical asset to be financed by the loan 

23 (as determined by the Secretary). 

24 (6) USE OF PAYMENTS.—Payments of principal 

25 and interest on the loan shall— 


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1 (A) be retained by the Secretary to support 

2 energy research and development activities; and 

3 (B) remain available until expended, sub4 ject to such conditions as are contained in an5 nual appropriations Acts. 

6 (7) NO PENALTY ON EARLY REPAYMENT.—The 

7 Secretary may not assess any penalty for early re8 payment of a loan provided under this section. 

9 (8) RETURN OF UNUSED PORTION.—In order to 

10 receive a loan under this section, an eligible entity 

11 shall agree to return to the general fund of the 

12 Treasury any portion of the loan amount that is un13 used by the eligible entity within a reasonable period 

14 of time after the date of the disbursement of the 

15 loan, as determined by the Secretary. 

16 (9) COMPARABLE WAGE RATES.—Each laborer 

17 and mechanic employed by a contractor or subcon18 tractor in performance of construction work fi19 nanced, in whole or in part, by the loan shall be paid 

20 wages at rates not less than the rates prevailing on 

21 similar construction in the locality as determined by 

22 the Secretary of Labor in accordance with sub23 chapter IV of chapter 31 of title 40, United States 

24 Code. 


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1 (c) RULES AND PROCEDURES; DISBURSEMENT OF

2 LOANS.— 

3 (1) RULES AND PROCEDURES.—Not later than 

4 180 days after the date of enactment of this Act, the 

5 Secretary shall adopt rules and procedures for car6 rying out the loan program under subsection (a). 

7 (2) DISBURSEMENT OF LOANS.—Not later than 

8 1 year after the date on which the rules and proce9 dures under paragraph (1) are established, the Sec10 retary shall disburse the initial loans provided under 

11 this section. 

12 (d) REPORTS.—Not later than 2 years after the date 

13 of receipt of the loan, and annually thereafter for the term 

14 of the loan, an eligible entity that receives a loan under 

15 this section shall submit to the Secretary a report describ16 ing the performance of each program and activity carried 

17 out using the loan, including itemized loan performance 

18 data. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to carry out this section 

21 such sums as are necessary. 

22 SEC. 33304. TECHNICAL ASSISTANCE AND GRANT PRO23 GRAM. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—The Secretary shall establish 

2 a technical assistance and grant program (referred 

3 to in this section as the ‘‘program’’)— 

4 (A) to disseminate information and provide 

5 technical assistance directly to eligible entities 

6 so the eligible entities can identify, evaluate, 

7 plan, and design distributed energy systems; 

8 and 

9 (B) to make grants to eligible entities so 

10 that the eligible entities may contract to obtain 

11 technical assistance to identify, evaluate, plan, 

12 and design distributed energy systems. 

13 (2) TECHNICAL ASSISTANCE.—The technical 

14 assistance described in paragraph (1) shall include 

15 assistance with one or more of the following activi16 ties relating to distributed energy systems: 

17 (A) Identification of opportunities to use 

18 distributed energy systems. 

19 (B) Assessment of technical and economic 

20 characteristics. 

21 (C) Utility interconnection. 

22 (D) Permitting and siting issues. 

23 (E) Business planning and financial anal24 ysis. 

25 (F) Engineering design. 


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1 (3) INFORMATION DISSEMINATION.—The infor2 mation disseminated under paragraph (1)(A) shall 

3 include— 

4 (A) information relating to the topics de5 scribed in paragraph (2), including case studies 

6 of successful examples; 

7 (B) computer software and databases for 

8 assessment, design, and operation and mainte9 nance of distributed energy systems; and 

10 (C) public databases that track the oper11 ation and deployment of existing and planned 

12 distributed energy systems. 

13 (b) ELIGIBILITY.—Any nonprofit or for-profit entity 

14 shall be eligible to receive technical assistance and grants 

15 under the program. 

16 (c) APPLICATIONS.— 

17 (1) IN GENERAL.—An eligible entity desiring 

18 technical assistance or grants under the program 

19 shall submit to the Secretary an application at such 

20 time, in such manner, and containing such informa21 tion as the Secretary may require. 

22 (2) APPLICATION PROCESS.—The Secretary 

23 shall seek applications for technical assistance and 

24 grants under the program— 

25 (A) on a competitive basis; and 


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1 (B) on a periodic basis, but not less fre2 quently than once every 12 months. 

3 (3) PRIORITIES.—In selecting eligible entities 

4 for technical assistance and grants under the pro5 gram, the Secretary shall give priority to eligible en6 tities with projects that have the greatest potential 

7 for— 

8 (A) facilitating the use of renewable energy 

9 resources; 

10 (B) strengthening the reliability and resil11 iency of energy infrastructure to the impact of 

12 extreme weather events, power grid failures, 

13 and interruptions in supply of fossil fuels; 

14 (C) improving the feasibility of microgrids 

15 or islanding, particularly in rural areas, includ16 ing high energy cost rural areas; 

17 (D) minimizing environmental impact, in18 cluding regulated air pollutants and greenhouse 

19 gas emissions; and 

20 (E) maximizing local job creation. 

21 (d) GRANTS.—On application by an eligible entity, 

22 the Secretary may award grants to the eligible entity to 

23 provide funds to cover not more than— 

24 (1) 100 percent of the costs of the initial as25 sessment to identify opportunities; 


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1 (2) 75 percent of the cost of feasibility studies 

2 to assess the potential for the implementation; 

3 (3) 60 percent of the cost of guidance on over4 coming barriers to implementation, including finan5 cial, contracting, siting, and permitting issues; and 

6 (4) 45 percent of the cost of detailed engineer7 ing. 

8 (e) RULES AND PROCEDURES.— 

9 (1) RULES.—Not later than 180 days after the 

10 date of enactment of this Act, the Secretary shall 

11 adopt rules and procedures for carrying out the pro12 gram. 

13 (2) GRANTS.—Not later than 120 days after 

14 the date of issuance of the rules and procedures for 

15 the program, the Secretary shall issue grants under 

16 this part. 

17 (f) REPORTS.—The Secretary shall submit to Con18 gress and make available to the public— 

19 (1) not less frequently than once every 2 years, 

20 a report describing the performance of the program 

21 under this section, including a synthesis and analysis 

22 of the information provided in the reports submitted 

23 to the Secretary under section 33303(d); and 

24 (2) on termination of the program under this 

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1 cation provided by, the measures carried out by eli2 gible entities during the term of the program. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $250,000,000 for the period of fiscal years 2020 through 

6 2024, to remain available until expended. 

7 PART 4—STRATEGIC PETROLEUM RESERVE 

8 IMPROVEMENTS 

9 SEC. 33401. STRATEGIC PETROLEUM RESERVE IMPROVE10 MENTS. 

11 There is authorized to be appropriated 

12 $4,000,000,000, to remain available until expended, for 

13 capital improvements on, and maintenance of, the Stra14 tegic Petroleum Reserve established under part B of title 

15 I of the Energy Policy and Conservation Act (42 U.S.C. 

16 6231 et seq.) to ensure that the Reserve is operated and 

17 maintained in an environmentally sound manner. 

18 PART 5—REFINED PRODUCT RESERVES 

19 SEC. 33501. REFINED PRODUCT RESERVES. 

20 (a) REFINED PRODUCT RESERVES.—Title I of the 

21 Energy Policy and Conservation Act (42 U.S.C. 6201 et 

22 seq.) is amended by adding at the end the following: 

23 ‘‘PART E—REFINED PRODUCT RESERVES 

24 ‘‘SEC. 191. DEFINITIONS. 

25 ‘‘In this part, the following definitions apply: 


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1 ‘‘(1) REFINED PETROLEUM PRODUCT.—The 

2 term ‘refined petroleum product’ means gasoline and 

3 such other products as the Secretary determines, by 

4 rule, appropriate. 

5 ‘‘(2) RESERVE.—The term ‘Reserve’ means— 

6 ‘‘(A) the Northeast Gasoline Supply Re7 serve established under this part; 

8 ‘‘(B) the Southeast Refined Product Re9 serve established under this part; or 

10 ‘‘(C) any other regional refined petroleum 

11 product supply reserve established under this 

12 part. 

13 ‘‘(3) NORTHEAST.—The term ‘Northeast’ 

14 means the States of New Jersey, New York, 

15 Vermont, Pennsylvania, Connecticut, Rhode Island, 

16 Massachusetts, Maine, New Hampshire, and any 

17 other contiguous State that the Secretary determines 

18 appropriate. 

19 ‘‘(4) SOUTHEAST.—The term ‘Southeast’ 

20 means the States of North Carolina, South Carolina, 

21 Georgia, Florida, Alabama, and any other contig22 uous State that the Secretary determines appro23 priate. 

24 ‘‘SEC. 192. ESTABLISHMENT. 

25 ‘‘(a) IN GENERAL.—The Secretary— 


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1 ‘‘(1) shall establish, maintain, and operate in 

2 the Northeast a Northeast Gasoline Supply Reserve, 

3 which shall be a component of the Strategic Petro4 leum Reserve established under part B of this title; 

5 ‘‘(2) shall, by rule, establish, maintain, and op6 erate in the Southeast a Southeast Refined Product 

7 Reserve, which shall be a component of the Strategic 

8 Petroleum Reserve established under part B of this 

9 title; and 

10 ‘‘(3) may, by rule, establish, maintain, and op11 erate in any other region of the United States, a re12 gional refined petroleum product supply reserve, 

13 which shall be a component of the Strategic Petro14 leum Reserve established under part B of this title. 

15 ‘‘(b) LIMITATION.—A Reserve established under this 

16 part shall contain no more than 1 million barrels of refined 

17 petroleum products. 

18 ‘‘(c) APPLICATION OF PROVISIONS.—Except as oth19 erwise provided in this part, the authorities and require20 ments of part B of this title shall apply to each Reserve. 

21 ‘‘SEC. 193. CONDITIONS FOR RELEASE; PLAN. 

22 ‘‘(a) SALE OF PRODUCTS.—The Secretary may sell 

23 refined petroleum products from a Reserve upon a finding 

24 by the President that there exists, or is likely to exist with25 in the next 30 days, a severe energy supply interruption. 


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1 Such a finding may be made only if the President deter2 mines that— 

3 ‘‘(1) a dislocation in the refined petroleum 

4 product market that will affect the region for which 

5 the Reserve is established has resulted or is likely to 

6 result from such interruption; or 

7 ‘‘(2) a circumstance, other than that described 

8 in paragraph (1), exists that constitutes a regional 

9 shortage, of the refined petroleum product in the 

10 Reserve, of significant scope and duration and that 

11 action taken under this section would assist directly 

12 and significantly in reducing the adverse impact of 

13 such shortage. 

14 ‘‘(b) RELEASE OF PETROLEUM.—After consultation 

15 with potentially affected parties, the Secretary shall deter16 mine procedures governing the release of refined petro17 leum products from a Reserve. The procedures shall pro18 vide that— 

19 ‘‘(1) the Secretary may— 

20 ‘‘(A) sell refined petroleum products from 

21 a Reserve through a competitive process; or 

22 ‘‘(B) enter into exchange agreements for 

23 the refined petroleum products that results in 

24 the Secretary receiving a greater volume of such 


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1 products as repayment than the volume pro2 vided to the acquirer; 

3 ‘‘(2) in all sales or exchanges described in para4 graph (1), the Secretary shall receive revenue or its 

5 equivalent in refined petroleum products that pro6 vides the Department with fair market value; 

7 ‘‘(3) at no time may refined petroleum products 

8 be sold or exchanged resulting in a loss of revenue 

9 or value to the United States; and 

10 ‘‘(4) the Secretary shall only sell or dispose of 

11 refined petroleum products in a Reserve to entities 

12 customarily engaged in the sale and distribution of 

13 such products. 

14 ‘‘(c) PLAN.—Not later than 60 days after the date 

15 of the enactment of this section, the Secretary shall trans16 mit to the President and, if the President approves, to 

17 Congress a plan describing— 

18 ‘‘(1) the proposed acquisition of storage and re19 lated facilities or storage services for the Northeast 

20 Gasoline Supply Reserve and the Southeast Refined 

21 Product Reserve, including the potential use of stor22 age facilities not currently in use; 

23 ‘‘(2) the proposed acquisition of refined petro24 leum products for storage in such Reserves; 


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1 ‘‘(3) the anticipated methods of disposition of 

2 refined petroleum products from such Reserves; 

3 ‘‘(4) the estimated costs of establishment, main4 tenance, and operation of such Reserves; 

5 ‘‘(5) efforts the Department will take to mini6 mize any potential need for future drawdowns and 

7 ensure that distributors and importers are not dis8 couraged from maintaining and increasing supplies 

9 to the Northeast and Southeast; and 

10 ‘‘(6) actions to be taken to ensure quality of the 

11 refined petroleum products in such Reserves. 

12 ‘‘SEC. 194. PRODUCTS FOR STORAGE IN A RESERVE. 

13 ‘‘(a) IN GENERAL.—The Secretary may acquire, 

14 place in storage, transport, or exchange refined petroleum 

15 products acquired by purchase or exchange. 

16 ‘‘(b) OBJECTIVES.—The Secretary shall, to the great17 est extent practicable, acquire refined petroleum products 

18 for a Reserve in a manner consonant with the following 

19 objectives: 

20 ‘‘(1) Minimization of the cost of the Reserve. 

21 ‘‘(2) Minimization of the Nation’s vulnerability 

22 to a severe energy supply interruption. 

23 ‘‘(3) Minimization of the impact of an acquisi24 tion of refined petroleum products on supply levels 

25 and market forces. 


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1 ‘‘(4) Encouragement of competition in the pe2 troleum industry. 

3 ‘‘(c) PROCEDURES.—The Secretary shall develop, 

4 with public notice and opportunity for comment, proce5 dures consistent with the objectives of this section to ac6 quire refined petroleum products for a Reserve. Such pro7 cedures shall take into account the need to— 

8 ‘‘(1) maximize overall domestic supply of re9 fined petroleum products (including quantities stored 

10 in private sector inventories); 

11 ‘‘(2) avoid incurring excessive cost or appre12 ciably affecting the price of refined petroleum prod13 ucts to consumers; 

14 ‘‘(3) minimize the costs to the Department of 

15 Energy in acquiring such refined petroleum prod16 ucts; 

17 ‘‘(4) protect national security; 

18 ‘‘(5) avoid adversely affecting current and fu19 tures prices, supplies, and inventories of refined pe20 troleum products; and 

21 ‘‘(6) address such other factors that the Sec22 retary determines to be appropriate. 

23 ‘‘(d) SEVERE ENERGY SUPPLY DISRUPTION.—If the 

24 Secretary finds that a severe energy supply interruption 

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1 tion of refined petroleum products for a Reserve and may 

2 sell any refined petroleum product acquired for, and in 

3 transit to, such Reserve.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of sections for title I of the Energy Policy and 

6 Conservation Act is amended by striking the items relating 

7 to the second part D, including section 181 of such part, 

8 and inserting the following: 

‘‘PART E—REFINED PRODUCT RESERVES

‘‘Sec. 191. Definitions. 

‘‘Sec. 192. Establishment. 

‘‘Sec. 193. Conditions for release; plan. 

‘‘Sec. 194. Products for storage in a Reserve.’’. 

9 PART 6—DEPARTMENT OF ENERGY OFFICE OF 

10 INDIAN ENERGY 

11 SEC. 33601. AMENDMENT TO REAUTHORIZE PROGRAMS TO 

12 ASSIST INDIAN TRIBES. 

13 (a) DEFINITION OF INDIAN LAND.—Section 2601(2) 

14 of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)) 

15 is amended— 

16 (1) in subparagraph (B)(iii), by striking ‘‘and’’; 

17 (2) in subparagraph (C), by striking ‘‘land.’’ 

18 and inserting ‘‘land; and’’; and 

19 (3) by adding at the end the following subpara20 graph: 

21 ‘‘(D) any land in a census tract in which 

22 the majority of the residents are Natives (as deVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 fined in section 3(b) of the Alaska Native 

2 Claims Settlement Act (43 U.S.C. 1602(b))).’’. 

3 (b) REDUCTION OF COST SHARE.—Section 

4 2602(b)(5) of the Energy Policy Act of 1992 (25 U.S.C. 

5 3502(b)(5)) is amended by adding at the end the following 

6 subparagraph: 

7 ‘‘(D) The Director may reduce any applicable 

8 cost share required of an Indian tribe in order to re9 ceive a grant under this subsection to not less than 

10 10 percent if the Indian tribe meets criteria devel11 oped by the Director, including financial need.’’. 

12 (c) AUTHORIZATION.—Section 2602(b)(7) of the En13 ergy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amend14 ed by striking ‘‘$20,000,000 for each of fiscal years 2006 

15 through 2016’’ and inserting ‘‘$30,000,000 for each of fis16 cal years 2020 through 2024’’. 

17 Subtitle D—Smart Communities 

18 Infrastructure 

19 PART 1—SMART COMMUNITIES 

20 SEC. 34101. 3C ENERGY PROGRAM. 

21 (a) ESTABLISHMENT.—The Secretary of Energy 

22 shall establish a program to be known as the Cities, Coun23 ties, and Communities Energy Program (or the 3C Energy 

24 Program) to provide technical assistance and competitively 

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1 thorities, nonprofit organizations, and other entities the 

2 Secretary determines to be eligible, to incorporate clean 

3 energy into community development and revitalization ef4 forts. 

5 (b) BEST PRACTICE MODELS.—The Secretary of En6 ergy shall— 

7 (1) provide a recipient of technical assistance or 

8 a grant under the program established under sub9 section (a) with best practice models that are used 

10 in jurisdictions of similar size and situation; and 

11 (2) assist such recipient in developing and im12 plementing strategies to achieve its clean energy 

13 technology goals. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $50,000,000 for each of fiscal years 2020 through 2024. 

17 SEC. 34102. FEDERAL TECHNOLOGY ASSISTANCE. 

18 (a) SMART CITY OR COMMUNITY ASSISTANCE PILOT

19 PROGRAM.— 

20 (1) IN GENERAL.—The Secretary of Energy 

21 shall develop and implement a pilot program under 

22 which the Secretary shall contract with the national 

23 laboratories to provide technical assistance to cities 

24 and communities, to improve the access of such cit25 ies and communities to expertise, competencies, and 


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1 infrastructure of the national laboratories for the 

2 purpose of promoting smart city or community tech3 nologies. 

4 (2) PARTNERSHIPS.—In carrying out the pro5 gram under this subsection, the Secretary of Energy 

6 shall prioritize assistance for cities and communities 

7 that have partnered with small business concerns. 

8 (b) TECHNOLOGIST IN RESIDENCE PILOT PRO9 GRAM.— 

10 (1) IN GENERAL.—The Secretary of Energy 

11 shall expand the Technologist in Residence pilot pro12 gram of the Department of Energy to include part13 nerships between national laboratories and local gov14 ernments with respect to research and development 

15 relating to smart cities and communities. 

16 (2) REQUIREMENTS.—For purposes of the part17 nerships entered into under paragraph (1), tech18 nologists in residence shall work with an assigned 

19 unit of local government to develop an assessment of 

20 smart city or community technologies available and 

21 appropriate to meet the objectives of the city or 

22 community, in consultation with private sector enti23 ties implementing smart city or community tech24 nologies. 


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1 (c) GUIDANCE.—The Secretary of Energy, in con2 sultation with the Secretary of Commerce, shall issue 

3 guidance with respect to— 

4 (1) the scope of the programs established and 

5 implemented under subsections (a) and (b); and 

6 (2) requests for proposals from local govern7 ments interested in participating in such programs. 

8 (d) CONSIDERATIONS.—In establishing and imple9 menting the programs under subsections (a) and (b), the 

10 Secretary of Energy shall seek to address the needs of 

11 small- and medium-sized cities. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 $20,000,000 for each of fiscal years 2020 through 2024. 

15 SEC. 34103. TECHNOLOGY DEMONSTRATION GRANT PRO16 GRAM. 

17 (a) IN GENERAL.—The Secretary of Commerce shall 

18 establish a smart city or community regional demonstra19 tion grant program under which the Secretary shall con20 duct demonstration projects focused on advanced smart 

21 city or community technologies and systems in a variety 

22 of communities, including small- and medium-sized cities. 

23 (b) GOALS.—The goals of the program established 

24 under subsection (a) are— 

25 (1) to demonstrate— 


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1 (A) potential benefits of concentrated in2 vestments in smart city or community tech3 nologies relating to public safety that are re4 peatable and scalable; and 

5 (B) the efficiency, reliability, and resilience 

6 of civic infrastructure and services; 

7 (2) to facilitate the adoption of advanced smart 

8 city or community technologies and systems; and 

9 (3) to demonstrate protocols and standards that 

10 allow for the measurement and validation of the cost 

11 savings and performance improvements associated 

12 with the installation and use of smart city or com13 munity technologies and practices. 

14 (c) DEMONSTRATION PROJECTS.— 

15 (1) ELIGIBILITY.—Subject to paragraph (2), a 

16 unit of local government shall be eligible to receive 

17 a grant for a demonstration project under this sec18 tion. 

19 (2) COOPERATION.—To qualify for a dem20 onstration project under this section, a unit of local 

21 government shall agree to follow applicable best 

22 practices identified by the Secretary of Commerce 

23 and the Secretary of Energy, in consultation with in24 dustry entities, to evaluate the effectiveness of the 


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1 implemented smart city or community technologies 

2 to ensure that— 

3 (A) technologies and interoperability can 

4 be assessed; 

5 (B) best practices can be shared; and 

6 (C) data can be shared in a public, inter7 operable, and transparent format. 

8 (3) FEDERAL SHARE OF COST OF TECHNOLOGY

9 INVESTMENTS.—The Secretary of Commerce— 

10 (A) subject to subparagraph (B), shall pro11 vide to a unit of local government selected 

12 under this section for the conduct of a dem13 onstration project a grant in an amount equal 

14 to not more than 50 percent of the total cost 

15 of technology investments to incorporate and 

16 assess smart city or community technologies in 

17 the applicable jurisdiction; but 

18 (B) may waive the cost-share requirement 

19 of subparagraph (A) as the Secretary deter20 mines to be appropriate. 

21 (d) REQUIREMENT.—In conducting demonstration 

22 projects under this section, the Secretary shall— 

23 (1) develop competitive, technology-neutral re24 quirements; 


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1 (2) seek to leverage ongoing or existing civic in2 frastructure investments; and 

3 (3) take into consideration the non-Federal cost 

4 share as a competitive criterion in applicant selec5 tion in order to leverage non-Federal investment. 

6 (e) PUBLIC AVAILABILITY OF DATA AND RE7 PORTS.—The Secretary of Commerce shall ensure that re8 ports, public data sets, schematics, diagrams, and other 

9 works created using a grant provided under this section 

10 are— 

11 (1) available on a royalty-free, non-exclusive 

12 basis; and 

13 (2) open to the public to reproduce, publish, or 

14 otherwise use, without cost. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out subsection 

17 (c) $100,000,000 for each of fiscal years 2020 through 

18 2024. 

19 SEC. 34104. SMART CITY OR COMMUNITY. 

20 (a) IN GENERAL.—In this subtitle, the term ‘‘smart 

21 city or community’’ means a community in which innova22 tive, advanced, and trustworthy information and commu23 nication technologies and related mechanisms are ap24 plied— 

25 (1) to improve the quality of life for residents; 


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1 (2) to increase the efficiency and cost effective2 ness of civic operations and services; 

3 (3) to promote economic growth; and 

4 (4) to create a community that is safer and 

5 more secure, sustainable, resilient, livable, and work6 able. 

7 (b) INCLUSIONS.—The term ‘‘smart city or commu8 nity’’ includes a local jurisdiction that— 

9 (1) gathers and incorporates data from sys10 tems, devices, and sensors embedded in civic systems 

11 and infrastructure to improve the effectiveness and 

12 efficiency of civic operations and services; 

13 (2) aggregates and analyzes gathered data; 

14 (3) communicates the analysis and data in a va15 riety of formats; 

16 (4) makes corresponding improvements to civic 

17 systems and services based on gathered data; and 

18 (5) integrates measures— 

19 (A) to ensure the resilience of civic systems 

20 against cybersecurity threats and physical and 

21 social vulnerabilities and breaches; 

22 (B) to protect the private data of resi23 dents; and 


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1 (C) to measure the impact of smart city or 

2 community technologies on the effectiveness and 

3 efficiency of civic operations and services. 

4 PART 2—CLEAN CITIES COALITION PROGRAM 

5 SEC. 34201. CLEAN CITIES COALITION NETWORK PROGRAM. 

6 (a) ESTABLISHMENT.—There is established within 

7 the Department of Energy a program to be known as the 

8 ‘‘Clean Cities Coalition Network’’. 

9 (b) PROJECTS AND ACTIVITIES.—Under the program 

10 established in subsection (a), the Secretary and the Clean 

11 Cities coalitions shall carry out projects and activities, to 

12 improve air quality and reduce petroleum consumption in 

13 the transportation sector, that— 

14 (1) encourage the use of alternative fuel vehi15 cles and alternative fuels; 

16 (2) expedite the establishment of regional and 

17 national infrastructure to fuel alternative fuel vehi18 cles; 

19 (3) reduce vehicle emissions; and 

20 (4) promote fuel efficient technologies and traf21 fic management practices. 

22 (c) PROGRAM ELEMENTS.—In carrying out the pro23 gram established in subsection (a) the Secretary shall— 

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1 tions of higher education, and private entities as 

2 Clean Cities coalitions under the program; 

3 (2) designate partnerships that the Secretary 

4 determines meet the criteria established under para5 graph (1) as Clean Cities coalitions; 

6 (3) make awards to Clean Cities coalitions that 

7 provide matching funds— 

8 (A) to support project-specific activities of 

9 such coalitions; and 

10 (B) to promote public education and 

11 awareness of alternative fuel vehicles and alter12 native fuels; 

13 (4) make awards to Clean Cities coalitions for 

14 administrative expenses of such coalitions; 

15 (5) provide technical assistance and training to 

16 Clean Cities coalitions; 

17 (6) provide opportunities for communication 

18 among Clean Cities coalitions; and 

19 (7) maintain, and make available to the public, 

20 a centralized database of information included in the 

21 reports submitted under subsection (d). 

22 (d) ANNUAL REPORT.—Each Clean Cities coalition 

23 shall submit an annual report to the Secretary on the ac24 tivities and accomplishments of the coalition. 

25 (e) DEFINITIONS.—In this section: 


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1 (1) ALTERNATIVE FUEL.—The term ‘‘alter2 native fuel’’ has the meaning given such term in sec3 tion 32901 of title 49, United States Code. 

4 (2) ALTERNATIVE FUEL VEHICLE.—The term 

5 ‘‘alternative fuel vehicle’’ any vehicle that is capable 

6 of operating, partially or exclusively, on an alter7 native fuel. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Energy. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this sec12 tion— 

13 (1) $50,000,000 for fiscal year 2020; 

14 (2) $55,000,000 for fiscal year 2021; 

15 (3) $60,000,000 for fiscal year 2022; 

16 (4) $65,000,000 for fiscal year 2023; and 

17 (5) $70,000,000 for fiscal year 2024. 

18 PART 3—ELECTRIC VEHICLE INFRASTRUCTURE 

19 SEC. 34301. STATEMENT OF NATIONAL POLICY. 

20 It is the policy of the United States to promote great21 er electrification of the transportation sector in order to 

22 maintain a transportation sector that can provide for the 

23 movement of people, goods, and services and achieve each 

24 of the following, which together characterize a transpor25 tation system with fewer negative environmental effects: 


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1 (1) Reduced greenhouse gas emissions. 

2 (2) Improved air quality. 

3 (3) Greater fuel efficiency. 

4 (4) Nationwide deployment of electric vehicles 

5 and integration of electric vehicle supply equipment. 

6 (5) Maintenance of a competitive domestic man7 ufacturing base and skilled workforce to provide 

8 electric vehicles and electric vehicle supply equip9 ment. 

10 SEC. 34302. DEFINITIONS. 

11 In this part, the following definitions apply: 

12 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 

13 The term ‘‘electric vehicle supply equipment’’ means 

14 the conductors, including the ungrounded, grounded, 

15 and equipment grounding conductors, the electric ve16 hicle connectors, attachment plugs, and all other fit17 tings, devices, power outlets, or apparatuses installed 

18 specifically for the purpose of delivering energy to an 

19 electric vehicle. 

20 (2) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy. 


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1 SEC. 34303. MODEL BUILDING CODE FOR ELECTRIC VEHI2 CLE SUPPLY EQUIPMENT. 

3 (a) DEVELOPMENT.—The Secretary shall develop a 

4 proposal to establish or update, as appropriate, model 

5 building codes for— 

6 (1) integrating electric vehicle supply equipment 

7 into residential and commercial buildings that in8 clude space for individual vehicle or fleet vehicle 

9 parking; and 

10 (2) integrating onsite renewable power equip11 ment and electric storage equipment (including elec12 tric vehicle batteries to be used for electric storage) 

13 in residential and commercial buildings. 

14 (b) CONSULTATION.—In developing the proposal 

15 under subsection (a), the Secretary shall consult with 

16 stakeholders representing the building construction indus17 try, manufacturers of electric vehicles and electric vehicle 

18 supply equipment, State and local governments, and any 

19 other persons with relevant expertise or interests. 

20 (c) DEADLINE.—Not later than 1 year after the date 

21 of enactment of this Act, the Secretary shall submit the 

22 proposal developed under subsection (a) to the American 

23 Society of Heating, Refrigerating, and Air Conditioning 

24 Engineers and the International Code Council for consid25 eration. 


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1 SEC. 34304. UTILITY ELECTRIC VEHICLE CHARGING PRO2 GRAMS. 

3 (a) CONSIDERATION AND DETERMINATION RESPECT4 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 

5 of the Public Utility Regulatory Policies Act of 1978 (16 

6 U.S.C. 2621(d)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(20) UTILITY ELECTRIC VEHICLE CHARGING

9 PROGRAMS.— 

10 ‘‘(A) IN GENERAL.—Each State shall con11 sider authorizing each electric utility of the 

12 State to recover from ratepayers any capital, 

13 operating expenditure, or other costs of the 

14 electric utility relating to the deployment of 

15 electric vehicle supply equipment designed to 

16 provide vehicle charging or load management. 

17 ‘‘(B) DEFINITION.—For purposes of this 

18 paragraph, the term ‘electric vehicle supply 

19 equipment’ means the conductors, including the 

20 ungrounded, grounded, and equipment ground21 ing conductors, the electric vehicle connectors, 

22 attachment plugs, and all other fittings, devices, 

23 power outlets, or apparatuses installed specifi24 cally for the purpose of delivering energy to an 

25 electric vehicle.’’. 

26 (b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 


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1 (1) TIME LIMITATIONS.—Section 112(b) of the 

2 Public Utility Regulatory Policies Act of 1978 (16 

3 U.S.C. 2622(b)) is amended by adding at the end 

4 the following: 

5 ‘‘(7)(A) Not later than 1 year after the enact6 ment of this paragraph, each State regulatory au7 thority (with respect to each electric utility for which 

8 it has ratemaking authority) and each nonregulated 

9 utility shall commence the consideration referred to 

10 in section 111, or set a hearing date for consider11 ation, with respect to the standards established by 

12 paragraph (20) of section 111(d). 

13 ‘‘(B) Not later than 2 years after the date of 

14 the enactment of this paragraph, each State regu15 latory authority (with respect to each electric utility 

16 for which it has ratemaking authority), and each 

17 nonregulated electric utility, shall complete the con18 sideration, and shall make the determination, re19 ferred to in section 111 with respect to each stand20 ard established by paragraph (20) of section 

21 111(d).’’. 

22 (2) FAILURE TO COMPLY.—Section 112(c) of 

23 the Public Utility Regulatory Policies Act of 1978 

24 (16 U.S.C. 2622(c)) is amended by striking ‘‘(19)’’ 

25 and inserting ‘‘(20)’’. 


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1 (3) PRIOR STATE ACTIONS.—Section 112 of the 

2 Public Utility Regulatory Policies Act of 1978 (16 

3 U.S.C. 2622) is amended by adding at the end the 

4 following: 

5 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

6 (c) of this section shall not apply to the standard estab7 lished by paragraph (20) of section 111(d) in the case of 

8 any electric utility in a State if, before the enactment of 

9 this subsection— 

10 ‘‘(1) the State has implemented for such utility 

11 the standard concerned (or a comparable standard); 

12 ‘‘(2) the State regulatory authority for such 

13 State or relevant nonregulated electric utility has 

14 conducted a proceeding to consider implementation 

15 of the standard concerned (or a comparable stand16 ard) for such utility; or 

17 ‘‘(3) the State legislature has voted on the im18 plementation of such standard (or a comparable 

19 standard) for such utility.’’. 

20 SEC. 34305. STATE TRANSPORTATION ELECTRIFICATION 

21 PLANNING GRANTS. 

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) STATE ENERGY TRANSPORTATION PLANS.—Part 

10 D of title III of the Energy Policy and Conservation Act 

11 (42 U.S.C. 6321 et seq.) is amended by adding at the end 

12 the following: 

13 ‘‘SEC. 367. STATE ENERGY TRANSPORTATION PLANS. 

14 ‘‘(a) IN GENERAL.—The Secretary may provide fi15 nancial assistance to a State to develop a State energy 

16 transportation plan, for inclusion in a State energy con17 servation plan under section 362(d), to promote the elec18 trification of the transportation system, reduced consump19 tion of fossil fuels, and improved air quality. 

20 ‘‘(b) CONTENTS.—A State developing a State energy 

21 transportation plan under this section shall include in such 

22 plan a plan to— 

23 ‘‘(1) deploy a network of electric vehicle supply 

24 equipment to ensure access to electricity for electric 

25 vehicles; and 


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1 ‘‘(2) promote modernization of the electric grid 

2 to accommodate demand for power to operate elec3 tric vehicle supply equipment and to utilize energy 

4 storage capacity provided by electric vehicles. 

5 ‘‘(c) 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; and 

19 ‘‘(7) public and private entities that manage ve20 hicle fleets. 

21 ‘‘(d) TECHNICAL ASSISTANCE.—Upon request of the 

22 Governor of a State, the Secretary shall provide informa23 tion and technical assistance in the development, imple24 mentation, or revision of a State energy transportation 

25 plan. 


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1 ‘‘(e) ELECTRIC VEHICLE SUPPLY EQUIPMENT DE2 FINED.—For purposes of this section, the term ‘electric 

3 vehicle supply equipment’ means the conductors, including 

4 the ungrounded, grounded, and equipment grounding con5 ductors, the electric vehicle connectors, attachment plugs, 

6 and all other fittings, devices, power outlets, or 

7 apparatuses installed specifically for the purpose of deliv8 ering energy to an electric vehicle.’’. 

9 SEC. 34306. ELECTRIC VEHICLE SUPPLY EQUIPMENT CO10 ORDINATION. 

11 (a) IN GENERAL.—Not later than 90 days after the 

12 date of enactment of this Act, the Secretary, acting 

13 through the Assistant Secretary of the Office of Electricity 

14 Delivery and Energy Reliability (including the Smart Grid 

15 Task Force), shall convene a group to assess progress in 

16 the development of standards necessary to— 

17 (1) support the expanded deployment of electric 

18 vehicle supply equipment; 

19 (2) develop an electric vehicle charging network 

20 to provide reliable charging for electric vehicles na21 tionwide; and 

22 (3) ensure the development of such network will 

23 not compromise the stability and reliability of the 

24 electric grid. 


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1 (b) REPORT TO CONGRESS.—Not later than 1 year 

2 after the date of enactment of this Act, the Secretary shall 

3 provide to the Committee on Energy and Commerce of the 

4 House of Representatives and to the Committee on En5 ergy and Natural Resources of the Senate a report con6 taining the results of the assessment carried out under 

7 subsection (a) and recommendations to overcome any bar8 riers to standards development or adoption identified by 

9 the group convened under such subsection. 

10 SEC. 34307. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) STATE ENERGY CONSERVATION PLANS.—Section 

12 365(f) of the Energy Policy and Conservation Act (42 

13 U.S.C. 6325(f)) is amended to read as follows: 

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) STATE ENERGY CONSERVATION PLANS.— 

16 For the purpose of carrying out this part, there is 

17 authorized to be appropriated $100,000,000 for each 

18 of fiscal years 2020 through 2024. 

19 ‘‘(2) STATE ENERGY TRANSPORTATION

20 PLANS.—In addition to the amounts authorized 

21 under paragraph (1), for the purpose of carrying out 

22 section 367, there is authorized to be appropriated 

23 $25,000,000 for each of fiscal years 2020 through 

24 2024.’’. 


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1 (b) TRANSPORTATION ELECTRIFICATION.—Section 

2 131 of the Energy Independence and Security Act of 2007 

3 (42 U.S.C. 17011) is amended— 

4 (1) in subsection (b)(6), by striking ‘‘2008 

5 through 2012’’ and inserting ‘‘2020 through 2024’’; 

6 and 

7 (2) in subsection (c)(4), by striking ‘‘2008 

8 through 2013’’ and inserting ‘‘2020 through 2024’’. 

9 TITLE IV—HEALTH CARE 

10 INFRASTRUCTURE 

11 Subtitle A—Hospital Infrastructure 

12 SEC. 41001. HOSPITAL INFRASTRUCTURE. 

13 Section 1610(a) of the Public Health Service Act (42 

14 U.S.C. 300r(a)) is amended by striking paragraph (3) and 

15 inserting the following paragraphs: 

16 ‘‘(3) PRIORITY.—In awarding grants under this sub17 section, the Secretary shall give priority to applicants 

18 whose projects will include, by design, cybersecurity 

19 against cyber threats. 

20 ‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— 

21 ‘‘(A) IN GENERAL.—As a condition on receipt 

22 of a grant under this section for a project, an entity 

23 shall ensure that all of the iron and steel products 

24 used in the project are produced in the United 

25 States. 


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1 ‘‘(B) APPLICATION.—Subparagraph (A) shall 

2 be waived in any case or category of cases in which 

3 the Secretary finds that— 

4 ‘‘(i) applying subparagraph (A) would be 

5 inconsistent with the public interest; 

6 ‘‘(ii) iron and steel products are not pro7 duced in the United States in sufficient and 

8 reasonably available quantities and of a satis9 factory quality; or 

10 ‘‘(iii) inclusion of iron and steel products 

11 produced in the United States will increase the 

12 cost of the overall project by more than 25 per13 cent. 

14 ‘‘(C) WAIVER.—If the Secretary receives a re15 quest for a waiver under this paragraph, the Sec16 retary shall make available to the public, on an in17 formal basis, a copy of the request and information 

18 available to the Secretary concerning the request, 

19 and shall allow for informal public input on the re20 quest for at least 15 days prior to making a finding 

21 based on the request. The Secretary shall make the 

22 request and accompanying information available by 

23 electronic means, including on the official public 

24 internet site of the Department of Health and 

25 Human Services. 


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1 ‘‘(D) INTERNATIONAL AGREEMENTS.—This 

2 paragraph shall be applied in a manner consistent 

3 with United States obligations under international 

4 agreements. 

5 ‘‘(E) MANAGEMENT AND OVERSIGHT.—The 

6 Secretary may retain up to 0.25 percent of the funds 

7 appropriated for this section for management and 

8 oversight of the requirements of this paragraph. 

9 ‘‘(F) EFFECTIVE DATE.—This paragraph does 

10 not apply with respect to a project if a State agency 

11 approves the engineering plans and specifications for 

12 the project, in that agency’s capacity to approve 

13 such plans and specifications prior to a project re14 questing bids, prior to the date of enactment of this 

15 paragraph. 

16 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—To 

17 carry out this subsection, there is authorized to be appro18 priated $400,000,000 for each of fiscal years 2020 

19 through 2024.’’. 


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1 Subtitle B—Indian Health Program 

2 Health Care Infrastructure 

3 SEC. 42001. 21ST CENTURY INDIAN HEALTH PROGRAM HOS4 PITALS AND OUTPATIENT HEALTH CARE FA5 CILITIES. 

6 The Indian Health Care Improvement Act is amend7 ed by inserting after section 301 of such Act (25 U.S.C. 

8 1631) the following: 

9 ‘‘SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, 

10 CONSTRUCTION, MODERNIZATION, AND REN11 OVATION OF HOSPITALS AND OUTPATIENT 

12 HEALTH CARE FACILITIES. 

13 ‘‘(a) ADDITIONAL FUNDING.—For the purpose de14 scribed in subsection (b), in addition to any other funds 

15 available for such purpose, there is authorized to be appro16 priated to the Secretary $200,000,000 for each of fiscal 

17 years 2020 through 2024. 

18 ‘‘(b) PURPOSE.—The purpose described in this sub19 section is the planning, design, construction, moderniza20 tion, and renovation of hospitals and outpatient health 

21 care facilities that are funded, in whole or part, by the 

22 Service through, or provided for in, a contract or compact 

23 with the Service under the Indian Self-Determination and 

24 Education Assistance Act (25 U.S.C. 5301 et seq.).’’. 


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1 Subtitle C—Laboratory 

2 Infrastructure 

3 SEC. 43001. PILOT PROGRAM TO IMPROVE LABORATORY IN4 FRASTRUCTURE. 

5 (a) IN GENERAL.—The Secretary of Health and 

6 Human Services may award grants to States and political 

7 subdivisions of States to support the improvement, renova8 tion, or modernization of infrastructure at clinical labora9 tories (as defined in section 353 of the Public Health Serv10 ice Act (42 U.S.C. 263a)). 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

12 out this section, there is authorized to be appropriated 

13 $100,000,000, to remain available until expended. 

14 Subtitle D—Community-Based 

15 Care Infrastructure 

16 SEC. 44001. PILOT PROGRAM TO IMPROVE COMMUNITY17 BASED CARE INFRASTRUCTURE. 

18 (a) IN GENERAL.—The Secretary of Health and 

19 Human Services may award grants to qualified teaching 

20 health centers (as defined in section 340H of the Public 

21 Health Service Act (42 U.S.C. 256h)) and behavioral 

22 health care centers (as defined by the Secretary, to include 

23 both substance abuse and mental health care facilities) to 

24 support the improvement, renovation, or modernization of 

25 infrastructure at such centers. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there is authorized to be appropriated 

3 $100,000,000, to remain available until expended. 

4 Subtitle E—Public Health 

5 Infrastructure 

6 SEC. 45001. PUBLIC HEALTH DATA SYSTEM TRANS7 FORMATION. 

8 (a) IN GENERAL.— 

9 (1) EXPANDING CDC CAPABILITIES.—The Sec10 retary of Health and Human Services (in this sec11 tion referred to as the ‘‘Secretary’’) shall expand, 

12 enhance, and improve the capabilities of the Centers 

13 for Disease Control and Prevention relating to infor14 mation technology, data, and data systems for pre15 paring, detecting, and responding effectively to pub16 lic health events. Activities that may be carried out 

17 under the preceding sentence include— 

18 (A) optimizing public health data collec19 tion, transmission, exchange, analysis, and vis20 ualization; 

21 (B) exchanging data among the Centers 

22 for Disease Control and Prevention, State, 

23 local, Tribal, and territorial public health de24 partments, and health care providers; 


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1 (C) enhancing the interoperability of public 

2 health data systems including with health infor3 mation technology; and 

4 (D) expanding or enhancing the workforce 

5 and training of public health data systems and 

6 informatics personnel. 

7 (2) CONSULTATION.—In carrying out para8 graph (1), the Secretary shall consult with appro9 priate State and local health departments, health 

10 professionals, health information technology experts, 

11 and other appropriate public or private entities as 

12 determined appropriate by the Secretary to develop 

13 technical and reporting standards (including stand14 ards for interoperability) for public health data sys15 tems. 

16 (b) GRANTS.—The Secretary, acting through the Di17 rector of the Centers for Disease Control and Prevention, 

18 shall award grants to State, local, Tribal, and territorial 

19 public health departments that meet such criteria as the 

20 Director determines appropriate, for public health data 

21 systems, including systems for electronic case reporting. 

22 (c) REPORT TO CONGRESS.—The Secretary shall 

23 submit a report to the Committee on Energy and Com24 merce of the House of Representatives and the Committee 


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1 on Health, Education, Labor, and Pensions of the Senate 

2 on the activities carried out under this section. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

4 out this section, there is authorized to be appropriated 

5 $100,000,000 for each of fiscal years 2020 through 2024. 

6 SEC. 45002. CORE PUBLIC HEALTH INFRASTRUCTURE FOR 

7 STATE, LOCAL, AND TRIBAL HEALTH DEPART8 MENTS. 

9 (a) PROGRAM.—The Secretary of Health and Human 

10 Services acting through the Director of the Centers for 

11 Disease Control and Prevention (in this section referred 

12 to as the ‘‘Secretary’’) shall establish a core public health 

13 infrastructure program consisting of awarding grants 

14 under subsection (b). 

15 (b) GRANTS.— 

16 (1) AWARD.—For the purpose of addressing 

17 core public health infrastructure needs, the Sec18 retary— 

19 (A) shall award a grant to each State 

20 health department; and 

21 (B) may award grants on a competitive 

22 basis to State, local, or Tribal health depart23 ments. 


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1 (2) ALLOCATION.—Of the total amount of 

2 funds awarded as grants under this subsection for a 

3 fiscal year— 

4 (A) not less than 50 percent shall be for 

5 grants to State health departments under para6 graph (1)(A); and 

7 (B) not less than 30 percent shall be for 

8 grants to State, local, or Tribal health depart9 ments under paragraph (1)(B). 

10 (c) USE OF FUNDS.—The Secretary may award a 

11 grant to an entity under subsection (b)(1) only if the enti12 ty agrees to use the grant to address core public health 

13 infrastructure needs, including those identified in the ac14 creditation process under subsection (g). 

15 (d) FORMULA GRANTS TO STATE HEALTH DEPART16 MENTS.—In making grants under subsection (b)(1)(A), 

17 the Secretary shall award funds to each State health de18 partment in accordance with— 

19 (1) a formula based on population size; burden 

20 of preventable disease and disability; and core public 

21 health infrastructure gaps, including those identified 

22 in the accreditation process under subsection (g); 

23 and 

24 (2) application requirements established by the 

25 Secretary, including a requirement that the State 


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1 submit a plan that demonstrates to the satisfaction 

2 of the Secretary that the State’s health department 

3 will— 

4 (A) address its highest priority core public 

5 health infrastructure needs; and 

6 (B) as appropriate, allocate funds to local 

7 health departments within the State. 

8 (e) COMPETITIVE GRANTS TO STATE, LOCAL, AND

9 TRIBAL HEALTH DEPARTMENTS.—In making grants 

10 under subsection (b)(1)(B), the Secretary shall give pri11 ority to applicants demonstrating core public health infra12 structure needs identified in the accreditation process 

13 under subsection (g). 

14 (f) MAINTENANCE OF EFFORT.—The Secretary may 

15 award a grant to an entity under subsection (b) only if 

16 the entity demonstrates to the satisfaction of the Sec17 retary that— 

18 (1) funds received through the grant will be ex19 pended only to supplement, and not supplant, non20 Federal and Federal funds otherwise available to the 

21 entity for the purpose of addressing core public 

22 health infrastructure needs; and 

23 (2) with respect to activities for which the grant 

24 is awarded, the entity will maintain expenditures of 

25 non-Federal amounts for such activities at a level 


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1 not less than the level of such expenditures main2 tained by the entity for the fiscal year preceding the 

3 fiscal year for which the entity receives the grant. 

4 (g) ESTABLISHMENT OF A PUBLIC HEALTH ACCRED5 ITATION PROGRAM.— 

6 (1) IN GENERAL.—The Secretary shall— 

7 (A) develop, and periodically review and 

8 update, standards for voluntary accreditation of 

9 State, local, and Tribal health departments and 

10 public health laboratories for the purpose of ad11 vancing the quality and performance of such de12 partments and laboratories; and 

13 (B) implement a program to accredit such 

14 health departments and laboratories in accord15 ance with such standards. 

16 (2) COOPERATIVE AGREEMENT.—The Secretary 

17 may enter into a cooperative agreement with a pri18 vate nonprofit entity to carry out paragraph (1). 

19 (h) REPORT.—The Secretary shall submit to the Con20 gress an annual report on progress being made to accredit 

21 entities under subsection (g), including— 

22 (1) a strategy, including goals and objectives, 

23 for accrediting entities under subsection (g) and 

24 achieving the purpose described in subsection 

25 (g)(1)(A); and 


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1 (2) identification of gaps in research related to 

2 core public health infrastructure and recommenda3 tions of priority areas for such research. 

4 (i) DEFINITION.—In this section, the term ‘‘core pub5 lic health infrastructure’’ includes workforce capacity and 

6 competency; laboratory systems; health information, 

7 health information systems, and health information anal8 ysis; communications; financing; other relevant compo9 nents of organizational capacity; and other related activi10 ties. 

11 (j) AUTHORIZATION OF APPROPRIATIONS.—To carry 

12 out this section, there are authorized to be appropriated— 

13 (1) for fiscal year 2020, $300,000,000; 

14 (2) for fiscal year 2021, $350,000,000; 

15 (3) for fiscal year 2022, $400,000,000; 

16 (4) for fiscal year 2023, $450,000,000; and 

17 (5) for fiscal year 2024, $500,000,000. 

18 SEC. 45003. CORE PUBLIC HEALTH INFRASTRUCTURE AND 

19 ACTIVITIES FOR CDC. 

20 (a) IN GENERAL.—The Secretary acting through the 

21 Director of the Centers for Disease Control and Preven22 tion (in this section referred to as the ‘‘Secretary’’) shall 

23 expand and improve the core public health infrastructure 

24 and activities of the Centers for Disease Control and PreVerDate Sep 11 2014 02:50 Jun 04, 2019 Jkt 034408 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H2741.IH H2741

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1 vention to address unmet and emerging public health 

2 needs. 

3 (b) REPORT.—The Secretary shall submit to the Con4 gress an annual report on the activities funded through 

5 this section. 

6 (c) DEFINITION.—In this section, the term ‘‘core 

7 public health infrastructure’’ has the meaning given to 

8 such term in section 45002. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

10 out this section, there is authorized to be appropriated 

11 $350,000,000 for each of fiscal years 2020 through 2024. 

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 2020; 

23 ‘‘(B) $400,000,000 for fiscal year 2021; 

24 ‘‘(C) $450,000,000 for fiscal year 2022; 


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1 ‘‘(D) $500,000,000 for fiscal year 2023; 

2 and 

3 ‘‘(E) $550,000,000 for fiscal year 2024.’’. 

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 2020; 

12 ‘‘(B) $80,000,000 for fiscal year 2021; 

13 ‘‘(C) $90,000,000 for fiscal year 2022; 

14 ‘‘(D) $100,000,000 for fiscal year 2023; 

15 and 

16 ‘‘(E) $110,000,000 for fiscal year 2024.’’. 

Æ 


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