157 
(3) FEDERAL SHARE OF COST OF TECHNOLOGY 
INVESTMENTS.—The Secretary of Commerce— 
(A) subject to subparagraph (B), shall pro-
vide to a unit of local government selected 
under this section for the conduct of a dem-
onstration project a grant in an amount equal 
to not more than 50 percent of the total cost 
of technology investments to incorporate and 
assess smart city or community technologies in 
the applicable jurisdiction; but 
(B) may waive the cost-share requirement 
of subparagraph (A) as the Secretary deter-
mines to be appropriate. 
(d) REQUIREMENT.—In conducting demonstration 
projects under this section, the Secretary shall— 
(1) develop competitive, technology-neutral re-
quirements; 
(2) seek to leverage ongoing or existing civic in-
frastructure investments; and 
(3) take into consideration the non-Federal cost 
share as a competitive criterion in applicant selec-
tion in order to leverage non-Federal investment. 
(e) PUBLIC
AVAILABILITY
OF
DATA
AND
RE-
PORTS.—The Secretary of Commerce shall ensure that re-
ports, public data sets, schematics, diagrams, and other 
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works created using a grant provided under this section 
are— 
(1) available on a royalty-free, non-exclusive 
basis; and 
(2) open to the public to reproduce, publish, or 
otherwise use, without cost. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out subsection 
(c) $100,000,000 for each of fiscal years 2018 through 
2022. 
SEC. 34004. SMART CITY OR COMMUNITY. 
(a) IN GENERAL.—In this subtitle, the term ‘‘smart 
city or community’’ means a community in which innova-
tive, advanced, and trustworthy information and commu-
nication technologies and related mechanisms are ap-
plied— 
(1) to improve the quality of life for residents; 
(2) to increase the efficiency and cost effective-
ness of civic operations and services; 
(3) to promote economic growth; and 
(4) to create a community that is safer and 
more secure, sustainable, resilient, livable, and work-
able. 
(b) INCLUSIONS.—The term ‘‘smart city or commu-
nity’’ includes a local jurisdiction that— 
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159 
(1) gathers and incorporates data from sys-
tems, devices, and sensors embedded in civic systems 
and infrastructure to improve the effectiveness and 
efficiency of civic operations and services; 
(2) aggregates and analyzes gathered data; 
(3) communicates the analysis and data in a va-
riety of formats; 
(4) makes corresponding improvements to civic 
systems and services based on gathered data; and 
(5) integrates measures— 
(A) to ensure the resilience of civic systems 
against cybersecurity threats and physical and 
social vulnerabilities and breaches; 
(B) to protect the private data of resi-
dents; and 
(C) to measure the impact of smart city or 
community technologies on the effectiveness and 
efficiency of civic operations and services. 
TITLE IV—BROWNFIELDS 
REDEVELOPMENT 
SEC. 40001. SHORT TITLE. 
This title may be cited as the ‘‘Brownfields Author-
ization Increase Act of 2017’’. 
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160 
SEC. 40002. CLARIFICATION OF STATE OR LOCAL GOVERN-
MENT OWNERSHIP. 
Section 101(20)(D) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601(20)(D)) is amended by striking 
‘‘involuntarily’’ the first place it appears. 
SEC. 40003. NONPROFIT ORGANIZATION ELIGIBILITY. 
(a) DEFINITION
OF ELIGIBLE ENTITY.—Section 
104(k)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)(1)) is amended— 
(1) in subparagraph (G), by striking ‘‘Alaska; 
or’’ and inserting ‘‘Alaska;’’; 
(2) in subparagraph (H), by striking ‘‘Indian 
community.’’ and inserting ‘‘Indian community; or’’; 
and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(I) a nonprofit organization, including— 
‘‘(i) an organization described in sec-
tion 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from taxation 
under section 501(a) of such Code; 
‘‘(ii) a limited liability corporation in 
which all managing members or all mem-
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161 
bers are organizations described under 
clause (i); 
‘‘(iii) a limited partnership in which 
all general partners are— 
‘‘(I) 
organizations 
described 
under clause (i); 
‘‘(II) limited liability corporations 
whose members are all organizations 
described under clause (i); or 
‘‘(III) any combination of sub-
clauses (I) and (II); or 
‘‘(iv) a qualified community develop-
ment 
entity, 
as 
defined 
in 
section 
45D(c)(1) of the Internal Revenue Code of 
1986.’’. 
(b) CONFORMING AMENDMENTS.—Section 104(k) of 
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9604(k)) is 
amended— 
(1) in paragraph (3)— 
(A) in subparagraph (A)(ii)— 
(i) by striking ‘‘or nonprofit organiza-
tions’’; and 
(ii) by striking ‘‘or organization’’; and 
(B) in subparagraph (B)(ii)— 
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162 
(i) by striking ‘‘or other nonprofit or-
ganization’’; and 
(ii) by striking ‘‘or nonprofit organiza-
tion’’; and 
(2) in paragraph (6)(A), by striking ‘‘or non-
profit organizations’’. 
SEC. 40004. INCREASED FUNDING LIMIT FOR DIRECT REME-
DIATION. 
Section 104(k)(3)(A) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9604(k)(3)(A)), as amended in section 
40003(b) of this Act, is further amended— 
(1) in clause (ii)— 
(A) by striking ‘‘$200,000’’ and inserting 
‘‘$750,000’’; and 
(B) by inserting ‘‘, except that during the 
period of fiscal years 2018 through 2022, the 
President may, on not more than 2 occasions, 
waive such $750,000 limitation to permit the 
entity to receive a grant in an amount not to 
exceed $1,500,000 for a site to be remediated 
based on special circumstances, as determined 
by the President’’ after ‘‘site to be remediated’’; 
and 
(2) by adding after clause (ii) the following: 
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164 
‘‘(II) 
INDIRECT
COSTS.—Not 
more than 10 percent of a grant or 
loan under this subsection may be 
used for the payment of indirect 
costs.’’. 
SEC. 40006. ELIGIBILITY FOR FUNDING FOR BROWNFIELD 
SITES ACQUIRED PRIOR TO JANUARY 11, 2002. 
Subparagraph (B) of section 104(k)(4) of the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(k)(4)), as amended 
in section 40005 of this Act, is further amended by strik-
ing clause (iii) and inserting the following: 
‘‘(iii) EXCEPTIONS.—Notwithstanding 
clause (i)(III), the Administrator may use 
funds made available to carry out this sub-
section for one or more of the following: 
‘‘(I) To make a grant under 
paragraph (2) to an eligible entity 
that acquired a brownfield site to be 
covered by the grant on or before 
January 11, 2002. 
‘‘(II) To make a grant under 
paragraph (3) to an eligible entity if 
such eligible entity, except as other-
wise provided in this subclause, satis-
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165 
fies all of the elements set forth in 
section 101(40) to qualify as a bona 
fide prospective purchaser, except that 
the 
date 
of 
acquisition 
of 
the 
brownfield site was on or before Janu-
ary 11, 2002. The Administrator may 
make exceptions with regard to com-
pliance with the elements set forth in 
section 101(40) based on mitigating 
circumstances, including any of the 
following: 
‘‘(aa) The brownfield site 
was acquired prior to May 31, 
1997, and compliance with all 
appropriate inquiry (as required 
under section 101(40)(B)) can-
not be fairly determined. 
‘‘(bb) A current site assess-
ment of the brownfield site has 
found no evidence that the eligi-
ble entity caused or exacerbated 
contamination found at the site 
or failed to exercise appropriate 
care (as required under section 
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166 
101(40)(D)) with respect to con-
tamination found at the site. 
‘‘(cc) The eligible entity held 
a public hearing with respect to 
the grant application and no sub-
stantive testimony was offered 
that indicates that the eligible 
entity caused or exacerbated con-
tamination found at the site or 
failed to exercise appropriate care 
(as 
required 
under 
section 
101(40)(D)) with respect to con-
tamination found at the site. 
‘‘(dd) There are other cir-
cumstances that make compli-
ance with the elements set forth 
in section 101(40) impractical 
and not in the public interest. 
‘‘(III) To make a grant or loan 
under this subsection to an eligible 
entity if such entity— 
‘‘(aa) acquired ownership of 
the brownfield site at least 30 
years prior to the date of the 
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grant or loan, but not later than 
May 31, 1997; 
‘‘(bb) did not cause or con-
tribute to the contamination on 
the brownfield site; and 
‘‘(cc) can reasonably indi-
cate why such entity cannot com-
ply with the elements set forth in 
section 101(40) to qualify as a 
bona 
fide 
prospective 
pur-
chaser.’’. 
SEC. 40007. MULTI-PURPOSE BROWNFIELD GRANTS. 
(a) MULTI-PURPOSE
GRANT
PROGRAM.—Section 
104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)) is amended— 
(1) by redesignating paragraph (12) as para-
graph (15); 
(2) by redesignating paragraphs (4) through 
(11), as amended, as paragraphs (5) through (12), 
respectively; and 
(3) by adding after paragraph (3) the following 
new paragraph: 
‘‘(4) MULTI-PURPOSE BROWNFIELD GRANTS.— 
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168 
‘‘(A) ESTABLISHMENT
OF
PROGRAM.— 
Subject to paragraphs (5) and (6), the Admin-
istrator shall establish a program to provide 
multi-purpose grants to eligible entities, where 
warranted, as determined by the Administrator 
based 
on 
considerations 
under 
paragraph 
(3)(C), to be used to inventory, characterize, as-
sess, conduct planning related to, or remediate 
(or any combination thereof), one or more 
brownfield sites in an area, in amounts not to 
exceed $1,500,000 per grant. 
‘‘(B) ADDITIONAL
CONSIDERATIONS.—In 
addition to the considerations under paragraph 
(3)(C), the Administrator, in determining to 
award a multi-purpose grant under the program 
under subparagraph (A), shall consider the ex-
tent to which the eligible entity demonstrates— 
‘‘(i) an overall plan for revitalization 
of brownfield sites in the area in which the 
multi-purpose grant will be used; 
‘‘(ii) the capacity to conduct the range 
of eligible activities that will be funded by 
the multi-purpose grant; and 
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169 
‘‘(iii) that a multi-purpose grant is 
appropriate for meeting the needs of the 
area in which the grant will be used. 
‘‘(C) GRANT
FUNDS.—Grants provided 
under the program established under subpara-
graph (A) shall be expended not later than 3 
years after the award of grant funding to the 
eligible entity, unless the Administrator deter-
mines that an extension of not more than 2 
years is justified. 
‘‘(D) OWNERSHIP.—A recipient of a grant 
under this paragraph may not use amounts 
from such grant on remediation of a brownfield 
site until such recipient owns such site. 
‘‘(E) EXISTING
AUTHORITY.—Nothing in 
this paragraph shall limit any other authority of 
the President or the Administrator under this 
subsection.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 104(k)(3)(A) of the Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9604(k)(3)(A)), as 
amended, is further amended by striking ‘‘Subject to 
paragraphs (4) and (5)’’ and inserting ‘‘Subject to 
paragraphs (5) and (6)’’. 
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