1185 
emissions attributable to the operation of aircraft 
that have fuel uplift in the United States. 
(b) SELECTION.—In carrying out subsection (a), the 
Secretary shall consider— 
(1) the anticipated public benefits of the 
project; 
(2) the potential to increase the domestic pro-
duction and deployment of sustainable aviation fuels 
or the use of low emission aviation technologies 
among the United States commercial aviation and 
aerospace industry; 
(3) the potential greenhouse gas emissions from 
the project, including emissions resulting from the 
development of the project; 
(4) the potential for creating new jobs in the 
United States; 
(5) the potential the project has to reduce or 
displace, on a lifecycle basis, United States green-
house gas emissions associated with air travel; 
(6) the proposed utilization of non-Federal con-
tributions; and 
(7) for projects related to the production of sus-
tainable aviation fuel, the potential net greenhouse 
gas emissions impact of such fuel on a lifecycle 
basis, which shall include potential direct and indi-
1186 
rect greenhouse gas emissions (including resulting 
from changes in land use). 
(c) ADDITIONAL CONSIDERATIONS.—In evaluating 
projects under subsection (a), the Secretary shall con-
sider— 
(1) the benefits of ensuring a variety of feed-
stocks for sustainable aviation fuels; 
(2) the use of direct air capture; 
(3) aeronautical construction and design im-
provements that result in more efficient aircraft, in-
cluding high-performance lightweight materials; 
(4) more efficient aircraft engines, including hy-
brid engines and electric engines suitable for fully or 
partially powering aircraft operations; and 
(5) air traffic management and navigation tech-
nologies that permit more efficient flight patterns. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $200,000,000 for each of 
fiscal years 2021 through 2025 to carry out this section. 
(e) FUNDING DISTRIBUTION.—Of the amount made 
available under subsection (d), 50 percent of such amount 
shall be awarded for projects described in subsection 
(a)(1) and 50 percent shall be awarded for projects de-
scribed in subsection (a)(2).
1187 
(f) REPORT.—Not later than October 1, 2026, the 
Secretary shall submit to the Committee on Commerce, 
Science, and Transportation and the Committee on Envi-
ronment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure and the 
Committee on Energy and Commerce of the House of 
Representatives a report describing the results of the 
grant program under this section. The report shall include 
the following: 
(1) A description of the entities and projects 
that received grants or other cost-sharing agree-
ments under this section. 
(2) A detailed explanation for why each entity 
received the type of funding disbursement such enti-
ty did. 
(3) A description of whether the program is 
leading to an increase in the production and deploy-
ment of sustainable aviation fuels and use of low- 
emission aviation technologies by United States avia-
tion and aerospace industry stakeholders. 
(4) A description of the economic impacts re-
sulting from the funding to and operation of the 
project. 
(g) DEFINITIONS.—In this section:
1188 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State or local government other than 
an airport sponsor; 
(B) an air carrier; 
(C) an airport sponsor; 
(D) an accredited institution of higher edu-
cation; 
(E) a person or entity engaged in the pro-
duction, transportation, blending or storage of 
sustainable aviation fuels or feedstocks that 
could be used to produce sustainable aviation 
fuels; 
(F) a person or entity engaged in the de-
velopment, demonstration, or application of low- 
emission aviation technologies; or 
(G) nonprofit entities or nonprofit con-
sortia with experience in sustainable aviation 
fuels, low-emission technology, or other clean 
transportation research programs. 
(2) LOW-EMISSION
AVIATION
TECHNOLOGY.— 
The term ‘‘low-emission aviation technology’’ means 
technologies that significantly— 
(A) improve aircraft fuel efficiency;
1189 
(B) increase utilization of sustainable avia-
tion fuel; or 
(C) reduce greenhouse gas emissions pro-
duced during operation of civil aircraft. 
(3) SUSTAINABLE AVIATION FUEL.—The term 
‘‘sustainable aviation fuel’’ means liquid fuel con-
sisting of synthesized hydrocarbons that— 
(A) meets the requirements of ASTM 
International Standard D7566; 
(B) is derived from biomass (as such term 
is defined in section 45K(c)(3) of the Internal 
Revenue Code of 1986), waste streams, renew-
able energy sources or gaseous carbon oxides; 
(C) conforms to the standards, rec-
ommended practices, requirements and criteria, 
supporting 
documents, 
implementation 
ele-
ments, and any other technical guidance for 
sustainable aviation fuels that are adopted by 
the International Civil Aviation Organization 
with the agreement of the United States; 
(D) achieves at least a 50 percent reduc-
tion in lifecycle greenhouse gas emissions under 
the standards and related materials specified in 
subparagraph (C) compared to conventional jet 
fuel;
1190 
(E) is not derived from feedstocks that are 
developed through practices that threaten mass 
deforestation, harm biodiversity, or otherwise 
promote environmentally unsustainable proc-
esses; and 
(F) is produced in the United States. 
SEC. 10202. EXPANSION OF VOLUNTARY AIRPORT LOW 
EMISSION PROGRAM. 
(a) PASSENGER FACILITY CHARGE ELIGIBILITY.— 
Section 40117(a)(3)(G) of title 49, United States Code, 
is amended by striking ‘‘if the airport is located in an air 
quality nonattainment area (as defined in section 171(2) 
of the Clean Air Act (42 U.S.C. 7501(2)) or a mainte-
nance area referred to in section 175A of such Act (42 
U.S.C. 7505a)’’. 
(b) 
AIRPORT
IMPROVEMENT
PROGRAM
ELIGI-
BILITY.— 
(1) EXPANSION.— 
(A) 
AIRPORT
FACILITIES.—Section 
47102(3)(K) of title 49, United States Code, is 
amended by striking ‘‘if the airport is located in 
an air quality nonattainment or maintenance 
area (as defined in sections 171(2) and 175A of 
the Clean Air Act (42 U.S.C. 7501(2); 
7505a))’’.
1191 
(B) ACQUISITION OF VEHICLES.—Section 
47102(3)(L) of title 49, United States Code, is 
amended by striking ‘‘if the airport is located in 
an air quality nonattainment or maintenance 
area (as defined in sections 171(2) and 175A of 
the Clean Air Act (42 U.S.C. 7501(2); 
7505a)),’’. 
(2) PRIORITY
OF
VALE
PROJECTS.—Chapter 
471 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘§ 47145. Priority of vale projects 
‘‘In considering applications for projects described in 
section subparagraphs (K) and (L) of section 47102(3), 
the Secretary shall prioritize Federal funding for airports 
in areas located in an air quality nonattainment area (as 
such term is defined in section 171(2) of the Clean Air 
Act (42 U.S.C. 7501(2)) or maintenance area (as such 
term is defined in sections 175A of the Clean Air Act (42 
U.S.C. 7505a)).’’. 
(3) CONFORMING AMENDMENT.—The analysis 
for chapter 471 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘47145. Priority of vale projects.’’.
1192 
SEC. 10203. STUDY AND DEVELOPMENT OF SUSTAINABLE 
AVIATION FUELS. 
There is authorized to be appropriated from the gen-
eral fund of the Treasury to the Administrator of the Fed-
eral Aviation Administration $30,000,000 for each of fis-
cal years 2021 through 2025 for the study and develop-
ment of sustainable aviation fuels. 
SEC. 10204. CENTER OF EXCELLENCE FOR ALTERNATIVE 
JET FUELS AND ENVIRONMENT. 
There is authorized to be appropriated from the gen-
eral fund of the Treasury to the Administrator of the Fed-
eral Aviation Administration $5,000,000 for each of fiscal 
years 2021 through 2025 to be used exclusively for work 
performed by the Center of Excellence for Alternative Jet 
Fuels and Environment, including programs to assess and 
reduce the environmental impacts of aviation and to im-
prove the health and quality of life of individuals living 
in and around airport communities. 
SEC. 10205. NATIONAL EVALUATION OF AVIATION AND 
AEROSPACE 
SOLUTIONS 
TO 
CLIMATE 
CHANGE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall seek to enter into an agreement with the Na-
tional Academies of Sciences, Engineering, and Medicine
1193 
to conduct a study on climate change mitigation efforts 
with respect to the civil aviation and aerospace industries. 
(b) STUDY CONTENTS.—In conducting the study 
under subsection (a), the National Academies shall— 
(1) identify climate change mitigation efforts, 
including efforts relating to emerging technologies, 
in the civil aviation and aerospace industries; 
(2) develop and apply an appropriate indicator 
for assessing the effectiveness of such efforts; 
(3) identify gaps in such efforts; 
(4) identify barriers preventing expansion of 
such efforts; and 
(5) develop recommendations with respect to 
such efforts. 
(c) REPORTS.— 
(1) FINDINGS
OF
STUDY.—Not later than 1 
year after the date on which the Secretary enters 
into an agreement for a study pursuant to sub-
section (a), the Secretary shall submit to the appro-
priate congressional committees the findings of the 
study. 
(2) ASSESSMENT.—Not later than 180 days 
after the date on which the Secretary submits the 
findings pursuant to paragraph (1), the Secretary, 
acting through the Administrator of the Federal
1194 
Aviation Administration, shall submit to the appro-
priate congressional committees a report that con-
tains an assessment of the findings. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated from the general fund of 
the Treasury to the Secretary to carry out this section 
$1,500,000. 
(e) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Transportation 
and Infrastructure of the House of Representatives, 
the Committee on Commerce, Science, and Trans-
portation of the Senate, and other congressional 
committees determined appropriate by the Secretary. 
(2) CLIMATE CHANGE MITIGATION EFFORTS.— 
The term ‘‘climate change mitigation efforts’’ means 
efforts, including the use of technologies, materials, 
processes, or practices, that contribute to the reduc-
tion of greenhouse gas emissions. 
SEC. 10206. JOINT TASK FORCE ON AIR TRAVEL. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation, the Secretary of Homeland Security, and the Sec-
retary of Health and Human Services shall establish a
1195 
Joint Task Force on Air Travel During and After the 
COVID–19 Public Health Emergency (in this section re-
ferred to as the ‘‘Joint Task Force’’). 
(b) DUTIES.— 
(1) IN GENERAL.—The Joint Task Force shall 
develop recommended requirements, plans, and 
guidelines to address the health, safety, security, and 
logistical issues relating to the continuation of air 
travel during the COVID–19 Public Health Emer-
gency, and with respect to the resumption of full op-
erations at airports and increased passenger air 
travel after the COVID–19 Public Health Emer-
gency ends. The Joint Task Force shall develop, at 
a minimum, recommended requirements, plans, and 
guidelines, as appropriate, with respect to each of 
the applicable periods described in paragraph (2) 
for— 
(A) reforming airport, air carrier, security, 
and other passenger air travel-related oper-
ations, including passenger queuing, passenger 
security screening, boarding, deplaning, and 
baggage handling procedures, as a result of— 
(i) current and anticipated changes to 
passenger air travel during the COVID–19
1196 
Public Health Emergency and after that 
emergency ends; and 
(ii) anticipated changes to passenger 
air travel as a result of the projected sea-
sonal recurrence of the coronavirus; 
(B) mitigating the public health and eco-
nomic impacts of the COVID–19 Public Health 
Emergency and the projected seasonal recur-
rence of the coronavirus on airports and pas-
senger air travel, including through the use of 
personal protective equipment for passengers 
and employees, the implementation of strategies 
to promote overall passenger and employee safe-
ty, and the accomodation of social distancing, 
as necessary; 
(C) addressing the privacy and civil liberty 
concerns 
created 
by 
passenger 
health 
screenings, contact-tracing, or any other proc-
ess for monitoring the health of individuals en-
gaged in health travel; and 
(D) operating procedures to manage future 
public health crises affecting air travel. 
(2) APPLICABLE
PERIODS.—For purposes of 
paragraph (1), the applicable periods are the fol-
lowing:
1197 
(A) The period beginning with the date of 
the first meeting of the Joint Task Force and 
ending with the date on which the COVID–19 
Public Health Emergency ends. 
(B) The 1-year period beginning on the 
day after the period described in subparagraph 
(A) ends. 
(c) REQUIREMENTS.— 
(1) IN
GENERAL.—In developing the rec-
ommended requirements, plans, and guidelines 
under subsection (b), and prior to including them in 
the final report required under subsection (f)(2), the 
Joint Task Force shall— 
(A) consider the consensus recommenda-
tions of the Advisory Committee established 
under subsection (e); 
(B) conduct cost-benefit evaluations; 
(C) consider funding constraints; and 
(D) use risk-based decision-making. 
(2) 
INTERNATIONAL
CONSULTATION.—The 
Joint Task Force shall consult, as practicable, with 
relevant international entities and operators, includ-
ing the International Civil Aviation Organization, to-
wards the goal of maximizing the harmonization of 
recommended requirements, plans, and guidelines
1198 
for air travel during and after the COVID–19 Public 
Health Emergency. 
(d) MEMBERSHIP.— 
(1) CHAIR.—The Secretary of Transportation 
(or the Secretary’s designee) shall serve as the Chair 
of the Joint Task Force. 
(2) VICE CHAIR.—The Secretary of Health and 
Human Services (or the Secretary’s designee) shall 
serve as Vice Chair of the Joint Task Force. 
(3) OTHER
MEMBERS.—In addition to the 
Chair and Vice Chair, the members of the Joint 
Task Force shall include representatives of the fol-
lowing: 
(A) The Department of Transportation. 
(B) The Department of Homeland Secu-
rity. 
(C) The Department of Health and 
Human Services. 
(D) The Federal Aviation Administration. 
(E) The Transportation Security Adminis-
tration. 
(F) United States Customs and Border 
Protection. 
(G) The Centers for Disease Control and 
Prevention.
1199 
(H) The Occupational Safety and Health 
Administration. 
(I) The National Institute for Occupational 
Safety and Health. 
(J) The Pipeline and Hazardous Materials 
Safety Administration. 
(K) The Department of State. 
(L) The Environmental Protection Agency. 
(e) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT.—Not later than 15 days 
after the date on which the Joint Task Force is es-
tablished under subsection (a), the Secretary of 
Transportation, in consultation with the Secretary of 
Homeland Security and the Secretary of Health and 
Human Services, shall establish a Joint Federal Ad-
visory Committee to advise the Joint Task Force (in 
this section referred to as the ‘‘Advisory Com-
mittee’’). 
(2) MEMBERSHIP.—The members of the Advi-
sory Committee shall include representatives of the 
following: 
(A) Airport operators designated by the 
Secretary of Transportation in consultation 
with the Secretary of Homeland Security.
1200 
(B) Air carriers designated by the Sec-
retary of Transportation in consultation with 
the Secretary of Homeland Security. 
(C) Aircraft and aviation manufacturers 
designated by the Secretary of Transportation. 
(D) Labor organizations representing avia-
tion industry workers, including pilots, flight at-
tendants, maintenance, mechanics, air traffic 
controllers, and safety inspectors, designated by 
the Secretary of Transportation. 
(E) Public health experts designated by 
the Secretary of Health and Human Services. 
(F) Consumers and air passenger rights 
organizations designated by the Secretary of 
Transportation in consultation with Secretary 
of Homeland Security. 
(G) Privacy and civil liberty organizations 
designated by the Secretary of Homeland Secu-
rity. 
(H) Manufacturers and integrators of air 
passenger screening and identity verification 
technologies designated by the Secretary of 
Homeland Security. 
(I) Trade associations representing air car-
riers, including, major air carriers, low cost car-
1201 
riers, regional air carriers, cargo air carriers, 
and foreign air carriers, designated by the Sec-
retary of Transportation in consulation with the 
Secretary of Homeland Security. 
(J) Trade associations representing airport 
operators designated by the Secretary of Trans-
portation in consultation with the Secretary of 
Homeland Security. 
(3) VACANCIES.—Any vacancy in the member-
ship of the Advisory Committee shall not affect its 
responsibilities, but shall be filled in the same man-
ner as the original appointment and in accordance 
with the Federal Advisory Committee Act (5 U.S.C. 
App.). 
(4) DUTIES.— 
(A) IN
GENERAL.—The Advisory Com-
mittee shall develop and submit policy rec-
ommendations to the Joint Task Force regard-
ing the recommended requirements, plans, and 
guidelines to be developed by the Joint Task 
Force under subsection (b). 
(B) PUBLICATION.—Not later than 14 
days after the date on which the Advisory Com-
mittee submits policy recommendations to the 
Joint Task Force in accordance with subpara-
1202 
graph (A), the Secretary of Transportation 
shall publish the policy recommendations on a 
publicly accessible website. 
(5) PROHIBITION
ON
COMPENSATION.—The 
members of the Advisory Committee shall not re-
ceive any compensation from the Federal Govern-
ment by reason of their service on the Advisory 
Committee. 
(f) BRIEFINGS AND REPORTS.— 
(1) PRELIMINARY
BRIEFINGS.—As soon as 
practicable, but not later than 6 months after the 
establishment of the Joint Task Force, the Joint 
Task Force shall begin providing preliminary brief-
ings for Congress on the status of the development 
of the recommended requirements, plans, and guide-
lines under subsection (b). The preliminary briefings 
shall include interim versions, if any, of the Joint 
Task Force’s recommendations. 
(2) FINAL REPORT.— 
(A) DEADLINE.—As soon as practicable, 
but not later than 18 months after the date of 
enactment of this Act, the Joint Task Force 
shall submit to Congress a final report. 
(B) CONTENT.—The final report under 
subparagraph (A) shall include the following:
1203 
(i) All of the recommended require-
ments, plans, and guidelines developed by 
the Joint Task Force. 
(ii) A description of any actions taken 
by the Federal Government as a result of 
such recommendations. 
(g) TERMINATION.—The Joint Task Force and Advi-
sory Committee shall terminate 30 days after the date on 
which the Joint Task Force submits the final report re-
quired under subsection (f)(2). 
(h) 
DEFINITION.—In 
this 
section, 
the 
term 
‘‘COVID–19 Public Health Emergency’’ means the public 
health emergency first declared on January 31, 2020, by 
the Secretary of Health and Human Services under sec-
tion 319 of the Public Health Service Act (42 U.S.C. 
247d) with respect to COVID–19 and includes any re-
newal of such declaration pursuant to such section 319. 
DIVISION 
F—INVESTMENT 
IN 
WATER 
RESOURCES 
AND 
WATER-RELATED 
INFRA-
STRUCTURE 
SEC. 20001. SHORT TITLE. 
This division may be cited as the ‘‘Water Infrastruc-
ture Investment, Job Creation, and Economic Stability 
Act’’.
1204 
TITLE I—CRITICAL WATER 
RESOURCES INVESTMENTS 
SEC. 21001. USE OF HARBOR MAINTENANCE TRUST FUND 
TO SUPPORT NAVIGATION. 
Section 210 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2238) is amended— 
(1) in the section heading, by striking ‘‘AU-
THORIZATION OF APPROPRIATIONS’’ and insert-
ing ‘‘FUNDING FOR NAVIGATION’’; and 
(2) by adding at the end the following: 
‘‘(g) ADJUSTMENTS TO DISCRETIONARY SPENDING 
LIMITS.—Amounts made available from the Harbor Main-
tenance Trust Fund under this section or section 9505 
of the Internal Revenue Code of 1986 shall be made avail-
able in accordance with section 14003 of division B of the 
Coronavirus Aid, Relief, and Economic Security Act (Pub-
lic Law 116–136).’’. 
SEC. 21002. ANNUAL REPORT TO CONGRESS. 
Section 330 of the Water Resources Development Act 
of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘and annually thereafter,’’ 
and inserting ‘‘and annually thereafter concur-
1205 
rent with the submission of the President’s an-
nual budget request to Congress,’’; and 
(B) by striking ‘‘Public Works and Trans-
portation’’ and inserting ‘‘Transportation and 
Infrastructure’’; and 
(2) in subsection (b)(1) by adding at the end 
the following: 
‘‘(D) A description of the expected expend-
itures from the trust fund to meet the needs of 
navigation for the fiscal year of the budget re-
quest.’’. 
SEC. 21003. HARBOR MAINTENANCE TRUST FUND DISCRE-
TIONARY SPENDING LIMIT ADJUSTMENT. 
(a) IN GENERAL.—Section 14003 of division B of the 
CARES Act (Public Law 116–136) is amended to read 
as follows: 
‘‘SEC. 14003. Section 251(b)(2) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 901(b)(2)) is amended by adding at the end the 
following: 
‘‘ ‘(H) HARBOR
MAINTENANCE
ACTIVI-
TIES.—If, for any fiscal year, appropriations for 
the Construction, Mississippi River and Tribu-
taries, and Operation and Maintenance ac-
counts of the Corps of Engineers are enacted
1206 
that are derived from the Harbor Maintenance 
Trust Fund established under section 9505(a) 
of the Internal Revenue Code of 1986 and that 
the Congress designates in statute as being for 
harbor operations and maintenance activities, 
then the adjustment for that fiscal year shall be 
the total of such appropriations that are derived 
from such Fund and designated as being for 
harbor operations and maintenance activi-
ties.’.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the enact-
ment of the CARES Act (Public Law 116–136). 
SEC. 21004. APPROPRIATIONS FOR CONSTRUCTION, IN-
LAND WATERWAYS, OPERATION AND MAINTE-
NANCE. 
The following sums are hereby appropriated, out of 
any money in the Treasury not otherwise appropriated, 
for the fiscal year ending September 30, 2020, and for 
other purposes, namely: 
(1) For an additional amount for ‘‘Corps of En-
gineers—Civil—Department of the Army—Con-
struction’’, $10,000,000,000, to remain available 
until expended: Provided, That not more than 
$3,000,000,000 shall be available for costs of con-
1207 
struction, replacement, rehabilitation, and expansion 
of inland waterways projects, with one-half of such 
costs paid from the Inland Waterways Trust Fund 
and one-half from the general fund of the Treasury; 
Provided further, That not less than $500,000,000 
shall be available for water-related environmental in-
frastructure assistance. 
(2) For an additional amount for ‘‘Corps of En-
gineers—Civil—Department of the Army—Oper-
ation and Maintenance’’, $5,000,000,000, to remain 
available until expended. 
TITLE II—CRITICAL CLEAN 
WATER INVESTMENTS 
Subtitle A—Water Quality 
Protection and Job Creation Act 
SEC. 22101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Water Quality Pro-
tection and Job Creation Act of 2020’’. 
SEC. 22102. WASTEWATER INFRASTRUCTURE WORKFORCE 
INVESTMENT. 
Section 104(g) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1254(g)) is amended— 
(1) in paragraph (1), by striking ‘‘manpower’’ 
each place it appears and inserting ‘‘workforce’’; and
1208 
(2) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) REPORT
TO
CONGRESS
ON
PUBLICLY 
OWNED TREATMENT WORKS WORKFORCE DEVELOP-
MENT.—Not later than 2 years after the date of en-
actment of the Water Quality Protection and Job 
Creation Act of 2020, the Administrator shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate a report containing— 
‘‘(A) an assessment of the current and fu-
ture workforce needs for publicly owned treat-
ment works, including an estimate of the num-
ber of future positions needed for such treat-
ment works and the technical skills and edu-
cation needed for such positions; 
‘‘(B) a summary of actions taken by the 
Administrator, including Federal investments 
under this chapter, that promote workforce de-
velopment to address such needs; and 
‘‘(C) any recommendations of the Adminis-
trator to address such needs.’’.
1209 
SEC. 22103. STATE MANAGEMENT ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
106(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1256(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) such sums as may be necessary for each 
of fiscal years 1991 through 2020; 
‘‘(4) $300,000,000 for fiscal year 2021; 
‘‘(5) $300,000,000 for fiscal year 2022; 
‘‘(6) $300,000,000 for fiscal year 2023; 
‘‘(7) $300,000,000 for fiscal year 2024; and 
‘‘(8) $300,000,000 for fiscal year 2025;’’. 
(b) TECHNICAL AMENDMENT.—Section 106(e) of the 
Federal Water Pollution Control Act (33 U.S.C. 1256(e)) 
is amended by striking ‘‘Beginning in fiscal year 1974 
the’’ and inserting ‘‘The’’. 
SEC. 22104. WATERSHED, WET WEATHER, AND RESILIENCY 
PROJECTS. 
(a) 
INCREASED
RESILIENCE
OF
TREATMENT 
WORKS.—Section 122(a)(6) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1274(a)(6)) is amended to 
read as follows:
1210 
‘‘(6) INCREASED RESILIENCE OF TREATMENT 
WORKS.—Efforts— 
‘‘(A) 
to 
assess 
future 
risks 
and 
vulnerabilities of publicly owned treatment 
works to manmade or natural disasters, includ-
ing extreme weather events and sea level rise; 
and 
‘‘(B) to carry out the planning, designing, 
or constructing of projects, on a systemwide or 
areawide basis, to increase the resilience of pub-
licly owned treatment works through— 
‘‘(i) the conservation of water or the 
enhancement of water use efficiency; 
‘‘(ii) the enhancement of wastewater 
(including stormwater) management by in-
creasing watershed preservation and pro-
tection, including through— 
‘‘(I) the use of green infrastruc-
ture; or 
‘‘(II) the reclamation and reuse 
of wastewater (including stormwater), 
such as through aquifer recharge 
zones; 
‘‘(iii) the modification or relocation of 
an existing publicly owned treatment works
1211 
at risk of being significantly impaired or 
damaged by a manmade or natural dis-
aster; or 
‘‘(iv) the enhancement of energy effi-
ciency, or the use or generation of recov-
ered or renewable energy, in the manage-
ment, treatment, or conveyance of waste-
water (including stormwater).’’. 
(b) REQUIREMENTS; AUTHORIZATION
OF APPRO-
PRIATIONS.—Section 122 of the Federal Water Pollution 
Control Act (33 U.S.C. 1274) is amended by striking sub-
section (c) and inserting the following: 
‘‘(c) REQUIREMENTS.—The requirements of section 
608 shall apply to any construction, alteration, mainte-
nance, or repair of treatment works receiving a grant 
under this section. 
‘‘(d) ASSISTANCE.—The Administrator shall use not 
less than 15 percent of the amounts appropriated pursu-
ant to this section in a fiscal year to provide assistance 
to municipalities with a population of less than 10,000, 
to the extent there are sufficient eligible applications. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$1,000,000,000, to remain available until expended.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
1212 
(1) WATERSHED
PILOT
PROJECTS.—Section 
122 of the Federal Water Pollution Control Act (33 
U.S.C. 1274) is amended— 
(A) in the section heading, by striking 
‘‘WATERSHED PILOT PROJECTS’’ and insert-
ing ‘‘WATERSHED, WET WEATHER, AND RE-
SILIENCY PROJECTS’’; and 
(B) by striking ‘‘pilot’’ each place it ap-
pears. 
(2) WATER
POLLUTION
CONTROL
REVOLVING 
LOAN
FUNDS.—Section 603(c)(7) of the Federal 
Water Pollution Control Act (33 U.S.C. 1383(c)(7)) 
is amended by striking ‘‘watershed’’. 
SEC. 22105. PILOT PROGRAM FOR ALTERNATIVE WATER 
SOURCE PROJECTS. 
(a) SELECTION OF PROJECTS.—Section 220(d) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1300(d)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) LIMITATION ON ELIGIBILITY.—A project 
that has received construction funds under the Rec-
lamation Projects Authorization and Adjustment Act 
of 1992 shall not be eligible for grant assistance 
under this section.’’; and
1213 
(2) by striking paragraph (2) and redesignating 
paragraph (3) as paragraph (2). 
(b) COMMITTEE RESOLUTION PROCEDURE; ASSIST-
ANCE.—Section 220 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1300) is amended by striking sub-
section (e) and inserting the following: 
‘‘(e) ASSISTANCE.—The Administrator shall use not 
less than 15 percent of the amounts appropriated pursu-
ant to this section in a fiscal year to provide assistance 
to eligible entities for projects designed to serve fewer than 
10,000 individuals, to the extent there are sufficient eligi-
ble applications.’’. 
(c) COST SHARING.—Section 220(g) of the Federal 
Water Pollution Control Act (33 U.S.C. 1300(g)) is 
amended— 
(1) by striking ‘‘The Federal share’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share’’; and 
(2) by adding at the end the following: 
‘‘(2) RECLAMATION AND REUSE PROJECTS.— 
For an alternative water source project that has re-
ceived funds under the Reclamation Projects Author-
ization and Adjustment Act of 1992 (other than 
funds referred to in subsection (d)(1)), the total
1214 
Federal share of the costs of the project shall not 
exceed 25 percent or $20,000,000, whichever is 
less.’’. 
(d) REQUIREMENTS.—Section 220 of the Federal 
Water Pollution Control Act (33 U.S.C. 1300) is amended 
by redesignating subsections (i) and (j) as subsections (j) 
and (k), respectively, and inserting after subsection (h) the 
following: 
‘‘(i) REQUIREMENTS.—The requirements of section 
608 shall apply to any construction of an alternative water 
source project carried out using assistance made available 
under this section.’’. 
(e) DEFINITIONS.—Section 220(j)(1) of the Federal 
Water Pollution Control Act (as redesignated by sub-
section (d) of this section) is amended by striking ‘‘or 
wastewater or by treating wastewater’’ and inserting ‘‘, 
wastewater, or stormwater or by treating wastewater or 
stormwater’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
220(k) of the Federal Water Pollution Control Act (as re-
designated by subsection (d) of this section) is amended 
by striking ‘‘$75,000,000 for fiscal years 2002 through 
2004’’ and inserting ‘‘$600,000,000’’.
1215 
SEC. 22106. SEWER OVERFLOW AND STORMWATER REUSE 
MUNICIPAL GRANTS. 
Section 221 of the Federal Water Pollution Control 
Act (33 U.S.C. 1301) is amended— 
(1) in subsection (c), by striking ‘‘subsection 
(b),’’ each place it appears and inserting ‘‘this sec-
tion,’’; 
(2) in subsection (d)— 
(A) by striking ‘‘The Federal share’’ and 
inserting the following: 
‘‘(1) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Federal share’’; and 
(B) by striking ‘‘The non-Federal share’’ 
and inserting the following: 
‘‘(B) FINANCIALLY
DISTRESSED
COMMU-
NITIES.—The Federal share of the cost of ac-
tivities carried out using amounts from a grant 
made to a financially distressed community 
under subsection (a) shall be not less than 75 
percent of the cost. 
‘‘(2) NON-FEDERAL SHARE.—The non-Federal 
share’’; 
(3) in subsection (e), by striking ‘‘section 513’’ 
and inserting ‘‘section 513, or the requirements of 
section 608,’’; and
1216 
(4) in subsection (f)— 
(A) in paragraph (1), by inserting ‘‘, and 
$400,000,000 for each of fiscal years 2021 
through 2025’’ before the period at the end; 
and 
(B) by adding at the end the following: 
‘‘(3) ASSISTANCE.—In carrying out subsection 
(a), the Administrator shall ensure that, of the 
amounts granted to municipalities in a State, not 
less than 20 percent is granted to municipalities 
with a population of less than 20,000, to the extent 
there are sufficient eligible applications.’’. 
SEC. 22107. REPORTS TO CONGRESS. 
Section 516(b)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1375(b)(1)) is amended— 
(1) by striking ‘‘, of the cost of construction’’ 
and inserting ‘‘, of (i) the cost of construction’’; and 
(2) by striking ‘‘each of the States;’’ and insert-
ing ‘‘each of the States, and (ii) the costs to imple-
ment measures necessary to address the resilience 
and sustainability of publicly owned treatment works 
to manmade or natural disasters;’’. 
SEC. 22108. INDIAN TRIBES. 
Section 518(c) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1377(c)) is amended—
1217 
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) IN GENERAL.—For each fiscal year, the 
Administrator shall reserve, of the funds made avail-
able to carry out title VI (before allotments to the 
States under section 604(a)), the greater of— 
‘‘(A) 2 percent of such funds; or 
‘‘(B) $30,000,000. 
‘‘(2) USE OF FUNDS.— 
‘‘(A) GRANTS.—Funds reserved under this 
subsection shall be available only for grants to 
entities described in paragraph (3) for— 
‘‘(i) projects and activities eligible for 
assistance under section 603(c); and 
‘‘(ii) training, technical assistance, 
and educational programs relating to the 
operation and management of treatment 
works eligible for assistance pursuant to 
section 603(c). 
‘‘(B) 
LIMITATION.—Not 
more 
than 
$2,000,000 of the reserved funds may be used 
for grants under subparagraph (A)(ii).’’; and 
(2) in paragraph (3)—
1218 
(A) in the header, by striking ‘‘USE OF 
FUNDS’’ and inserting ‘‘ELIGIBLE ENTITIES’’; 
and 
(B) by striking ‘‘for projects and activities 
eligible for assistance under section 603(c) to 
serve’’ and inserting ‘‘to’’. 
SEC. 22109. CAPITALIZATION GRANTS. 
Section 602(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1382(b)) is amended— 
(1) in paragraph (13)(B)— 
(A) in the matter preceding clause (i), by 
striking ‘‘and energy conservation’’ and insert-
ing ‘‘and efficient energy use (including through 
the implementation of technologies to recapture 
and reuse energy produced in the treatment of 
wastewater)’’; and 
(B) in clause (iii), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (14), by striking the period at 
the end and inserting ‘‘; and’’ ; and 
(3) by adding at the end the following: 
‘‘(15) to the extent there are sufficient projects 
or activities eligible for assistance from the fund, 
with respect to funds for capitalization grants re-
ceived by the State under this title and section
1219 
205(m), the State will use not less than 15 percent 
of such funds for projects to address green infra-
structure, water or energy efficiency improvements, 
or other environmentally innovative activities.’’. 
SEC. 22110. WATER POLLUTION CONTROL REVOLVING 
LOAN FUNDS. 
Section 603(i) of the Federal Water Pollution Control 
Act (33 U.S.C. 1383(i)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘, including forgiveness of prin-
cipal and negative interest loans’’ and inserting 
‘‘(including in the form of forgiveness of prin-
cipal, negative interest loans, or grants)’’; and 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘in assistance’’; and 
(ii) in clause (ii)(III), by striking ‘‘to 
such ratepayers’’ and inserting ‘‘to help 
such ratepayers maintain access to waste-
water and stormwater treatment services’’; 
and 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) SUBSIDIZATION AMOUNTS.—
1220 
‘‘(A) IN GENERAL.—A State may use for 
providing additional subsidization in a fiscal 
year under this subsection an amount that does 
not exceed the greater of— 
‘‘(i) 30 percent of the total amount 
received by the State in capitalization 
grants under this title for the fiscal year; 
or 
‘‘(ii) the annual average over the pre-
vious 10 fiscal years of the amounts depos-
ited by the State in the State water pollu-
tion control revolving fund from State 
moneys that exceed the amounts required 
to be so deposited under section 602(b)(2). 
‘‘(B) MINIMUM.—For each of fiscal years 
2021 through 2025, to the extent there are suf-
ficient applications for additional subsidization 
under this subsection that meet the criteria 
under paragraph (1)(A), a State shall use for 
providing additional subsidization in a fiscal 
year under this subsection an amount that is 
not less than 10 percent of the total amount re-
ceived by the State in capitalization grants 
under this title for the fiscal year.’’.
1221 
SEC. 22111. ALLOTMENT OF FUNDS. 
(a) FORMULA.—Section 604(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1384(a)) is amended by 
striking ‘‘each of fiscal years 1989 and 1990’’ and insert-
ing ‘‘each fiscal year’’. 
(b) WASTEWATER INFRASTRUCTURE WORKFORCE 
DEVELOPMENT.—Section 604 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1384) is amended by adding 
at the end the following: 
‘‘(d) WASTEWATER INFRASTRUCTURE WORKFORCE 
DEVELOPMENT.—A State may reserve each fiscal year up 
to 1 percent of the sums allotted to the State under this 
section for the fiscal year to carry out workforce develop-
ment, training, and retraining activities described in sec-
tion 104(g).’’. 
SEC. 22112. RESERVATION OF FUNDS FOR TERRITORIES OF 
THE UNITED STATES. 
Title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.) is amended by striking section 
607 and inserting the following: 
‘‘SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF 
THE UNITED STATES. 
‘‘(a) IN GENERAL.— 
‘‘(1) RESERVATION.—For each fiscal year, the 
Administrator shall reserve 1.5 percent of available
1222 
funds, as calculated in accordance with paragraph 
(2). 
‘‘(2) CALCULATION
OF
AVAILABLE
FUNDS.— 
The amount of available funds shall be calculated by 
subtracting the amount of any funds reserved under 
section 518(c) from the amount of funds made avail-
able to carry out this title (before allotments to the 
States under section 604(a)). 
‘‘(b) USE OF FUNDS.—Funds reserved under this 
section shall be available only for grants to American 
Samoa, the Commonwealth of the Northern Mariana Is-
lands, Guam, and the Virgin Islands for projects and ac-
tivities eligible for assistance under section 603(c). 
‘‘(c) LIMITATION.—American Samoa, the Common-
wealth of the Northern Mariana Islands, Guam, and the 
Virgin Islands may not receive funds allotted under sec-
tion 604(a).’’. 
SEC. 22113. AUTHORIZATION OF APPROPRIATIONS. 
Title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title the following sums: 
‘‘(1) $8,000,000,000 for fiscal year 2021.
1223 
‘‘(2) $8,000,000,000 for fiscal year 2022. 
‘‘(3) $8,000,000,000 for fiscal year 2023. 
‘‘(4) $8,000,000,000 for fiscal year 2024. 
‘‘(5) $8,000,000,000 for fiscal year 2025.’’. 
SEC. 22114. TECHNICAL ASSISTANCE BY MUNICIPAL OM-
BUDSMAN. 
Section 4(b)(1) of the Water Infrastructure Improve-
ment Act (42 U.S.C. 4370j(b)(1)) is amended to read as 
follows: 
‘‘(1) technical and planning assistance to sup-
port municipalities, including municipalities that are 
rural, small, and tribal communities, in achieving 
and maintaining compliance with enforceable dead-
lines, goals, and requirements of the Federal Water 
Pollution Control Act; and’’. 
SEC. 22115. REPORT ON FINANCIAL CAPABILITY OF MU-
NICIPALITIES. 
(a) REVIEW.—The Administrator of the Environ-
mental Protection Agency shall conduct a review of exist-
ing implementation guidance of the Agency for evaluating 
the financial resources a municipality has available to im-
plement the requirements of the Federal Water Pollution 
Control Act to determine whether, and if so, how, such 
guidance needs to be revised.
1224 
(b) CONSIDERATIONS.—In conducting the review 
under subsection (a), the Administrator shall consider— 
(1) the report by the National Academy of Pub-
lic Administration prepared for the Environmental 
Protection Agency entitled ‘‘Developing a New 
Framework for Community Affordability of Clean 
Water Services’’, dated October 2017; 
(2) the report developed by the National Envi-
ronmental Justice Advisory Council entitled ‘‘EPA’s 
Role in Addressing the Urgent Water Infrastructure 
Needs of Environmental Justice Communities’’, 
dated August 2018, and made available on the 
website of the Administrator in March 2019; 
(3) the report prepared for the American Water 
Works Association, the National Association of 
Clean Water Agencies, and the Water Environment 
Federation entitled ‘‘Developing a New Framework 
for Household Affordability and Financial Capability 
Assessment in the Water Sector’’, dated April 17, 
2019; 
(4) the recommendations of the Environmental 
Financial Advisory Board related to municipal finan-
cial capability assessments, prepared at the request 
of the Administrator; and
1225 
(5) any other information the Administrator 
considers appropriate. 
(c) ENGAGEMENT
AND TRANSPARENCY.—In con-
ducting the review under subsection (a), the Administrator 
shall— 
(1) after providing public notice, consult with, 
and solicit advice and recommendations from, State 
and local governmental officials and other stake-
holders, including nongovernmental organizations; 
and 
(2) ensure transparency in the consultation 
process. 
(d) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Administrator shall sub-
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Environment and Public Works of the Senate, and 
make publicly available, a report on the results of the re-
view conducted under subsection (a), including any rec-
ommendations for revisions to the guidance. 
SEC. 22116. EMERGING CONTAMINANTS. 
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency shall award grants to owners 
and operators of publicly owned treatment works to be 
used for the implementation of a pretreatment standard
1226 
or effluent limitation developed by the Administrator for 
the introduction or discharge of a perfluoroalkyl or 
polyfluoroalkyl substance or other pollutant identified by 
the Administrator as a potential contaminant of emerging 
concern. 
(b) DEFINITIONS.—In this section: 
(1) DISCHARGE.—The term ‘‘discharge’’ has 
the meaning given that term in section 502 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1362). 
(2) EFFLUENT LIMITATION.—The term ‘‘efflu-
ent limitation’’ means an effluent limitation under 
section 301(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1311). 
(3) INTRODUCTION.—The term ‘‘introduction’’ 
means the introduction of pollutants into treatment 
works, as described in section 307(b) of the Federal 
Water Pollution Control Act (33 U.S.C. 1317). 
(4) PRETREATMENT
STANDARD.—The term 
‘‘pretreatment standard’’ means a pretreatment 
standard under section 307(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1317). 
(5) TREATMENT WORKS.—The term ‘‘treatment 
works’’ has the meaning given that term in section
1227 
212 of the Federal Water Pollution Control Act (33 
U.S.C. 1292). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section the 
following sums: 
(1) $200,000,000 for fiscal year 2021. 
(2) $200,000,000 for fiscal year 2022. 
(3) $200,000,000 for fiscal year 2023. 
(4) $200,000,000 for fiscal year 2024. 
(5) $200,000,000 for fiscal year 2025. 
Subtitle B—Local Water Protection 
SEC. 22201. NONPOINT SOURCE MANAGEMENT PROGRAMS. 
Section 319(j) of the Federal Water Pollution Control 
Act (33 U.S.C. 1329(j)) is amended by striking ‘‘sub-
sections (h) and (i) not to exceed’’ and all that follows 
through ‘‘fiscal year 1991’’ and inserting ‘‘subsections (h) 
and (i) $200,000,000 for each of fiscal years 2021 
through 2025’’. 
Subtitle C—Critical Regional 
Infrastructure Investments 
SEC. 22301. REAUTHORIZATION OF CHESAPEAKE BAY PRO-
GRAM. 
Section 117(j) of the Federal Water Pollution Control 
Act (33 U.S.C. 1267(j)) is amended by striking 
‘‘$40,000,000 for each of fiscal years 2001 through 2005’’
1228 
and inserting ‘‘$90,000,000 for fiscal year 2021, 
$90,500,000 for fiscal year 2022, $91,000,000 for fiscal 
year 2023, $91,500,000 for fiscal year 2024, and 
$92,000,000 for fiscal year 2025’’. 
SEC. 22302. SAN FRANCISCO BAY RESTORATION GRANT 
PROGRAM. 
Title I of the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PRO-
GRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ESTUARY PARTNERSHIP.—The term ‘Es-
tuary Partnership’ means the San Francisco Estu-
ary Partnership, designated as the management con-
ference for the San Francisco Bay under section 
320. 
‘‘(2) SAN
FRANCISCO
BAY
PLAN.—The term 
‘San Francisco Bay Plan’ means— 
‘‘(A) until the date of the completion of the 
plan developed by the Director under subsection 
(d), the comprehensive conservation and man-
agement plan approved under section 320 for 
the San Francisco Bay estuary; and
1229 
‘‘(B) on and after the date of the comple-
tion of the plan developed by the Director under 
subsection (d), the plan developed by the Direc-
tor under subsection (d). 
‘‘(b) PROGRAM OFFICE.— 
‘‘(1) 
ESTABLISHMENT.—The 
Administrator 
shall establish in the Environmental Protection 
Agency a San Francisco Bay Program Office. The 
Office shall be located at the headquarters of Region 
9 of the Environmental Protection Agency. 
‘‘(2) APPOINTMENT
OF
DIRECTOR.—The Ad-
ministrator shall appoint a Director of the Office, 
who shall have management experience and technical 
expertise relating to the San Francisco Bay and be 
highly qualified to direct the development and imple-
mentation of projects, activities, and studies nec-
essary to implement the San Francisco Bay Plan. 
‘‘(3) DELEGATION OF AUTHORITY; STAFFING.— 
The Administrator shall delegate to the Director 
such authority and provide such staff as may be nec-
essary to carry out this section. 
‘‘(c) ANNUAL PRIORITY LIST.— 
‘‘(1) IN GENERAL.—After providing public no-
tice, the Director shall annually compile a priority 
list, consistent with the San Francisco Bay Plan,
1230 
identifying and prioritizing the projects, activities, 
and studies to be carried out with amounts made 
available under subsection (e). 
‘‘(2) INCLUSIONS.—The annual priority list 
compiled under paragraph (1) shall include the fol-
lowing: 
‘‘(A) Projects, activities, and studies, in-
cluding restoration projects and habitat im-
provement for fish, waterfowl, and wildlife, that 
advance the goals and objectives of the San 
Francisco Bay Plan, for— 
‘‘(i) water quality improvement, in-
cluding the reduction of marine litter; 
‘‘(ii) wetland, riverine, and estuary 
restoration and protection; 
‘‘(iii) nearshore and endangered spe-
cies recovery; and 
‘‘(iv) adaptation to climate change. 
‘‘(B) Information on the projects, activi-
ties, and studies specified under subparagraph 
(A), including— 
‘‘(i) the identity of each entity receiv-
ing assistance pursuant to subsection (e); 
and
1231 
‘‘(ii) a description of the communities 
to be served. 
‘‘(C) The criteria and methods established 
by the Director for identification of projects, ac-
tivities, and studies to be included on the an-
nual priority list. 
‘‘(3) CONSULTATION.—In compiling the annual 
priority list under paragraph (1), the Director shall 
consult with, and consider the recommendations of— 
‘‘(A) the Estuary Partnership; 
‘‘(B) the State of California and affected 
local governments in the San Francisco Bay es-
tuary watershed; 
‘‘(C) the San Francisco Bay Restoration 
Authority; and 
‘‘(D) any other relevant stakeholder in-
volved with the protection and restoration of 
the San Francisco Bay estuary that the Direc-
tor determines to be appropriate. 
‘‘(d) SAN FRANCISCO BAY PLAN.— 
‘‘(1) IN
GENERAL.—Not later than 5 years 
after the date of enactment of this section, the Di-
rector, in conjunction with the Estuary Partnership, 
shall review and revise the comprehensive conserva-
tion and management plan approved under section
1232 
320 for the San Francisco Bay estuary to develop 
a plan to guide the projects, activities, and studies 
of the Office to address the restoration and protec-
tion of the San Francisco Bay. 
‘‘(2) 
REVISION
OF
SAN
FRANCISCO
BAY 
PLAN.—Not less often than once every 5 years after 
the date of the completion of the plan described in 
paragraph (1), the Director shall review, and revise 
as appropriate, the San Francisco Bay Plan. 
‘‘(3) OUTREACH.—In carrying out this sub-
section, the Director shall consult with the Estuary 
Partnership and Indian tribes and solicit input from 
other non-Federal stakeholders. 
‘‘(e) GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—The Director may provide 
funding through cooperative agreements, grants, or 
other means to State and local agencies, special dis-
tricts, and public or nonprofit agencies, institutions, 
and organizations, including the Estuary Partner-
ship, for projects, activities, and studies identified on 
the annual priority list compiled under subsection 
(c). 
‘‘(2) MAXIMUM AMOUNT OF GRANTS; NON-FED-
ERAL SHARE.—
1233 
‘‘(A) MAXIMUM
AMOUNT
OF
GRANTS.— 
Amounts provided to any entity under this sec-
tion for a fiscal year shall not exceed an 
amount equal to 75 percent of the total cost of 
any projects, activities, and studies that are to 
be carried out using those amounts. 
‘‘(B) NON-FEDERAL
SHARE.—Not less 
than 25 percent of the cost of any project, ac-
tivity, or study carried out using amounts pro-
vided under this section shall be provided from 
non-Federal sources. 
‘‘(f) FUNDING.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this section $50,000,000 for each of fiscal years 
2021 through 2025. 
‘‘(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amount made available to carry out this section for 
a fiscal year, the Director may not use more than 
5 percent to pay administrative expenses incurred in 
carrying out this section. 
‘‘(3) PROHIBITION.—No amounts made avail-
able under this section may be used for the adminis-
tration of a management conference under section 
320.
1234 
‘‘(g) ANNUAL BUDGET PLAN.—In each of fiscal 
years 2021 through 2025, the President, as part of the 
annual budget submission of the President to Congress 
under section 1105(a) of title 31, United States Code, 
shall submit information regarding each Federal depart-
ment and agency involved in San Francisco Bay protection 
and restoration, including— 
‘‘(1) a report that displays for each Federal 
agency— 
‘‘(A) the amounts obligated in the pre-
ceding fiscal year for protection and restoration 
projects, activities, and studies relating to the 
San Francisco Bay; and 
‘‘(B) the proposed budget for protection 
and restoration projects, activities, and studies 
relating to the San Francisco Bay; and 
‘‘(2) a description and assessment of the Fed-
eral role in the implementation of the San Francisco 
Bay Plan and the specific role of each Federal de-
partment and agency involved in San Francisco Bay 
protection 
and 
restoration, 
including 
specific 
projects, activities, and studies conducted or planned 
to achieve the identified goals and objectives of the 
San Francisco Bay Plan.’’.
1235 
SEC. 22303. PUGET SOUND COORDINATED RECOVERY. 
Title I of the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.) is further amended by adding 
at the end the following: 
‘‘SEC. 125. PUGET SOUND. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) COASTAL NONPOINT POLLUTION CONTROL 
PROGRAM.—The term ‘Coastal Nonpoint Pollution 
Control Program’ means the State of Washington’s 
Coastal Nonpoint Pollution Control Program ap-
proved by the Secretary of Commerce as required 
under section 6217 of the Coastal Zone Act Reau-
thorization Amendments of 1990. 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Program Office. 
‘‘(3) FEDERAL ACTION PLAN.—The term ‘Fed-
eral Action Plan’ means the plan developed under 
subsection (d)(2)(B). 
‘‘(4) INTERNATIONAL JOINT COMMISSION.—The 
term ‘International Joint Commission’ means the 
International Joint Commission established by the 
United States and Canada under the International 
Boundary Waters Treaty of 1909 (36 Stat. 2448). 
‘‘(5) PACIFIC SALMON COMMISSION.—The term 
‘Pacific Salmon Commission’ means the Pacific
1236 
Salmon Commission established by the United 
States and Canada under the Treaty between the 
Government of the United States of America and 
the Government of Canada Concerning Pacific Salm-
on, signed at Ottawa, January 28, 1985 (commonly 
known as the ‘Pacific Salmon Treaty’). 
‘‘(6) PROGRAM
OFFICE.—The term ‘Program 
Office’ means the Puget Sound Recovery National 
Program Office established by subsection (c). 
‘‘(7) PUGET SOUND ACTION AGENDA; ACTION 
AGENDA.—The term ‘Puget Sound Action Agenda’ 
or ‘Action Agenda’ means the most recent plan de-
veloped by the Puget Sound National Estuary Pro-
gram Management Conference, in consultation with 
the Puget Sound Tribal Management Conference, 
and approved by the Administrator as the com-
prehensive conservation and management plan for 
Puget Sound under section 320. 
‘‘(8) PUGET
SOUND
FEDERAL
LEADERSHIP 
TASK
FORCE.—The term ‘Puget Sound Federal 
Leadership Task Force’ means the Puget Sound 
Federal Leadership Task Force established under 
subsection (d). 
‘‘(9) PUGET SOUND FEDERAL TASK FORCE.— 
The term ‘Puget Sound Federal Task Force’ means
1237 
the Puget Sound Federal Task Force established in 
2016 under a memorandum of understanding among 
nine Federal agencies. 
‘‘(10) PUGET SOUND NATIONAL ESTUARY PRO-
GRAM
MANAGEMENT
CONFERENCE; MANAGEMENT 
CONFERENCE.—The term ‘Puget Sound National 
Estuary Program Management Conference’ or ‘Man-
agement Conference’ means the management con-
ference for Puget Sound convened pursuant to sec-
tion 320. 
‘‘(11) PUGET SOUND PARTNERSHIP.—The term 
‘Puget Sound Partnership’ means the State agency 
that is established under the laws of the State of 
Washington (section 90.71.210 of the Revised Code 
of Washington), or its successor agency, that has 
been designated by the Administrator as the lead en-
tity to support the Puget Sound National Estuary 
Program Management Conference. 
‘‘(12) PUGET SOUND REGION.— 
‘‘(A) IN
GENERAL.—The term ‘Puget 
Sound region’ means the land and waters in the 
northwest corner of the State of Washington 
from the Canadian border to the north to the 
Pacific Ocean on the west, including Hood 
Canal and the Strait of Juan de Fuca.
1238 
‘‘(B) INCLUSION.—The term ‘Puget Sound 
region’ includes all of the water that falls on 
the Olympic and Cascade Mountains and flows 
to meet Puget Sound’s marine waters. 
‘‘(13) PUGET
SOUND
TRIBAL
MANAGEMENT 
CONFERENCE.—The term ‘Puget Sound Tribal Man-
agement Conference’ means the 20 treaty Indian 
tribes of western Washington and the Northwest In-
dian Fisheries Commission. 
‘‘(14) SALISH
SEA.—The term ‘Salish Sea’ 
means the network of coastal waterways on the west 
coast of North America that includes the Puget 
Sound, the Strait of Georgia, and the Strait of Juan 
de Fuca. 
‘‘(15) SALMON
RECOVERY
PLANS.—The term 
‘Salmon Recovery Plans’ means the recovery plans 
for salmon and steelhead species approved by the 
Secretary of the Interior under section 4(f) of the 
Endangered Species Act of 1973. 
‘‘(16) 
STATE
ADVISORY
COMMITTEE.—The 
term ‘State Advisory Committee’ means the advisory 
committee established by subsection (e). 
‘‘(17) TREATY RIGHTS AT RISK INITIATIVE.— 
The term ‘Treaty Rights at Risk Initiative’ means 
the report from the treaty Indian tribes of western
1239 
Washington entitled ‘Treaty Rights at Risk: Ongo-
ing Habitat Loss, the Decline of the Salmon Re-
source, and Recommendations for Change’ and 
dated July 14, 2011, or its successor report, which 
outlines issues and offers solutions for the protection 
of Tribal treaty rights, recovery of salmon habitat, 
and management of sustainable treaty and nontreaty 
salmon fisheries, including through tribal salmon 
hatchery programs. 
‘‘(b) CONSISTENCY.—All Federal agencies rep-
resented on the Puget Sound Federal Leadership Task 
Force shall act consistently with the protection of Tribal, 
treaty-reserved rights and, to the greatest extent prac-
ticable given such agencies’ existing obligations under 
Federal law, act consistently with the objectives and prior-
ities of the Action Agenda, Salmon Recovery Plans, the 
Treaty Rights at Risk Initiative, and the Coastal Nonpoint 
Pollution Control Program, when— 
‘‘(1) conducting Federal agency activities within 
or outside Puget Sound that affect any land or 
water use or natural resources of Puget Sound and 
its tributary waters, including activities performed 
by a contractor for the benefit of a Federal agency;
1240 
‘‘(2) interpreting and enforcing regulations that 
impact the restoration and protection of Puget 
Sound; 
‘‘(3) issuing Federal licenses or permits that 
impact the restoration and protection of Puget 
Sound; and 
‘‘(4) granting Federal assistance to State, local, 
and Tribal governments for activities related to the 
restoration and protection of Puget Sound. 
‘‘(c) PUGET SOUND RECOVERY NATIONAL PROGRAM 
OFFICE.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Environmental Protection Agency a Puget 
Sound Recovery National Program Office to be lo-
cated in the State of Washington. 
‘‘(2) DIRECTOR.— 
‘‘(A) IN GENERAL.—The Director of the 
Program Office shall be a career reserved posi-
tion, as such term is defined in section 
3132(a)(8) of title 5, United States Code. 
‘‘(B) QUALIFICATIONS.—The Director of 
the Program Office shall have leadership and 
project management experience and shall be 
highly qualified to—
1241 
‘‘(i) direct the integration of multiple 
project planning efforts and programs 
from different agencies and jurisdictions; 
and 
‘‘(ii) align numerous, and often con-
flicting, needs toward implementing a 
shared Action Agenda with visible and 
measurable outcomes. 
‘‘(3) DELEGATION OF AUTHORITY; STAFFING.— 
Using amounts made available pursuant to sub-
section (i), the Administrator shall delegate to the 
Director such authority and provide such staff as 
may be necessary to carry out this section. 
‘‘(4) DUTIES.—The Director shall— 
‘‘(A) coordinate and manage the timely 
execution of the requirements of this section, 
including the formation and meetings of the 
Puget Sound Federal Leadership Task Force; 
‘‘(B) coordinate activities related to the 
restoration and protection of Puget Sound 
across the Environmental Protection Agency; 
‘‘(C) coordinate and align the activities of 
the Administrator with the Action Agenda, 
Salmon Recovery Plans, the Treaty Rights at
1242 
Risk Initiative, and the Coastal Nonpoint Pollu-
tion Control Program; 
‘‘(D) promote the efficient use of Environ-
mental Protection Agency resources in pursuit 
of Puget Sound restoration and protection; 
‘‘(E) serve on the Puget Sound Federal 
Leadership Task Force and collaborate with, 
help coordinate, and implement activities with 
other Federal agencies that have responsibilities 
involving Puget Sound restoration and protec-
tion; 
‘‘(F) provide or procure such other advice, 
technical assistance, research, assessments, 
monitoring, or other support as is determined 
by the Director to be necessary or prudent to 
most efficiently and effectively fulfill the objec-
tives and priorities of the Action Agenda, Salm-
on Recovery Plans, the Treaty Rights at Risk 
Initiative, and the Coastal Nonpoint Pollution 
Control Program consistent with the best avail-
able science and to ensure the health of the 
Puget Sound ecosystem; 
‘‘(G) track the progress of the Environ-
mental Protection Agency towards meeting the 
Agency’s specified objectives and priorities with-
1243 
in the Action Agenda and the Federal Action 
Plan; 
‘‘(H) implement the recommendations of 
the Comptroller General, set forth in the report 
entitled ‘Puget Sound Restoration: Additional 
Actions 
Could 
Improve 
Assessments 
of 
Progress’ and dated July 19, 2018; 
‘‘(I) serve as liaison and coordinate activi-
ties for the restoration and protection of the 
Salish Sea, with Canadian authorities, the Pa-
cific Salmon Commission, and the International 
Joint Commission; and 
‘‘(J) carry out such additional duties as 
the Administrator determines necessary and ap-
propriate. 
‘‘(d) PUGET SOUND FEDERAL LEADERSHIP TASK 
FORCE.— 
‘‘(1) ESTABLISHMENT.—There is established a 
Puget Sound Federal Leadership Task Force. 
‘‘(2) DUTIES.— 
‘‘(A) 
GENERAL
DUTIES.—The 
Puget 
Sound Federal Leadership Task Force shall— 
‘‘(i) uphold Federal trust responsibil-
ities to restore and protect resources cru-
cial to Tribal treaty rights, including by
1244 
carrying 
out 
government-to-government 
consultation with Indian tribes when re-
quested by such tribes; 
‘‘(ii) provide a venue for dialogue and 
coordination across all Federal agencies on 
the Puget Sound Federal Leadership Task 
Force to align Federal resources for the 
purposes of carrying out the requirements 
of this section and all other Federal laws 
that contribute to the restoration and pro-
tection of Puget Sound, including by— 
‘‘(I) enabling and encouraging 
the Federal agencies represented on 
the Puget Sound Federal Leadership 
Task Force to act consistently with 
the objectives and priorities of the Ac-
tion Agenda, Salmon Recovery Plans, 
the Treaty Rights at Risk Initiative, 
and the Coastal Nonpoint Pollution 
Control Program; 
‘‘(II) facilitating the coordination 
of Federal activities that impact the 
restoration and protection of Puget 
Sound;
1245 
‘‘(III) facilitating the delivery of 
feedback given by Federal agencies to 
the Puget Sound Partnership during 
the development of the Action Agen-
da; 
‘‘(IV) facilitating the resolution 
of interagency conflicts associated 
with the restoration and protection of 
Puget Sound among the agencies rep-
resented on the Puget Sound Federal 
Leadership Task Force; 
‘‘(V) providing a forum for ex-
changing information among agencies 
regarding activities being conducted, 
including 
obstacles 
or 
efficiencies 
found, during Puget Sound restora-
tion and protection activities; and 
‘‘(VI) promoting the efficient use 
of government resources in pursuit of 
Puget Sound restoration and protec-
tion through coordination and collabo-
ration, including by ensuring that the 
Federal efforts relating to the science 
necessary for restoration and protec-
tion of Puget Sound are consistent,
1246 
and not duplicative, across the Fed-
eral Government; 
‘‘(iii) catalyze public leaders at all lev-
els to work together toward shared goals 
by demonstrating interagency best prac-
tices coming from the members of the 
Puget Sound Federal Leadership Task 
Force; 
‘‘(iv) provide advice and support on 
scientific and technical issues and act as a 
forum for the exchange of scientific infor-
mation about Puget Sound; 
‘‘(v) identify and inventory Federal 
environmental research and monitoring 
programs related to Puget Sound, and pro-
vide such inventory to the Puget Sound 
National Estuary Program Management 
Conference; 
‘‘(vi) ensure that Puget Sound res-
toration and protection activities are as 
consistent as practicable with ongoing res-
toration and protection and related efforts 
in the Salish Sea that are being conducted 
by Canadian authorities, the Pacific Salm-
1247 
on Commission, and the International 
Joint Commission; 
‘‘(vii) establish any necessary working 
groups or advisory committees necessary to 
assist the Puget Sound Federal Leadership 
Task Force in its duties, including public 
policy and scientific issues; 
‘‘(viii) raise national awareness of the 
significance of Puget Sound; 
‘‘(ix) work with the Office of Manage-
ment and Budget to give input on the 
crosscut budget under subsection (h); and 
‘‘(x) submit a biennial report under 
subsection (g) on the progress made to-
ward carrying out the Federal Action Plan. 
‘‘(B) PUGET
SOUND
FEDERAL
ACTION 
PLAN.— 
‘‘(i) IN GENERAL.—Not later than 5 
years after the date of enactment of this 
section, the Puget Sound Federal Leader-
ship Task Force shall develop and approve 
a Federal Action Plan that leverages Fed-
eral programs across agencies and serves 
to coordinate diverse programs on a spe-
1248 
cific suite of priorities on Puget Sound re-
covery. 
‘‘(ii) REVISION
OF
PUGET
SOUND 
FEDERAL
ACTION
PLAN.—Not less often 
than once every 5 years after the date of 
completion of the Federal Action Plan de-
scribed in clause (i), the Puget Sound Fed-
eral Leadership Task Force shall review, 
and revise as appropriate, the Federal Ac-
tion Plan. 
‘‘(C) FEEDBACK
BY
FEDERAL
AGEN-
CIES.—In facilitating feedback under subpara-
graph (A)(ii)(III), the Puget Sound Federal 
Leadership Task Force shall request Federal 
agencies to consider, at a minimum, possible 
Federal actions designed to— 
‘‘(i) further the goals, targets, and ac-
tions of the Action Agenda, Salmon Recov-
ery Plans, the Treaty Rights at Risk Ini-
tiative, and the Coastal Nonpoint Pollution 
Control Program; 
‘‘(ii) implement and enforce this Act, 
the Endangered Species Act of 1973, and 
all other Federal laws that contribute to 
the restoration and protection of Puget
1249 
Sound, including those that protect Tribal 
treaty rights; 
‘‘(iii) prevent the introduction and 
spread of invasive species; 
‘‘(iv) prevent the destruction of ma-
rine and wildlife habitats; 
‘‘(v) protect, restore, and conserve for-
ests, wetlands, riparian zones, and near-
shore waters that provide marine and wild-
life habitat; 
‘‘(vi) promote resilience to climate 
change and ocean acidification effects; 
‘‘(vii) conserve and recover endan-
gered species under the Endangered Spe-
cies Act of 1973; 
‘‘(viii) restore fisheries so that they 
are sustainable and productive; 
‘‘(ix) preserve biodiversity; 
‘‘(x) restore and protect ecosystem 
services that provide clean water, filter 
toxic chemicals, and increase ecosystem re-
silience; and 
‘‘(xi) improve water quality and re-
store wildlife habitat, including by pre-
venting and managing stormwater runoff,
1250 
incorporating erosion control techniques 
and trash capture devices, using sustain-
able stormwater practices, and mitigating 
and minimizing nonpoint source pollution, 
including marine litter. 
‘‘(3) PARTICIPATION OF STATE ADVISORY COM-
MITTEE AND PUGET SOUND TRIBAL MANAGEMENT 
CONFERENCE.— 
‘‘(A) IN
GENERAL.—The Puget Sound 
Federal Leadership Task Force shall carry out 
its duties with input from, and in collaboration 
with, the State Advisory Committee and Puget 
Sound Tribal Management Conference. 
‘‘(B) SPECIFIC ADVICE AND RECOMMENDA-
TIONS.—The Puget Sound Federal Leadership 
Task Force shall seek the advice and rec-
ommendations of the State Advisory Committee 
and Puget Sound Tribal Management Con-
ference on the actions, progress, and issues per-
taining to restoration and protection of Puget 
Sound. 
‘‘(4) MEMBERSHIP.— 
‘‘(A) 
QUALIFICATIONS.—Members 
ap-
pointed under this paragraph shall have experi-
ence and expertise in matters of restoration and
1251 
protection of large watersheds and bodies of 
water or related experience that will benefit the 
restoration and protection effort of Puget 
Sound. 
‘‘(B) COMPOSITION.—The Puget Sound 
Federal Leadership Task Force shall be com-
posed of the following members: 
‘‘(i) SECRETARY OF AGRICULTURE.— 
The following individuals appointed by the 
Secretary of Agriculture: 
‘‘(I) A representative of the Na-
tional Forest Service. 
‘‘(II) A representative of the 
Natural Resources Conservation Serv-
ice. 
‘‘(ii) SECRETARY OF COMMERCE.—A 
representative of the National Oceanic and 
Atmospheric Administration appointed by 
the Secretary of Commerce. 
‘‘(iii) SECRETARY OF DEFENSE.—The 
following individuals appointed by the Sec-
retary of Defense: 
‘‘(I) A representative of the 
Corps of Engineers.
1252 
‘‘(II) A representative of the 
Joint Base Lewis-McChord. 
‘‘(III) A representative of the 
Navy Region Northwest. 
‘‘(iv) DIRECTOR.—The Director of the 
Program Office. 
‘‘(v) SECRETARY OF HOMELAND SE-
CURITY.—The following individuals ap-
pointed by the Secretary of Homeland Se-
curity: 
‘‘(I) A representative of the 
Coast Guard. 
‘‘(II) A representative of the 
Federal 
Emergency 
Management 
Agency. 
‘‘(vi) SECRETARY
OF
THE
INTE-
RIOR.—The following individuals appointed 
by the Secretary of the Interior: 
‘‘(I) A representative of the Bu-
reau of Indian Affairs. 
‘‘(II) A representative of the 
United States Fish and Wildlife Serv-
ice. 
‘‘(III) A representative of the 
United States Geological Survey.
1253 
‘‘(IV) A representative of the Na-
tional Park Service. 
‘‘(vii) 
SECRETARY
OF
TRANSPOR-
TATION.—The following individuals ap-
pointed by the Secretary of Transpor-
tation: 
‘‘(I) A representative of the Fed-
eral Highway Administration. 
‘‘(II) A representative of the 
Federal Transit Administration. 
‘‘(viii) ADDITIONAL MEMBERS.—Rep-
resentatives of such other agencies, pro-
grams, and initiatives as the Puget Sound 
Federal Leadership Task Force determines 
necessary. 
‘‘(5) LEADERSHIP.—The Co-Chairs shall ensure 
the Puget Sound Federal Leadership Task Force 
completes its duties through robust discussion of all 
relevant issues. The Co-Chairs shall share leadership 
responsibilities equally. 
‘‘(6) CO-CHAIRS.—The following members of 
the Puget Sound Federal Leadership Task Force 
appointed under paragraph (5) shall serve as Co- 
Chairs of the Puget Sound Federal Leadership Task 
Force:
1254 
‘‘(A) The representative of the National 
Oceanic and Atmospheric Administration. 
‘‘(B) The representative of the Puget 
Sound Recovery National Program Office. 
‘‘(C) The representative of the Corps of 
Engineers. 
‘‘(7) MEETINGS.— 
‘‘(A) 
INITIAL
MEETING.—The 
Puget 
Sound Federal Leadership Task Force shall 
meet not later than 180 days after the date of 
enactment of this section— 
‘‘(i) to determine if all Federal agen-
cies are properly represented; 
‘‘(ii) to establish the bylaws of the 
Puget Sound Federal Leadership Task 
Force; 
‘‘(iii) to establish necessary working 
groups or committees; and 
‘‘(iv) to determine subsequent meeting 
times, dates, and logistics. 
‘‘(B) SUBSEQUENT MEETINGS.—After the 
initial meeting, the Puget Sound Federal Lead-
ership Task Force shall meet, at a minimum, 
twice per year to carry out the duties of the 
Puget Sound Federal Leadership Task Force.
1255 
‘‘(C) WORKING GROUP MEETINGS.—Meet-
ings of any established working groups or com-
mittees of the Puget Sound Federal Leadership 
Task Force shall not be considered a biannual 
meeting for purposes of subparagraph (B). 
‘‘(D) JOINT MEETINGS.—The Puget Sound 
Federal Leadership Task Force shall offer to 
meet jointly with the Puget Sound National Es-
tuary Program Management Conference and 
the Puget Sound Tribal Management Con-
ference, at a minimum, once per year. A joint 
meeting under this subparagraph may be con-
sidered a biannual meeting of the Puget Sound 
Federal Leadership Task Force for purposes of 
subparagraph (B), if agreed upon. 
‘‘(E) QUORUM.—A majority number of the 
members of the Puget Sound Federal Leader-
ship Task Force shall constitute a quorum. 
‘‘(F) VOTING.—For the Puget Sound Fed-
eral Leadership Task Force to pass a measure, 
a two-thirds percentage of the quorum must 
vote in the affirmative. 
‘‘(8) PUGET
SOUND
FEDERAL
LEADERSHIP 
TASK FORCE PROCEDURES AND ADVICE.—
1256 
‘‘(A) ADVISORS.—The Puget Sound Fed-
eral Leadership Task Force, and any working 
group of the Puget Sound Federal Leadership 
Task Force, may seek advice and input from 
any interested, knowledgeable, or affected party 
as the Puget Sound Federal Leadership Task 
Force or working group, respectively, deter-
mines necessary to perform its duties. 
‘‘(B) COMPENSATION.—A member of the 
Puget Sound Federal Leadership Task Force 
shall receive no additional compensation for 
service as a member on the Puget Sound Fed-
eral Leadership Task Force. 
‘‘(C) TRAVEL EXPENSES.—Travel expenses 
incurred by a member of the Puget Sound Fed-
eral Leadership Task Force in the performance 
of service on the Puget Sound Federal Leader-
ship Task Force may be paid by the agency or 
department that the member represents. 
‘‘(9) PUGET SOUND FEDERAL TASK FORCE.— 
‘‘(A) IN GENERAL.—On the date of enact-
ment of this section, the 2016 memorandum of 
understanding establishing the Puget Sound 
Federal Task Force shall cease to be effective.
1257 
‘‘(B) USE
OF
PREVIOUS
WORK.—The 
Puget Sound Federal Leadership Task Force 
shall, to the extent practicable, use the work 
product produced, relied upon, and analyzed by 
the Puget Sound Federal Task Force in order 
to avoid duplicating the efforts of the Puget 
Sound Federal Task Force. 
‘‘(e) STATE ADVISORY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—There is established a 
State Advisory Committee. 
‘‘(2) MEMBERSHIP.—The committee shall con-
sist of up to seven members designated by the gov-
erning body of the Puget Sound Partnership, in con-
sultation with the Governor of Washington, who will 
represent Washington State agencies that have sig-
nificant roles and responsibilities related to Puget 
Sound recovery. 
‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The 
Puget Sound Federal Leadership Task Force, State Advi-
sory Committee, and any working group of the Puget 
Sound Federal Leadership Task Force, shall not be con-
sidered an advisory committee under the Federal Advisory 
Committee Act (5 U.S.C. App.).
1258 
‘‘(g) PUGET SOUND FEDERAL LEADERSHIP TASK 
FORCE BIENNIAL REPORT ON PUGET SOUND RECOVERY 
ACTIVITIES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, and biennially 
thereafter, the Puget Sound Federal Leadership 
Task Force, in collaboration with the Puget Sound 
Tribal Management Conference and the State Advi-
sory Committee, shall submit to the President, Con-
gress, the Governor of Washington, and the gov-
erning body of the Puget Sound Partnership a re-
port that summarizes the progress, challenges, and 
milestones of the Puget Sound Federal Leadership 
Task Force on the restoration and protection of 
Puget Sound. 
‘‘(2) CONTENTS.—The report under paragraph 
(1) shall include a description of the following: 
‘‘(A) The roles and progress of each State, 
local government entity, and Federal agency 
that has jurisdiction in the Puget Sound region 
toward meeting the identified objectives and 
priorities of the Action Agenda, Salmon Recov-
ery Plans, the Treaty Rights at Risk Initiative, 
and the Coastal Nonpoint Pollution Control 
Program.
1259 
‘‘(B) If available, the roles and progress of 
Tribal governments that have jurisdiction in the 
Puget Sound region toward meeting the identi-
fied objectives and priorities of the Action 
Agenda, Salmon Recovery Plans, the Treaty 
Rights at Risk Initiative, and the Coastal 
Nonpoint Pollution Control Program. 
‘‘(C) A summary of specific recommenda-
tions concerning implementation of the Action 
Agenda and Federal Action Plan, including 
challenges, barriers, and anticipated milestones, 
targets, and timelines. 
‘‘(D) A summary of progress made by 
Federal agencies toward the priorities identified 
in the Federal Action Plan. 
‘‘(h) CROSSCUT BUDGET REPORT.— 
‘‘(1) FINANCIAL
REPORT.—Not later than 1 
year after the date of enactment of this section, and 
every 5 years thereafter, the Director of the Office 
of Management and Budget, in consultation with the 
Puget Sound Federal Leadership Task Force, shall, 
in conjunction with the annual budget submission of 
the President to Congress for the year under section 
1105(a) of title 31, United States Code, submit to 
Congress and make available to the public, including
1260 
on the internet, a financial report that is certified by 
the head of each agency represented by the Puget 
Sound Federal Leadership Task Force. 
‘‘(2) CONTENTS.—The report shall contain an 
interagency crosscut budget relating to Puget Sound 
restoration and protection activities that displays— 
‘‘(A) the proposed funding for any Federal 
restoration and protection activity to be carried 
out in the succeeding fiscal year, including any 
planned interagency or intra-agency transfer, 
for each of the Federal agencies that carry out 
restoration and protection activities; 
‘‘(B) the estimated expenditures for Fed-
eral restoration and protection activities from 
the preceding 2 fiscal years, the current fiscal 
year, and the succeeding fiscal year; and 
‘‘(C) the estimated expenditures for Fed-
eral environmental research and monitoring 
programs from the preceding 2 fiscal years, the 
current fiscal year, and the succeeding fiscal 
year. 
‘‘(3) INCLUDED RECOVERY ACTIVITIES.—With 
respect to activities described in the report, the re-
port shall only describe activities that have funding 
amounts more than $100,000.
1261 
‘‘(4) SUBMISSION TO CONGRESS.—The Director 
of the Office of Management and Budget shall sub-
mit the report to— 
‘‘(A) the Committee on Appropriations, the 
Committee on Natural Resources, the Com-
mittee on Energy and Commerce, and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives; and 
‘‘(B) the Committee on Appropriations, the 
Committee on Environment and Public Works, 
and the Committee on Commerce, Science, and 
Transportation of the Senate. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other funds authorized to be appropriated for 
activities related to Puget Sound, there is authorized to 
be appropriated to carry out this section $50,000,000 for 
each of fiscal years 2021 through 2025. 
‘‘(j) PRESERVATION OF TREATY OBLIGATIONS AND 
EXISTING FEDERAL STATUS.— 
‘‘(1) TRIBAL TREATY RIGHTS.—Nothing in this 
section affects, or is intended to affect, any right re-
served by treaty between the United States and one 
or more Indian tribes.
1262 
‘‘(2) OTHER FEDERAL LAW.—Nothing in this 
section affects the requirements and procedures of 
other Federal law. 
‘‘(k) CONSISTENCY.—Actions authorized or imple-
mented under this section shall be consistent with— 
‘‘(1) the Endangered Species Act of 1973 and 
the Salmon Recovery Plans of the State of Wash-
ington; 
‘‘(2) the Coastal Zone Management Act of 1972 
and the Coastal Nonpoint Pollution Control Pro-
gram; 
‘‘(3) the water quality standards of the State of 
Washington approved by the Administrator under 
section 303; and 
‘‘(4) other applicable Federal requirements.’’. 
SEC. 22304. GREAT LAKES RESTORATION INITIATIVE REAU-
THORIZATION. 
Section 118(c)(7)(J)(i) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1268(c)(7)(J)(i)) is amend-
ed— 
(1) by striking ‘‘is authorized’’ and inserting 
‘‘are authorized’’; 
(2) by striking the period at the end and insert-
ing a semicolon;
1263 
(3) by striking ‘‘this paragraph $300,000,000’’ 
and inserting the following: ‘‘this paragraph— 
‘‘(I) $300,000,000’’; and 
(4) by adding at the end the following: 
‘‘(II) $375,000,000 for fiscal 
year 2022; 
‘‘(III) $400,000,000 for fiscal 
year 2023; 
‘‘(IV) $425,000,000 for fiscal 
year 2024; 
‘‘(V) $450,000,000 for fiscal year 
2025; and 
‘‘(VI) $475,000,000 for fiscal 
year 2026.’’. 
SEC. 22305. NATIONAL ESTUARY PROGRAM REAUTHORIZA-
TION. 
(a) 
MANAGEMENT
CONFERENCE.—Section 
320(a)(2)(B) of the Federal Water Pollution Control Act 
(33 U.S.C. 1330(a)(2)(B)) is amended by striking ‘‘and 
Peconic Bay, New York’’ and inserting ‘‘Peconic Bay, 
New York; Casco Bay, Maine; Tampa Bay, Florida; 
Coastal Bend, Texas; San Juan Bay, Puerto Rico; 
Tillamook Bay, Oregon; Piscataqua Region, New Hamp-
shire; Barnegat Bay, New Jersey; Maryland Coastal Bays, 
Maryland; Charlotte Harbor, Florida; Mobile Bay, Ala-
1265 
(1) in the matter preceding clause (i)— 
(A) by inserting ‘‘, emerging,’’ after ‘‘ur-
gent’’; and 
(B) by striking ‘‘coastal areas’’ and insert-
ing ‘‘the estuaries selected by the Administrator 
under subsection (a)(2), or that relate to the 
coastal resiliency of such estuaries’’; 
(2) by redesignating clauses (vi) and (vii) as 
clauses (viii) and (ix), respectively, and inserting 
after clause (v) the following: 
‘‘(vi) stormwater runoff; 
‘‘(vii) accelerated land loss;’’; and 
(3) in clause (viii), as so redesignated, by in-
serting ‘‘, extreme weather,’’ after ‘‘sea level rise’’. 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 
320(i)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(i)(1)) is amended by inserting ‘‘, and 
$50,000,000 for each of fiscal years 2022 through 2026,’’ 
after ‘‘2021’’. 
SEC. 22306. LAKE PONTCHARTRAIN BASIN RESTORATION 
PROGRAM REAUTHORIZATION. 
(a) REVIEW
OF
COMPREHENSIVE
MANAGEMENT 
PLAN.—Section 121 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1273) is amended— 
(1) in subsection (c)—
1266 
(A) in paragraph (5), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (6), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) ensure that the comprehensive conserva-
tion and management plan approved for the Basin 
under section 320 is reviewed and revised in accord-
ance with section 320 not less often than once every 
5 years, beginning on the date of enactment of this 
paragraph.’’; and 
(2) in subsection (d), by striking ‘‘recommended 
by a management conference convened for the Basin 
under section 320’’ and inserting ‘‘identified in the 
comprehensive conservation and management plan 
approved for the Basin under section 320’’. 
(b) DEFINITIONS.—Section 121(e)(1) of the Federal 
Water Pollution Control Act (33 U.S.C. 1273(e)(1)) is 
amended by striking ‘‘, a 5,000 square mile’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
121(f) of the Federal Water Pollution Control Act (33 
U.S.C. 1273(f)) is amended— 
(1) in paragraph (1), by striking ‘‘2001 
through 2012 and the amount appropriated for fis-
1267 
cal year 2009 for each of fiscal years 2013 through 
2017’’ and inserting ‘‘2021 through 2025’’; and 
(2) by adding at the end the following: 
‘‘(3) ADMINISTRATIVE
EXPENSES.—The Ad-
ministrator may use for administrative expenses not 
more than 5 percent of the amounts appropriated to 
carry out this section.’’. 
SEC. 22307. LONG ISLAND SOUND PROGRAM REAUTHORIZA-
TION. 
Section 119(h) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1269(h)) is amended by striking 
‘‘2023’’ and inserting ‘‘2025’’. 
SEC. 22308. COLUMBIA RIVER BASIN RESTORATION PRO-
GRAM REAUTHORIZATION. 
Section 123(d)(6) of the Federal Water Pollution 
Control Act (33 U.S.C. 1275(d)(6)) is amended by strik-
ing ‘‘2021’’ and inserting ‘‘2025’’. 
TITLE III—RESILIENCE 
REVOLVING LOAN FUND 
SEC. 23001. SHORT TITLE. 
This title may be cited as the ‘‘Resilience Revolving 
Loan Fund Act of 2020’’.
1268 
SEC. 23002. GRANTS TO ENTITIES FOR ESTABLISHMENT OF 
HAZARD 
MITIGATION 
REVOLVING 
LOAN 
FUNDS. 
Title II of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5131 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 205 GRANTS TO ENTITIES FOR ESTABLISHMENT OF 
HAZARD 
MITIGATION 
REVOLVING 
LOAN 
FUNDS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Administrator may 
enter into agreements with eligible entities to make 
capitalization grants to such entities for the estab-
lishment of hazard mitigation revolving loan funds 
(referred to in this section as ‘entity loan funds’) for 
providing funding assistance to local governments to 
carry out eligible projects under this section to re-
duce disaster risks for homeowners, businesses, non-
profit organizations, and communities in order to de-
crease— 
‘‘(A) the loss of life and property; 
‘‘(B) the cost of insurance claims; and 
‘‘(C) Federal disaster payments. 
‘‘(2) AGREEMENTS.—Any agreement entered 
into under this section shall require the participating 
entity to—
1269 
‘‘(A) comply with the requirements of this 
section; and 
‘‘(B) use accounting, audit, and fiscal pro-
cedures conforming to generally accepted ac-
counting standards. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
capitalization grant under this section, an eligible 
entity shall submit to the Administrator an applica-
tion that includes the following: 
‘‘(A) Project proposals comprised of local 
government hazard mitigation projects, on the 
condition that the entity provides public notice 
not less than 6 weeks prior to the submission 
of an application. 
‘‘(B) An assessment of recurring major 
disaster vulnerabilities impacting the entity that 
demonstrates an escalating risk to life and 
property. 
‘‘(C) A description of how the hazard miti-
gation plan of the entity has or has not taken 
the vulnerabilities described in paragraph (2) 
into account. 
‘‘(D) A description about how the projects 
described in paragraph (1) could conform with
1270 
the hazard mitigation plans of the entity and 
local governments. 
‘‘(E) A proposal of the systematic and re-
gional approach to achieve resilience in a vul-
nerable area, including impacts to river basins, 
river corridors, watersheds, estuaries, bays, 
coastal regions, micro-basins, micro-watersheds, 
ecosystems, and areas at risk of earthquakes, 
tsunamis, droughts, and wildfires, including the 
wildland-urban interface. 
‘‘(2) TECHNICAL
ASSISTANCE.—The Adminis-
trator shall provide technical assistance to eligible 
entities for applications under this section. 
‘‘(c) ENTITY LOAN FUND.— 
‘‘(1) ESTABLISHMENT
OF
FUND.—An entity 
that receives a capitalization grant under this sec-
tion shall establish an entity loan fund that complies 
with the requirements of this subsection. 
‘‘(2) FUND MANAGEMENT.—Except as provided 
in paragraph (3), an entity loan fund shall be ad-
ministered by the agency responsible for emergency 
management for such entity and shall include only— 
‘‘(A) funds provided by a capitalization 
grant under this section;
1271 
‘‘(B) repayments of loans under this sec-
tion to the entity loan fund; and 
‘‘(C) interest earned on amounts in the en-
tity loan fund. 
‘‘(3) ADMINISTRATION.—A participating entity 
may combine the financial administration of the en-
tity loan fund of such entity with the financial ad-
ministration of any other revolving fund established 
by such entity if the Administrator determines 
that— 
‘‘(A) the capitalization grant, entity share, 
repayments of loans, and interest earned on 
amounts in the entity loan fund are accounted 
for separately from other amounts in the revolv-
ing fund; and 
‘‘(B) the authority to establish assistance 
priorities and carry out oversight activities re-
mains in the control of the agency responsible 
for emergency management for the entity. 
‘‘(4) ENTITY SHARE OF FUNDS.—On or before 
the date on which a participating entity receives a 
capitalization grant under this section, the entity 
shall deposit into the entity loan fund of such entity, 
an amount equal to not less than 10 percent of the 
amount of the capitalization grant.
1272 
‘‘(d) APPORTIONMENT.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by this subsection, the Administrator shall ap-
portion funds made available to carry out this sec-
tion to entities that have entered into an agreement 
under subsection (a)(2) in amounts as determined 
by the Administrator. 
‘‘(2) RESERVATION OF FUNDS.—The Adminis-
trator shall reserve not more than 2.5 percent of the 
amount made available to carry out this section 
for— 
‘‘(A) administrative costs incurred in car-
rying out this section; and 
‘‘(B) providing technical assistance to par-
ticipating entities under subsection (b)(2). 
‘‘(3) PRIORITY.—In the apportionment of cap-
italization grants under this subsection, the Admin-
istrator shall give priority to entity applications 
under subsection (b) that— 
‘‘(A) propose projects increasing resilience 
and reducing risk of harm to natural and built 
infrastructure; 
‘‘(B) involve a partnership between two or 
more eligible entities to carry out a project or 
similar projects;
1273 
‘‘(C) take into account regional impacts of 
hazards on river basins, river corridors, micro- 
watersheds, macro-watersheds, estuaries, bays, 
coastal regions, and areas vulnerable to earth-
quake, drought, tsunamis and wildfire, includ-
ing the wildland-urban interface; or 
‘‘(D) propose projects for the resilience of 
major economic sectors or critical national in-
frastructure, including ports, global commodity 
supply chain assets (located within an entity or 
within the jurisdiction of local governments and 
tribal governments), capacity, power and water 
production and distribution centers, and bridges 
and waterways essential to interstate commerce. 
‘‘(e) USE OF FUNDS.— 
‘‘(1) TYPES OF ASSISTANCE.—Amounts depos-
ited in an entity loan fund, including loan repay-
ments and interest earned on such amounts, may be 
used— 
‘‘(A) to make loans, on the condition 
that— 
‘‘(i) such loans are made at an inter-
est rate of not more than 1.5 percent; 
‘‘(ii) annual principal and interest 
payments will commence not later than 1
1274 
year after completion of any project and all 
loans will be fully amortized— 
‘‘(I) not later than 20 years after 
the date on which the project is com-
pleted; or 
‘‘(II) for projects in a low-income 
geographic area, not later than 30 
years after the date on which the 
projects is completed and not longer 
than the expected design life of the 
project; 
‘‘(iii) the local government receiving a 
loan establishes a dedicated source of rev-
enue for repayment of the loan; 
‘‘(iv) the local government receiving a 
loan has a hazard mitigation plan that has 
been approved by the participating entity; 
and 
‘‘(v) the entity loan fund will be cred-
ited with all payments of principal and in-
terest on all loans; 
‘‘(B) for mitigation planning, not to exceed 
10 percent of the capitalization grants made to 
the participating entity in a fiscal year;
1275 
‘‘(C) for the reasonable costs of admin-
istering the fund and conducting activities 
under this section, except that such amounts 
shall not exceed $100,000 per year, 2 percent 
of the capitalization grants made to the partici-
pating entity in a fiscal year, or 1 percent of 
the value of the entity loan fund, whichever 
amount is greatest, plus the amount of any fees 
collected by the entity for such purpose regard-
less of the source; and 
‘‘(D) to earn interest on the entity loan 
fund. 
‘‘(2) PROHIBITION ON DETERMINATION THAT 
LOAN IS A DUPLICATION.—In carrying out this sec-
tion, Administrator may not determine that a loan 
is a duplication of assistance or a duplication of pro-
grams. 
‘‘(3) PROJECTS AND ACTIVITIES ELIGIBLE FOR 
ASSISTANCE.—Except as provided in this subsection, 
a participating entity may use funds in the entity 
loan fund to provide financial assistance for projects 
or activities that mitigate the impacts of hazards, in-
cluding— 
‘‘(A) drought and prolonged episodes of in-
tense heat;
1276 
‘‘(B) severe storms, including tornados, 
wind storms, cyclones, and severe winter 
storms; 
‘‘(C) wildfires; 
‘‘(D) earthquakes; 
‘‘(E) flooding, including the construction, 
repair, or replacement of a non-Federal levee or 
other flood control structure, provided the Ad-
ministrator, in consultation with the Corps of 
Engineers (if appropriate), requires an eligible 
entity to determine that such levee or structure 
is designed, constructed, and maintained in ac-
cordance with sound engineering practices and 
standards equivalent to the purpose for which 
such levee or structure is intended; 
‘‘(F) storm surges; 
‘‘(G) chemical spills that present an immi-
nent threat to life and property; 
‘‘(H) seepage resulting from chemical spills 
and flooding; and 
‘‘(I) any catastrophic event that the entity 
determines appropriate. 
‘‘(4) ZONING
AND
LAND
USE
PLANNING 
CHANGES.—A participating entity may use not more 
than 10 percent of the entity loan fund in a fiscal
1277 
year to provide financial assistance for zoning and 
land use planning changes focused on— 
‘‘(A) the development and improvement of 
zoning and land use codes that incentivize and 
encourage low-impact development, resilient 
wildland-urban interface land management and 
development, 
natural 
infrastructure, 
green 
stormwater management, conservation areas 
adjacent to floodplains, implementation of wa-
tershed or greenway master plans, and re-
connection of floodplains; 
‘‘(B) the study and creation of land use in-
centives that reward developers for greater reli-
ance on low impact development stormwater 
best management practices, exchange density 
increases for increased open space and improve-
ment of neighborhood catch basins to mitigate 
urban flooding, reward developers for including 
and augmenting natural infrastructure adjacent 
to and around building projects without reliance 
on increased sprawl, and reward developers for 
addressing wildfire ignition; and 
‘‘(C) the study and creation of an erosion 
response plan that accommodates river, lake, 
forest, plains, and ocean shoreline retreating or
1278 
bluff stabilization due to increased flooding and 
disaster impacts. 
‘‘(5) 
ADMINISTRATIVE
AND
TECHNICAL 
COSTS.—For each fiscal year, a participating entity 
may use the amount described in paragraph (1)(C) 
to— 
‘‘(A) pay the reasonable costs of admin-
istering the programs under this section, includ-
ing the cost of establishing an entity loan fund; 
‘‘(B) provide technical assistance to recipi-
ents of financial assistance from the entity loan 
fund, on the condition that such technical as-
sistance does not exceed 5 percent of the cap-
italization grant made to such entity. 
‘‘(6) LIMITATION
FOR
SINGLE
PROJECTS.—A 
participating entity may not provide an amount 
equal to or more than $5,000,000 to a single hazard 
mitigation project. 
‘‘(7) REQUIREMENTS.—For fiscal year 2020 
and each fiscal year thereafter, the requirements of 
subchapter IV of chapter 31 of title 40, United 
States Code, shall apply to the construction of 
projects carried out in whole or in part with assist-
ance made available by an entity loan fund author-
ized by this section.
1279 
‘‘(f) INTENDED USE PLANS.— 
‘‘(1) IN GENERAL.—After providing for public 
comment and review, and consultation with appro-
priate agencies in an entity, Federal agencies, and 
interest groups, each participating entity shall annu-
ally prepare and submit to the Administrator a plan 
identifying the intended uses of the entity loan fund. 
‘‘(2) CONTENTS OF PLAN.—An entity intended 
use plan prepared under paragraph (1) shall in-
clude— 
‘‘(A) the integration of entity planning ef-
forts, including entity hazard mitigation plans 
and other programs and initiatives relating to 
mitigation of major disasters carried out by 
such entity; 
‘‘(B) an explanation of the mitigation and 
resiliency benefits the entity intends to achieve 
by— 
‘‘(i) reducing future damage and loss 
associated with hazards; 
‘‘(ii) reducing the number of severe 
repetitive loss structures and repetitive loss 
structures in the entity; 
‘‘(iii) decreasing the number of insur-
ance claims in the entity from injuries re-
1280 
sulting from major disasters or other haz-
ards; and 
‘‘(iv) increasing the rating under the 
community rating system under section 
1315(b) of the Housing and Urban Devel-
opment Act of 1968 (42 U.S.C. 4022(b)) 
for communities in the entity; 
‘‘(C) information on the availability of, and 
application process for, financial assistance 
from the entity loan fund of such entity; 
‘‘(D) the criteria and methods established 
for the distribution of funds; 
‘‘(E) the amount of financial assistance 
that the entity anticipates apportioning; 
‘‘(F) the expected terms of the assistance 
provided from the entity loan fund; and 
‘‘(G) a description of the financial status 
of the entity loan fund, including short-term 
and long-term goals for the fund. 
‘‘(g) AUDITS, REPORTS, PUBLICATIONS, AND OVER-
SIGHT.— 
‘‘(1) BIENNIAL ENTITY AUDIT AND REPORT.— 
Beginning not later than the last day of the second 
fiscal year after the receipt of payments under this
1281 
section, and biennially thereafter, any participating 
entity shall— 
‘‘(A) conduct an audit of such fund estab-
lished under subsection (b); and 
‘‘(B) provide to the Administrator a report 
including— 
‘‘(i) the result of any such audit; and 
‘‘(ii) a review of the effectiveness of 
the entity loan fund of the entity with re-
spect to meeting the goals and intended 
benefits described in the intended use plan 
submitted by the entity under subsection 
(e). 
‘‘(2) PUBLICATION.—A participating entity 
shall publish and periodically update information 
about all projects receiving funding from the entity 
loan fund of such entity, including— 
‘‘(A) the location of the project; 
‘‘(B) the type and amount of assistance 
provided from the entity loan fund; 
‘‘(C) the expected funding schedule; and 
‘‘(D) the anticipated date of completion of 
the project. 
‘‘(3) OVERSIGHT.—
1282 
‘‘(A) IN
GENERAL.—The Administrator 
shall, at least every 4 years, conduct reviews 
and audits as may be determined necessary or 
appropriate by the Administrator to carry out 
the objectives of this section and determine the 
effectiveness of the fund in reducing hazard 
risk. 
‘‘(B) GAO REQUIREMENTS.—The entity 
shall conduct audits under paragraph (1) in ac-
cordance with the auditing procedures of the 
Government Accountability Office, including 
chapter 75 of title 31. 
‘‘(C) RECOMMENDATIONS
BY
ADMINIS-
TRATOR.—The Administrator may at any time 
make recommendations for or require specific 
changes to an entity’s loan fund in order to im-
prove the effectiveness of the fund. 
‘‘(h) REGULATIONS OR GUIDANCE.—The Adminis-
trator shall issue such regulations or guidance as are nec-
essary to— 
‘‘(1) ensure that each participating entity uses 
funds as efficiently as possible; and 
‘‘(2) reduce waste, fraud, and abuse to the 
maximum extent possible.
1283 
‘‘(i) WAIVER AUTHORITY.—Until such time as the 
Administrator issues regulations to implement this sec-
tion, the Administrator may— 
‘‘(1) waive notice and comment rulemaking, if 
the Administrator determines the waiver is necessary 
to expeditiously implement this section; and 
‘‘(2) provide capitalization grants under this 
section as a pilot program. 
‘‘(j) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a State or an Indian tribal government 
(as such terms are defined in section 102 of this Act 
(42 U.S.C. 5122)). 
‘‘(2) HAZARD
MITIGATION
PLAN.—The term 
‘hazard mitigation plan’ means a mitigation plan 
submitted under section 322 and approved by the 
Administrator. 
‘‘(3) LOW-INCOME
GEOGRAPHIC
AREA.—The 
term ‘low-income geographic area’ means an area 
described in paragraph (1) or (2) of section 301(a) 
of the Public Works and Economic Development Act 
of 1965 (42 U.S.C. 3161(a)).
1284 
‘‘(4) PARTICIPATING ENTITY.—The term ‘par-
ticipating entity’ means an eligible entity that has 
entered into an agreement under this section. 
‘‘(5) REPETITIVE LOSS STRUCTURE.—The term 
‘repetitive loss structure’ has the meaning given the 
term in section 1370 of the National Flood Insur-
ance Act (42 U.S.C. 4121). 
‘‘(6) SEVERE REPETITIVE LOSS STRUCTURE.— 
The term ‘severe repetitive loss structure’ has the 
meaning given the term in section 1366(h) of the 
National Flood Insurance Act (42 U.S.C. 4104c(h). 
‘‘(7) WILDLAND-URBAN INTERFACE.—The term 
‘wildland-urban interface’ has the meaning given the 
term in section 101 of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6511). 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$100,000,000 for each of fiscal years 2021 and 2022.’’. 
TITLE IV—SPORTS FISHING 
SEC. 24001. SHORT TITLE. 
This title may be cited as the ‘‘Sport Fish Restora-
tion, Recreational Boating Safety, and Wildlife Restora-
tion Act of 2020’’.
1285 
SEC. 24002. DIVISION OF ANNUAL APPROPRIATIONS. 
(a) IN GENERAL.—Section 4 of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c) is amend-
ed— 
(1) in subsection (a), by striking ‘‘2021’’ and 
inserting ‘‘2025’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘2021’’ and inserting ‘‘2025’’; and 
(ii) by amending subparagraph (B) to 
read as follows— 
‘‘(B) AVAILABLE AMOUNTS.—The available 
amount referred to in subparagraph (A) is— 
‘‘(i) for fiscal year 2021, $12,625,419; 
and 
‘‘(ii) for fiscal year 2022 and each fis-
cal year thereafter, the sum of— 
‘‘(I) the available amount for the 
preceding fiscal year; and 
‘‘(II) the amount determined by 
multiplying— 
‘‘(aa) the available amount 
for the preceding fiscal year; and 
‘‘(bb) the change, relative to 
the preceding fiscal year, in the
1286 
Consumer Price Index for All 
Urban Consumers published by 
the Department of Labor.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘2016 through 2021’’ and inserting ‘‘2022 
through 2025’’; and 
(ii) by amending subparagraph (B) to 
read as follows— 
‘‘(B) AVAILABLE AMOUNTS.—The available 
amount referred to in subparagraph (A) is— 
‘‘(i) for fiscal year 2021, $8,988,700; 
and 
‘‘(ii) for fiscal year 2022 and each fis-
cal year thereafter, the sum of— 
‘‘(I) the available amount for the 
preceding fiscal year; and 
‘‘(II) the amount determined by 
multiplying— 
‘‘(aa) the available amount 
for the preceding fiscal year; and 
‘‘(bb) the change, relative to 
the preceding fiscal year, in the 
Consumer Price Index for All
1287 
Urban Consumers published by 
the Department of Labor.’’; and 
(3) in subsection (e)(2), by striking ‘‘$900,000’’ 
and inserting ‘‘$1,300,000’’. 
(b) ADMINISTRATION.—Section 9(a) of the Dingell- 
Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) 
is amended— 
(1) in paragraph (1), by striking ‘‘on a full-time 
basis’’; 
(2) by striking paragraph (2) and redesignating 
paragraphs (3) through (12) as paragraphs (2) 
through (11), respectively; 
(3) by striking ‘‘paragraphs (1) and (2)’’ and 
inserting ‘‘paragraph (1)’’ each place it appears; 
(4) in paragraph (4)(B), as so redesignated, by 
striking ‘‘full-time equivalent’’; and 
(5) in paragraph (8)(A), as so redesignated, by 
striking ‘‘on a full-time basis’’. 
(c) OTHER ACTIVITIES.—Section 14(e) of the Din-
gell-Johnson Sport Fish Restoration Act (16 U.S.C. 
777m(e)) is amended by adding at the end the following: 
‘‘(3) A portion, as determined by the Sport 
Fishing and Boating Partnership Council, of funds 
disbursed for the purposes described in paragraph
1288 
(2) but remaining unobligated prior to fiscal year 
2020 shall be used to study— 
‘‘(A) the impact of derelict recreational 
vessels on recreational boating safety and rec-
reational fishing; and 
‘‘(B) identify options and methods for re-
cycling for recreational vessels.’’. 
SEC. 24003. RECREATIONAL BOATING ACCESS. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on recreational boat-
ing access. In carrying out such study, the Comptroller 
General shall consult with the Sport Fishing and Boating 
Partnership Council and the National Boating Safety Ad-
visory Council on the design, scope, and priorities of such 
study. 
(b) CONTENTS.—To the extent practicable, the study 
required under subsection (a) shall contain a description 
of— 
(1) the use of nonmotorized vessels in each 
State and how the increased use of nonmotorized 
vessels is impacting motorized and nonmotorized 
vessel access to waterway entry points; 
(2) recreational fishing and boating user con-
flicts concerning motorized and nonmotorized vessels 
at waterway access points; and
1289 
(3) the use of funds provided under the Dingell- 
Johnson Sport Fish Restoration Act (16 U.S.C. 777 
et seq.) for— 
(A) the sport fish restoration program to 
improve nonmotorized vessel access at waterway 
entry points and the reasons for providing such 
access; and 
(B) the Recreational Boating Safety Pro-
gram funds for nonmotorized boating safety 
programs. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Sport Fishing and Boating Partnership 
Council, the Committees on Natural Resources and Trans-
portation and Infrastructure of the House of Representa-
tives, and the Committees on Commerce, Science, and 
Transportation and Environment and Public Works of the 
Senate a report containing the study required under this 
section. 
(d) STATE DEFINED.—In this section, the term 
‘‘State’’ means any State, the District of Columbia, the 
Commonwealths of Puerto Rico and the Northern Mariana 
Islands, and the territories of Guam, the U.S. Virgin Is-
lands, and American Samoa.
1290 
SEC. 24004. WILDLIFE RESTORATION FUND ADMINISTRA-
TION. 
(a) ALLOCATION AND APPORTIONMENT OF AVAIL-
ABLE AMOUNTS.—Section 4 of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669c), is amended— 
(1) in subsection (a)(1)(B)— 
(A) in clause (i) by striking ‘‘for each of 
fiscal years 2001 and 2002, $9,000,000;’’ and 
inserting the following: ‘‘for fiscal year 2021, 
the sum of— 
‘‘(I) the amount made available 
under this paragraph for the previous 
fiscal year adjusted to reflect the 
change in the Consumer Price Index 
for All Urban Consumers relative to 
such previous fiscal year; and 
‘‘(II) $979,500; and’’; 
(B) by striking clause (ii) and redesig-
nating clause (iii) as clause (ii); and 
(C) in clause (ii), as so redesignated, by 
striking ‘‘fiscal year 2004’’; and 
(2) in subsection (a)(2) by striking ‘‘the end of 
the fiscal year’’ and inserting ‘‘the end of the subse-
quent fiscal year’’.
1291 
(b) AUTHORIZED
EXPENSES
FOR
ADMINISTRA-
TION.—Section 9(a) of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669h(a)) is amended— 
(1) in paragraph (1) by striking ‘‘who directly 
administer this Act on a full-time basis’’ and insert-
ing ‘‘for the work hours such employees spend di-
rectly administering this Act, as such hours are cer-
tified by the supervisor of the employee’’; 
(2) by striking ‘‘paragraphs (1) and (2)’’ and 
inserting ‘‘paragraph (1)’’ each place it appears; 
(3) by striking paragraph (2) and redesignating 
paragraphs (3) through (12) as paragraphs (2) 
through (11), respectively; and 
(4) in paragraph (10), as so redesignated— 
(A) by inserting ‘‘or part-time’’ after ‘‘on 
a full-time’’; and 
(B) by striking ‘‘expenses are incurred’’ 
and inserting ‘‘expenses are incurred, provided 
that the percentage of relocation expenses paid 
such amounts do not exceed the percentage of 
work hours the member of personnel spends ad-
ministering this chapter’’.
1292 
SEC. 24005. SPORT FISH RESTORATION AND BOATING 
TRUST FUND. 
Section 13107(c)(2) of title 46, United States Code, 
is amended by striking ‘‘No funds available’’ and inserting 
‘‘On or after October 1, 2023 no funds available,’’. 
TITLE V—CLIMATE SMART 
PORTS 
SEC. 25001. SHORT TITLE. 
This title may be cited as the ‘‘Climate Smart Ports 
Act’’. 
SEC. 25002. CLIMATE SMART PORTS GRANT PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Section 50302 
of title 46, United States Code, is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) CLIMATE SMART PORTS GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—Not later than 6 
months after the date of enactment of the Climate 
Smart Ports Act, the Secretary shall establish a pro-
gram to award grants to eligible entities to pur-
chase, and as applicable install, zero emissions port 
equipment and technology. 
‘‘(2) PROCEDURAL
SAFEGUARDS.—The Sec-
retary shall issue guidelines to establish appropriate
1293 
accounting, reporting, and review procedures to en-
sure that— 
‘‘(A) grant funds are used for the purposes 
for which those funds were made available; 
‘‘(B) each grantee properly accounts for all 
expenditures of grant funds; and 
‘‘(C) grant funds not used for such pur-
poses and amounts not obligated or expended 
are returned. 
‘‘(3) GRANT CONDITIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
require as a condition of making a grant under 
this subsection that a grantee— 
‘‘(i) maintain such records as the Sec-
retary considers necessary; 
‘‘(ii) make the records described in 
clause (i) available for review and audit by 
the Secretary; and 
‘‘(iii) periodically report to the Sec-
retary such information as the Secretary 
considers necessary to assess progress. 
‘‘(B) REQUIREMENT.—The Secretary shall 
require recipients of assistance under this sub-
section (d) to comply with section 113(a) of 
title 23 with respect to all construction, alter-
1294 
ation, installation, or repair work, in the same 
manner that recipients of assistance under 
chapter 1 of such title are required to comply 
with such section for construction work per-
formed on highway projects on Federal-aid 
highways. With regard to the construction, al-
teration, or repair of vessels, the same require-
ments of such section shall apply regardless of 
whether the location of contract performance is 
known when bids for such work are solicited. 
‘‘(4) PROHIBITED USE.— 
‘‘(A) IN GENERAL.—An eligible entity may 
not use a grant awarded under this subsection 
to purchase or install fully automated cargo 
handling equipment or terminal infrastructure 
that is designed for fully automated cargo han-
dling equipment. 
‘‘(B) HUMAN-OPERATED ZERO EMISSIONS 
PORT EQUIPMENT AND TECHNOLOGY.—Nothing 
in subparagraph (A) prohibits an eligible entity 
from using a grant awarded under this sub-
section to purchase human-operated zero emis-
sions port equipment and technology or infra-
structure that supports such human-operated 
zero emissions port equipment and technology.
1295 
‘‘(5) COST SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an eligible entity may not 
use a grant awarded under this subsection to 
cover more than 70 percent of the cost of pur-
chasing, and as applicable installing, zero emis-
sions port equipment and technology. 
‘‘(B) CERTAIN GRANTS.—With respect to a 
grant in an amount equal to or greater than 
$3,000,000, an eligible entity may use such 
grant to cover not more than 85 percent of the 
cost of purchasing and installing zero emissions 
port equipment and technology if such eligible 
entity certifies to the Secretary that— 
‘‘(i) such grant will be used, at least 
in part, to employ laborers or mechanics to 
install zero emissions port equipment and 
technology; and 
‘‘(ii) such eligible entity is a party to 
a project labor agreement or requires that 
each subgrantee of such eligible entity, and 
any subgrantee thereof at any tier, that 
performs such installation participate in a 
project labor agreement.
1296 
‘‘(6) PROJECT LABOR.—An eligible entity that 
uses a grant awarded under this subsection to install 
zero emissions port equipment and technology shall 
ensure, to the greatest extent practicable, that any 
subgrantee of such eligible entity, and any sub-
grantee thereof at any tier, that carries out such in-
stallation employs laborers or mechanics for such in-
stallation that— 
‘‘(A) are domiciled not further than 50 
miles from such installation; 
‘‘(B) are members of the Armed Forces 
serving on active duty, separated from active 
duty, or retired from active duty; 
‘‘(C) have been incarcerated or served time 
in a juvenile detention facility; or 
‘‘(D) have a disability. 
‘‘(7) APPLICATION.— 
‘‘(A) IN GENERAL.—To be eligible to be 
awarded a grant under this subsection, an eligi-
ble entity shall submit to the Secretary an ap-
plication at such time, in such manner, and 
containing such information as the Secretary 
may require.
1297 
‘‘(B) 
PRIORITY.—The 
Secretary 
shall 
prioritize awarding grants under this subsection 
to eligible entities based on the following: 
‘‘(i) The degree to which the proposed 
use of the grant will— 
‘‘(I) reduce greenhouse gas emis-
sions; 
‘‘(II) reduce emissions of any cri-
teria pollutant and precursor thereof; 
‘‘(III) reduce hazardous air pol-
lutant emissions; and 
‘‘(IV) reduce public health dis-
parities in communities that receive a 
disproportionate quantity of air pollu-
tion from a port. 
‘‘(ii) The amount of matching, non- 
Federal funds expected to be used by an 
applicant to purchase, and as applicable in-
stall, zero emissions port equipment and 
technology. 
‘‘(iii) Whether the applicant will use 
such grant to purchase, and as applicable 
install, zero emissions port equipment and 
technology that is produced in the United 
States.
1298 
‘‘(iv) As applicable, whether the appli-
cant will recruit and retain skilled workers 
through a Department of Labor approved 
or State-approved joint labor management 
apprenticeship program. 
‘‘(8) OUTREACH.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after funds are made available to carry out 
this subsection, the Secretary shall develop and 
carry out an educational outreach program to 
promote and explain the grant program estab-
lished under paragraph (1) to prospective grant 
recipients. 
‘‘(B) PROGRAM
COMPONENTS.—In car-
rying out the outreach program developed 
under subparagraph (A), the Secretary shall— 
‘‘(i) inform prospective grant recipi-
ents how to apply for a grant awarded 
under this subsection; 
‘‘(ii) describe to prospective grant re-
cipients the benefits of available zero emis-
sions port equipment and technology; 
‘‘(iii) explain to prospective grant re-
cipients the benefits of participating in the
1299 
grant program established under this sub-
section; and 
‘‘(iv) facilitate the sharing of best 
practices and lessons learned between 
grant recipients and prospective grant re-
cipients with respect to how to apply for 
and use grants awarded under this sub-
section. 
‘‘(9) REPORTS.— 
‘‘(A) REPORT TO SECRETARY.—Not later 
than 90 days after the date on which an eligible 
entity uses a grant awarded under this sub-
section, such eligible entity shall submit to the 
Secretary a report containing such information 
as the Secretary shall require. 
‘‘(B) BIENNIAL REPORT TO CONGRESS.— 
Not later than January 31, 2021, and bienni-
ally thereafter, the Secretary shall submit to 
Congress and make available on the website of 
the Maritime Administration a report that in-
cludes, with respect to each grant awarded 
under this subsection during the preceding cal-
endar years— 
‘‘(i) the name and location of the eli-
gible entity that was awarded such grant;
1300 
‘‘(ii) the amount of such grant that 
the eligible entity was awarded; 
‘‘(iii) the name and location of the 
port where the zero emissions port equip-
ment and technology that was purchased, 
and as applicable installed, with such grant 
is used; 
‘‘(iv) an estimate of the impact of 
such zero emissions port equipment and 
technology on reducing— 
‘‘(I) greenhouse gas emissions; 
‘‘(II) emissions of criteria pollut-
ants and precursors thereof; 
‘‘(III) hazardous air pollutant 
emissions; and 
‘‘(IV) public health disparities in 
surrounding local communities; and 
‘‘(v) any other information the Sec-
retary determines necessary to understand 
the impact of grants awarded under this 
subsection. 
‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(A) IN GENERAL.—There is authorized to 
be appropriated to carry out this subsection
1301 
$500,000,000 for each of fiscal years 2021 
through 2030. 
‘‘(B) NONATTAINMENT
AREAS.—To the 
extent practicable, at least 25 percent of 
amounts made available to carry out this sub-
section in each fiscal year shall be used to 
award grants to eligible entities to provide zero 
emissions port equipment and technology to 
ports that are in nonattainment areas. 
‘‘(C) ADMINISTRATION.— 
‘‘(i) ADMINISTRATIVE AND OVERSIGHT 
COSTS.—The Secretary may retain not 
more than 2 percent of the amounts appro-
priated for each fiscal year under this sub-
section for the administrative and over-
sight costs incurred by the Secretary to 
carry out this subsection. 
‘‘(ii) AVAILABILITY.— 
‘‘(I) IN GENERAL.—Amounts ap-
propriated for carrying out this sub-
section shall remain available until ex-
pended. 
‘‘(II) UNEXPENDED
FUNDS.— 
Amounts awarded as a grant under 
this subsection that are not expended
1302 
by the grantee during the 5-year pe-
riod following the date of the award 
shall remain available to the Secretary 
for use for grants under this sub-
section in a subsequent fiscal year. 
‘‘(11) DEFINITIONS.—In this subsection: 
‘‘(A) ACTIVE
DUTY.—The term ‘active 
duty’ has the meaning given such term in sec-
tion 101 of title 10, United States Code. 
‘‘(B) ALTERNATIVE
EMISSIONS
CONTROL 
TECHNOLOGY.—The term ‘alternative emissions 
control technology’ means a technology, tech-
nique, or measure that— 
‘‘(i) captures the emissions of nitrogen 
oxide, particulate matter, reactive organic 
compounds, and greenhouse gases from the 
auxiliary engine and auxiliary boiler of an 
ocean-going vessel at berth; 
‘‘(ii) is verified or approved by a State 
or Federal air quality regulatory agency; 
‘‘(iii) the use of which achieves at 
least the equivalent reduction of emissions 
as the use of shore power for an ocean- 
going vessel at berth;
1303 
‘‘(iv) the use of which results in re-
ducing emissions of the auxiliary engine of 
an ocean-going vessel at berth to a rate of 
less than— 
‘‘(I) 2.8 g/kW-hr for nitrogen 
oxide; 
‘‘(II) 0.03 g/kW-hr for particu-
late matter 2.5; and 
‘‘(III) 0.1 g/kW-hr for reactive 
organic compounds; and 
‘‘(v) reduces the emissions of the aux-
iliary engine and boiler of an ocean-going 
vessel at berth by at least 80 percent of 
the default emissions rate, which is 13.8 g. 
‘‘(C) CRITERIA
POLLUTANT.—The term 
‘criteria pollutant’ means each of the following: 
‘‘(i) Ground-level ozone. 
‘‘(ii) Particulate matter. 
‘‘(iii) Carbon monoxide. 
‘‘(iv) Lead. 
‘‘(v) Sulfur dioxide. 
‘‘(vi) Nitrogen dioxide. 
‘‘(D) DISTRIBUTED ENERGY RESOURCE.—
1304 
‘‘(i) IN GENERAL.—The term ‘distrib-
uted energy resource’ means an energy re-
source that— 
‘‘(I) is located on or near a cus-
tomer site; 
‘‘(II) is operated on the customer 
side of the electric meter; and 
‘‘(III) is interconnected with the 
electric grid. 
‘‘(ii) INCLUSIONS.—The term ‘distrib-
uted energy resource’ includes— 
‘‘(I) clean electric generation; 
‘‘(II) customer electric efficiency 
measures; 
‘‘(III) electric demand flexibility; 
and 
‘‘(IV) energy storage. 
‘‘(E) ELIGIBLE ENTITY.—The term ‘eligi-
ble entity’ means— 
‘‘(i) a port authority; 
‘‘(ii) a State, regional, local, or Tribal 
agency that has jurisdiction over a port au-
thority or a port; 
‘‘(iii) an air pollution control district 
or air quality management district; or
1305 
‘‘(iv) a private or nonprofit entity, ap-
plying for a grant awarded under this sub-
section in collaboration with another entity 
described in clauses (i) through (iii), that 
owns or uses cargo or transportation 
equipment at a port. 
‘‘(F) ENERGY
STORAGE
SYSTEM.—The 
term ‘energy storage system’ means a system, 
equipment, facility, or technology that— 
‘‘(i) is capable of absorbing energy, 
storing energy for a period of time, and 
dispatching the stored energy; and 
‘‘(ii) uses a mechanical, electrical, 
chemical, electrochemical, or thermal proc-
ess to store energy that— 
‘‘(I) was generated at an earlier 
time for use at a later time; or 
‘‘(II) was generated from a me-
chanical process, and would otherwise 
be wasted, for delivery at a later time. 
‘‘(G) FULLY
AUTOMATED
CARGO
HAN-
DLING EQUIPMENT.—The term ‘fully automated 
cargo handling equipment’ means cargo han-
dling equipment that—
1306 
‘‘(i) is remotely operated or remotely 
monitored; and 
‘‘(ii) with respect to the use of such 
equipment, does not require the exercise of 
human intervention or control. 
‘‘(H) NONATTAINMENT AREA.—The term 
‘nonattainment area’ has the meaning given 
such term in section 171 of the Clean Air Act 
(42 U.S.C. 7501). 
‘‘(I) PORT.—The term ‘port’ includes a 
maritime port and an inland port. 
‘‘(J) PORT AUTHORITY.—The term ‘port 
authority’ means a governmental or quasi-gov-
ernmental authority formed by a legislative 
body to operate a port. 
‘‘(K) PROJECT LABOR AGREEMENT.—The 
term ‘project labor agreement’ means a pre-hire 
collective bargaining agreement with one or 
more labor organization that establishes the 
terms and conditions of employment for a spe-
cific construction project and is described in 
section 8(f) of the National Labor Relations 
Act (29 U.S.C. 158(f)). 
‘‘(L) APPRENTICESHIP
PROGRAM.—The 
term ‘apprenticeship program’ means an ap-
1307 
prenticeship program registered under the Act 
of August 16, 1937 (commonly known as the 
‘National Apprenticeship Act’; 50 Stat. 664, 
chapter 663; 29 U.S.C. 50 et seq.), including 
any requirement, standard, or rule promulgated 
under such Act, as such requirement, standard, 
or rule was in effect on December 30, 2019. 
‘‘(M) SHORE
POWER.—The term ‘shore 
power’ means the provision of shoreside elec-
trical power to a ship at berth that has shut 
down main and auxiliary engines. 
‘‘(N) STATE APPRENTICESHIP AGENCY.— 
The term ‘State Apprenticeship Agency’ has the 
meaning given such term in section 29.2 of title 
29, Code of Federal Regulations (as in effect on 
January 1, 2020). 
‘‘(O) ZERO EMISSIONS PORT EQUIPMENT 
AND TECHNOLOGY.— 
‘‘(i) IN
GENERAL.—The term ‘zero 
emissions port equipment and technology’ 
means equipment and technology, includ-
ing the equipment and technology de-
scribed in clause (ii), that— 
‘‘(I) is used at a port; and
1308 
‘‘(II)(aa) produces zero exhaust 
emissions of— 
‘‘(AA) any criteria pollutant 
and precursor thereof; and 
‘‘(BB) any greenhouse gas, 
other than water vapor; or 
‘‘(bb) captures 100 percent of the 
exhaust emissions produced by an 
ocean-going vessel at berth. 
‘‘(ii) EQUIPMENT
AND
TECHNOLOGY 
DESCRIBED.—The equipment and tech-
nology described in this clause is the fol-
lowing: 
‘‘(I) Any equipment that handles 
cargo. 
‘‘(II) A drayage truck that trans-
ports cargo. 
‘‘(III) A train that transports 
cargo. 
‘‘(IV) Port harbor craft. 
‘‘(V) A distributed energy re-
source. 
‘‘(VI) An energy storage system. 
‘‘(VII) Electrical charging infra-
structure.
1309 
‘‘(VIII) Shore power or an alter-
native emissions control technology. 
‘‘(IX) An electric transport re-
frigeration unit.’’. 
(b) TECHNICAL ASSISTANCE.—Paragraph (3) of sub-
section (e) of section 50302 of title 46, United States 
Code, as redesignated by subsection (a)(1) of this section, 
is amended— 
(1) by inserting ‘‘or (d)’’ after ‘‘subsection (c)’’; 
and 
(2) by striking ‘‘such’’. 
SEC. 25003. ENERGY POLICY ACT OF 2005 AUTHORIZATION 
OF APPROPRIATIONS FOR PORT AUTHORI-
TIES. 
Section 797 of the Energy Policy Act of 2005 (42 
U.S.C. 16137) is amended by adding at the end the fol-
lowing: 
‘‘(c) PORT AUTHORITIES.—There is authorized to be 
appropriated $50,000,000 for each of fiscal years 2021 
through 2025 to award grants, rebates, or loans, under 
section 792, to eligible entities to carry out projects that 
reduce emissions at ports.’’.
1310 
TITLE VI—OTHER MATTERS 
SEC. 26001. WASTEWATER DRUG TESTING PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Administrator of the En-
vironmental Protection Agency shall establish a pilot pro-
gram to provide funding to States to incorporate waste-
water testing for drugs at municipal wastewater treatment 
plants in order to monitor drug consumption and detect 
new drug use more quickly and in a more specific geo-
graphic region than methods currently in use. 
(b) SELECTION.—In carrying out the pilot program 
established under subsection (a), the Administrator shall, 
subject to appropriations, select five States to each receive 
$1,000,000 in each of fiscal years 2022 through 2024 to 
provide funding to municipal wastewater treatment plants 
to incorporate testing for drugs into their routine waste-
water testing protocol. 
(c) REQUIREMENTS.—A State receiving funds pursu-
ant to the pilot program shall— 
(1) provide funding to municipal wastewater 
treatment plants to collect and test water samples; 
(2) facilitate a partnership between local health 
departments and municipal wastewater treatment 
plants; and 
(3) provide not less than 10 percent of the 
funds to applicable local health departments to de-
1311 
velop public health interventions to respond to drug 
use in the community, as indicated by testing re-
sults. 
(d) ANALYSES.—A State receiving funds pursuant to 
the pilot program may use a portion of the funding to 
have test results analyzed, including to develop estimates 
of how many doses of a drug have been consumed and 
to track results over time. The State shall report such 
analyses to the local and State health departments and 
to the Centers for Disease Control and Prevention. 
(e) REPORTS.— 
(1) STATE REPORTS.—Not later than 90 days 
after the end of the pilot program, each State that 
received funds shall submit a report to the Commit-
tees on Energy and Commerce and Transportation 
and Infrastructure of the House of Representatives, 
the Committees on Health, Education, Labor, and 
Pensions and Environment and Public Works of the 
Senate, and the Centers for Disease Control and 
Prevention that includes each year’s final budget, an 
explanation of how the program was established, 
what information the wastewater testing provided 
and whether findings were in line with other drug 
surveillance strategies, the usefulness of testing as 
an evaluation strategy for policy change and public
1312 
health interventions, challenges encountered, and 
recommendations for responsible data use and main-
taining privacy. 
(2) CDC REPORT.—Not later than 180 days 
after the end of the pilot program, the Centers for 
Disease Control and Prevention shall submit a re-
port to Congress analyzing the reports submitted 
under paragraph (1) and detailing best practices for 
implementing wastewater testing and using the re-
sults to inform public health interventions. 
(f) RESTRICTIONS.— 
(1) COLLECTION.—A State receiving funds pur-
suant to the pilot program may not use such funds 
to collect water samples from any location other 
than a municipal wastewater treatment plant. 
(2) DISCLOSURE.—Analyses of samples col-
lected pursuant to this section may not be disclosed 
to any entity other than the applicable State and 
local health departments and the Centers for Dis-
ease Control and Prevention. 
(3) REPORTS.—Any information relating to 
sample analyses included in a report submitted 
under subsection (e) shall not be made public.
1313 
TITLE VII—NEW RIVER 
RESTORATION 
SEC. 27001. SHORT TITLE. 
This title may be cited as the ‘‘California New River 
Restoration Act of 2020’’. 
SEC. 27002. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) MEXICAN.—The term ‘‘Mexican’’ refers to 
the Federal, State, and local governments of the 
United Mexican States. 
(3) NEW
RIVER.—The term ‘‘New River’’ 
means that portion of the New River, California, 
that flows north within the United States from the 
border of Mexico through Calexico, California, 
passes through the Imperial Valley, and drains into 
the Salton Sea. 
(4) PROGRAM.—The term ‘‘program’’ means 
the California New River restoration program estab-
lished under section 27003. 
(5) RESTORATION
AND
PROTECTION.—The 
term ‘‘restoration and protection’’ means the con-
servation, stewardship, and enhancement of habitat
1314 
for fish and wildlife to preserve and improve eco-
systems and ecological processes on which they de-
pend. 
SEC. 27003. CALIFORNIA NEW RIVER RESTORATION PRO-
GRAM ESTABLISHMENT. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Administrator shall 
establish a program to be known as the ‘‘California New 
River restoration program’’. 
(b) DUTIES.—In carrying out the program, the Ad-
ministrator shall— 
(1) implement projects, plans, and initiatives 
for the restoration and protection of the New River 
that are supported by the California-Mexico Border 
Relations Council, in consultation with applicable 
management entities, including representatives of 
the Calexico New River Committee, the California- 
Mexico Border Relations Council, the New River Im-
provement Project Technical Advisory Committee, 
the Federal Government, State and local govern-
ments, and regional and nonprofit organizations; 
(2) undertake activities that— 
(A) support the implementation of a 
shared set of science-based restoration and pro-
1315 
tection activities identified in accordance with 
paragraph (1); 
(B) target cost-effective projects with 
measurable results; and 
(C) maximize conservation outcomes with 
no net gain of Federal full-time equivalent em-
ployees; and 
(3) provide grants and technical assistance in 
accordance with section 27004. 
(c) COORDINATION.—In establishing the program, 
the Administrator shall consult, as appropriate, with— 
(1) the heads of Federal agencies, including— 
(A) the Secretary of the Interior; 
(B) the Secretary of Agriculture; 
(C) the Secretary of Homeland Security; 
(D) the Administrator of General Services; 
(E) the Commissioner of U.S. Customs 
and Border Protection; 
(F) the Commissioner of the International 
Boundary Water Commission; and 
(G) the head of any other applicable agen-
cy; 
(2) the Governor of California; 
(3) the California Environmental Protection 
Agency;
1316 
(4) the California State Water Resources Con-
trol Board; 
(5) the California Department of Water Re-
sources; 
(6) the Colorado River Basin Regional Water 
Quality Control Board; 
(7) the Imperial Irrigation District; and 
(8) other public agencies and organizations with 
authority for the planning and implementation of 
conservation strategies relating to the New River. 
(d) PURPOSES.—The purposes of the program in-
clude— 
(1) coordinating restoration and protection ac-
tivities, among Mexican, Federal, State, local, and 
regional entities and conservation partners, relating 
to the New River; and 
(2) carrying out coordinated restoration and 
protection activities, and providing for technical as-
sistance relating to the New River— 
(A) to sustain and enhance fish and wild-
life habitat restoration and protection activities; 
(B) to improve and maintain water quality 
to support fish and wildlife, as well as the habi-
tats of fish and wildlife;
1317 
(C) to sustain and enhance water manage-
ment for volume and flood damage mitigation 
improvements to benefit fish and wildlife habi-
tat; 
(D) to improve opportunities for public ac-
cess to, and recreation in and along, the New 
River consistent with the ecological needs of 
fish and wildlife habitat; 
(E) to maximize the resilience of natural 
systems and habitats under changing watershed 
conditions; 
(F) to engage the public through outreach, 
education, and citizen involvement, to increase 
capacity and support for coordinated restora-
tion and protection activities relating to the 
New River; 
(G) to increase scientific capacity to sup-
port the planning, monitoring, and research ac-
tivities necessary to carry out coordinated res-
toration and protection activities; and 
(H) to provide technical assistance to carry 
out restoration and protection activities relating 
to the New River.
1318 
SEC. 27004. GRANTS AND ASSISTANCE. 
(a) IN GENERAL.—In carrying out the program, the 
Administrator shall provide grants and technical assist-
ance to State and local governments, nonprofit organiza-
tions, and institutions of higher education, to carry out 
the purposes of the program. 
(b) CRITERIA.—The Administrator, in consultation 
with the organizations described in section 27003(c), shall 
develop criteria for providing grants and technical assist-
ance under this section to ensure that such activities ac-
complish one or more of the purposes identified in section 
27003(d)(2). 
(c) COST SHARING.— 
(1) FEDERAL SHARE.—The Federal share of 
the cost of a project for which a grant is provided 
under this section shall not exceed 55 percent of the 
total cost of the activity, as determined by the Ad-
ministrator. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of a project for which a grant is 
provided under this section may be provided in the 
form of an in-kind contribution of services or mate-
rials that the Administrator determines are integral 
to the activity carried out using assistance author-
ized by this title.
1319 
(d) REQUIREMENTS.—Sections 513 and 608 of the 
Federal Water Pollution Control Act (33 U.S.C. 1372; 
1388) shall apply to the construction of any project or 
activity carried out, in whole or in part, under this title 
in the same manner those sections apply to a treatment 
works for which a grant is made available under the Fed-
eral Water Pollution Control Act. 
(e) ADMINISTRATION.—The Administrator may enter 
into an agreement to manage the implementation of this 
section with the North American Development Bank or 
a similar organization that offers grant management serv-
ices. 
SEC. 27005. ANNUAL REPORTS. 
Not later than 180 days after the date of enactment 
of this Act, and annually thereafter, the Administrator 
shall submit to Congress a report on the implementation 
of this title, including a description of each project that 
has received funding under this title and the status of all 
such projects that are in progress on the date of submis-
sion of the report. 
TITLE VIII—OTHER MATTERS 
SEC. 28001. COVID–19 WASTEWATER SURVEILLANCE RE-
SEARCH PROGRAM. 
(a) FINDINGS.—Congress finds the following:
1320 
(1) Wastewater surveillance of COVID–19 is a 
rapidly evolving area of research that holds great 
promise as an early, cost-effective, unbiased commu-
nity-level indicator of the presence of COVID–19. 
(2) Use of wastewater surveillance to assess in-
creasing trends in the occurrence of COVID–19, es-
pecially in early detection, has been successfully 
demonstrated, however, additional research may help 
shed light on other areas where this tool can be 
helpful in providing useful information to public 
health and elected officials responding to the 
COVID–19 pandemic. 
(b) GRANTS.—The Administrator of the Environ-
mental Protection Agency shall establish a program to 
award research grants to eligible entities to investigate the 
use of wastewater surveillance of the genetic signal of 
SARS CoV–2 as an indicator of the distribution of 
COVID–19 in communities. 
(c) ELIGIBLE ENTITIES.—Entities eligible to receive 
a grant under this section include wastewater utilities (in-
cluding those that receive funding through a State water 
pollution control revolving fund established pursuant to 
title VI of the Federal Water Pollution Control Act), insti-
tutions of higher education, and public-private consortia 
focused on water research and technology.
1321 
(d) REQUIREMENTS.—In carrying out subsection (b), 
the Administrator, in consultation with wastewater offi-
cials and public health officials, shall— 
(1) develop recommendations for— 
(A) sample plan design, sample collection, 
and sample preservation; and 
(B) consistent data collection practices and 
documentation that would allow data com-
parability; 
(2) support greater coordination in research to 
help better understand and address knowledge gaps; 
(3) support effective communication with the 
public, public health officials, elected officials, waste-
water professionals, and the media, on the results of 
any wastewater surveillance for tracking trends re-
lating to COVID–19; and 
(4) carry out such other activities as the Ad-
ministrator determines appropriate. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for fiscal years 2021 
and 2022 such sums as may be necessary to carry out 
this section.
1322 
TITLE IX—OTHER MATTERS 
SEC. 29001. SMART WATER INFRASTRUCTURE INVESTMENT 
GRANTS. 
Title II of the Federal Water Pollution Control Act 
(33 U.S.C. 1281 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 222. SMART WASTEWATER INFRASTRUCTURE TECH-
NOLOGY. 
‘‘(a) POLICY.—It is the policy of the United States 
to support the modernization of the Nation’s publicly 
owned treatment works to maintain reliable and affordable 
water quality infrastructure that addresses demand im-
pacts, including resiliency to improve public health and 
natural resources. 
‘‘(b) GRANTS.— 
‘‘(1) GRANTS
TO
TREATMENT
WORKS.—The 
Administrator shall make direct grants to owners 
and operators of publicly owned treatment works for 
planning, design, construction, and operations train-
ing of— 
‘‘(A) intelligent wastewater collection sys-
tems and stormwater management operations, 
including technologies that rely on— 
‘‘(i) real-time monitoring, embedded 
intelligence, and predictive maintenance ca-
1323 
pabilities that improve the energy effi-
ciency, reliability, and resiliency of waste-
water pumping systems; 
‘‘(ii) real-time sensors that provide 
continuous monitoring of wastewater col-
lection system water quality to support the 
optimization of stormwater and wastewater 
collection systems, with a priority for water 
quality impacts; and 
‘‘(iii) the use of artificial intelligence 
and other intelligent optimization tools 
that reduce operational costs, including 
operational costs relating to energy con-
sumption and chemical treatment; and 
‘‘(B) innovative and alternative combined 
sewer and stormwater control projects, includ-
ing groundwater banking, that rely upon real- 
time data acquisition to support predictive aqui-
fer 
recharge 
through 
water 
reuse 
and 
stormwater management capabilities. 
‘‘(2) RURAL
COMMUNITIES
SET-ASIDE.—Of 
amounts appropriated pursuant to subsection (h), 
the Administrator use not more than 20 percent to 
make grants to communities with populations not 
greater than 10,000.
1324 
‘‘(c) COST-SHARE.—The non-Federal share of the 
costs of an activity carried out using a grant under sub-
section (b) shall be 25 percent. 
‘‘(d) EXCEPTION.—The Administrator may waive the 
cost-share requirement of subsection (c) if the Adminis-
trator determines such cost-share would be financially un-
reasonable due to a community’s ability to comply with 
such cost-share requirement. 
‘‘(e) PROGRAM IMPLEMENTATION.— 
‘‘(1) GUIDANCE.—Not later than 30 days after 
the date of enactment of this section, the Adminis-
trator shall issue guidance to owners and operators 
of publicly owned treatment works on how to apply 
for assistance. 
‘‘(2) DECISION
ON
APPLICATIONS.—The Ad-
ministrator shall make a determination of whether 
to make a grant to an applicant within 30 days of 
receipt of an application. In the case that the Ad-
ministrator determines an application is deficient, 
the applicant shall be advised of any such defi-
ciencies and provided the opportunity to resubmit 
the application. 
‘‘(3) DISBURSEMENT.—A grant shall be made 
not later than 60 days after the date on which the 
Administrator approves an application.
1325 
‘‘(f) COMPLIANCE WITH BUY AMERICA.—The re-
quirements of section 608 shall apply to funds granted 
under this section. 
‘‘(g) REPORT TO CONGRESS.—Not later than 180 
days after the date of enactment of this subsection, and 
annually thereafter, the Administrator shall submit to 
Congress a report describing projects funded under this 
section, results in improving the resiliency of publicly 
owned treatment works, and recommendations to improve 
the achievement of the program’s policy. For purposes of 
the first report to Congress, the Administrator shall report 
on the program’s implementation, including a description 
of projects approved and those disapproved. In providing 
such information, the Administrator shall detail the rea-
sons that a project was not awarded assistance. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $500,000,000 to carry 
out this section, to remain available until expended.’’. 
DIVISION G—ENERGY AND 
COMMERCE 
TITLE I—BROADBAND 
INFRASTRUCTURE 
SEC. 31001. DEFINITIONS. 
In this title:
1326 
(1) AGING INDIVIDUAL.—The term ‘‘aging indi-
vidual’’ has the meaning given the term ‘‘older indi-
vidual’’ in section 102 of the Older Americans Act 
of 1965 (42 U.S.C. 3002). 
(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Appropriations of 
the Senate; 
(B) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(C) the Committee on Appropriations of 
the House of Representatives; and 
(D) the Committee on Energy and Com-
merce of the House of Representatives. 
(3) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(5) COVERED HOUSEHOLD.—The term ‘‘covered 
household’’ means a household the income of which 
does not exceed 150 percent of the poverty thresh-
old, as determined by using criteria of poverty estab-
1327 
lished by the Bureau of the Census, for a household 
of the size involved. 
(6) COVERED POPULATIONS.—The term ‘‘cov-
ered populations’’ means— 
(A) individuals who are members of cov-
ered households; 
(B) aging individuals; 
(C) incarcerated individuals, other than in-
dividuals who are incarcerated in a Federal cor-
rectional facility (including a private facility op-
erated under contract with the Federal Govern-
ment); 
(D) veterans; 
(E) individuals with disabilities; 
(F) individuals with a language barrier, in-
cluding individuals who— 
(i) are English learners; or 
(ii) have low levels of literacy; 
(G) individuals who are members of a ra-
cial or ethnic minority group; and 
(H) individuals who primarily reside in a 
rural area. 
(7) DIGITAL LITERACY.—The term ‘‘digital lit-
eracy’’ means the skills associated with using tech-
1328 
nology to enable users to find, evaluate, organize, 
create, and communicate information. 
(8) DISABILITY.—The term ‘‘disability’’ has the 
meaning given the term in section 3 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
(9) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ has the meaning given the term ‘‘agency’’ 
in section 551 of title 5, United States Code. 
(10) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4(e) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304(e)). 
(11) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’— 
(A) has the meaning given the term in sec-
tion 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001); and 
(B) includes a postsecondary vocational in-
stitution. 
(12) POSTSECONDARY
VOCATIONAL
INSTITU-
TION.—The term ‘‘postsecondary vocational institu-
tion’’ has the meaning given the term in section 
102(c) of the Higher Education Act of 1965 (20 
U.S.C. 1002(c)).
1329 
(13) RURAL AREA.—The term ‘‘rural area’’ has 
the meaning given the term in section 13 of the 
Rural Electrification Act of 1936 (7 U.S.C. 913). 
(14) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
(15) VETERAN.—The term ‘‘veteran’’ has the 
meaning given the term in section 101 of title 38, 
United States Code. 
SEC. 31002. SENSE OF CONGRESS. 
(a) IN GENERAL.—It is the sense of Congress that— 
(1) a broadband service connection and digital 
literacy are increasingly critical to how individuals— 
(A) participate in the society, economy, 
and civic institutions of the United States; and 
(B) access health care and essential serv-
ices, obtain education, and build careers; 
(2) digital exclusion— 
(A) carries a high societal and economic 
cost; 
(B) materially harms the opportunity of an 
individual with respect to the economic success, 
educational achievement, positive health out-
comes, social inclusion, and civic engagement of 
that individual;
1330 
(C) materially harms the opportunity of 
areas where it is especially widespread with re-
spect to economic success, educational achieve-
ment, positive health outcomes, social cohesion, 
and civic institutions; and 
(D) exacerbates existing wealth and income 
gaps, especially those experienced by covered 
populations and between regions; 
(3) achieving accessible and affordable access to 
broadband service, as well as digital literacy, for all 
people of the United States requires additional and 
sustained research efforts and investment; 
(4) the Federal Government, as well as State, 
Tribal, and local governments, have made social, 
legal, and economic obligations that necessarily ex-
tend to how the citizens and residents of those gov-
ernments access and use the internet; and 
(5) achieving accessible and affordable access to 
broadband service is a matter of social and economic 
justice and is worth pursuing. 
(b) BROADBAND SERVICE DEFINED.—In this sec-
tion, the term ‘‘broadband service’’ has the meaning given 
the term ‘‘broadband internet access service’’ in section 
8.1(b) of title 47, Code of Federal Regulations, or any 
successor regulation.
1331 
SEC. 31003. SEVERABILITY. 
If any provision of this title, an amendment made by 
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be invalid, 
the remainder of this title and the amendments made by 
this title, and the application of such provision or amend-
ment to any other person or circumstance, shall not be 
affected thereby. 
Subtitle A—Digital Equity 
SEC. 31100. DEFINITIONS. 
In this subtitle: 
(1) ADOPTION OF BROADBAND SERVICE.—The 
term ‘‘adoption of broadband service’’ means the 
process by which an individual obtains daily access 
to broadband service— 
(A) with a download speed of at least 25 
megabits per second, an upload speed of at 
least 3 megabits per second, and a latency that 
is sufficiently low to allow real-time, interactive 
applications; 
(B) with the digital skills that are nec-
essary for the individual to participate online; 
and 
(C) on a— 
(i) personal device; and 
(ii) secure and convenient network.
1332 
(2) ANCHOR INSTITUTION.—The term ‘‘anchor 
institution’’ means a public or private school, a li-
brary, a medical or healthcare provider, a museum, 
a public safety entity, a public housing agency, a 
community college, an institution of higher edu-
cation, a religious organization, or any other com-
munity support organization or agency. 
(3) ASSISTANT SECRETARY.—Except in section 
31101, the term ‘‘Assistant Secretary’’ means the 
Assistant Secretary, acting through the Office. 
(4) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’ has the meaning given the term 
‘‘broadband internet access service’’ in section 8.1(b) 
of title 47, Code of Federal Regulations, or any suc-
cessor regulation. 
(5) COVERED PROGRAMS.—The term ‘‘covered 
programs’’ means the State Digital Equity Capacity 
Grant Program established under section 31121 and 
the Digital Equity Competitive Grant Program es-
tablished under section 31122. 
(6) DIGITAL EQUITY.—The term ‘‘digital eq-
uity’’ means the condition in which individuals and 
communities have the information technology capac-
ity that is needed for full participation in the society 
and economy of the United States.
1333 
(7) DIGITAL INCLUSION ACTIVITIES.—The term 
‘‘digital inclusion activities’’— 
(A) means the activities that are necessary 
to ensure that all individuals in the United 
States have access to, and the use of, affordable 
information and communication technologies, 
such as— 
(i) reliable broadband service; 
(ii) internet-enabled devices that meet 
the needs of the user; and 
(iii) applications and online content 
designed to enable and encourage self-suf-
ficiency, participation, and collaboration; 
and 
(B) includes— 
(i) the provision of digital literacy 
training; 
(ii) the provision of quality technical 
support; and 
(iii) promoting basic awareness of 
measures to ensure online privacy and cy-
bersecurity. 
(8) ELIGIBLE
STATE.—The term ‘‘eligible 
State’’ means—
1334 
(A) with respect to planning grants made 
available under section 31121(c)(3), a State 
with respect to which the Assistant Secretary 
has approved an application submitted to the 
Assistant 
Secretary 
under 
section 
31121(c)(3)(C); and 
(B) with respect to capacity grants award-
ed under section 31121(d), a State with respect 
to which the Assistant Secretary has approved 
an application submitted to the Assistant Sec-
retary under section 31121(d)(2), including ap-
proval of the State Digital Equity Plan devel-
oped by the State under section 31121(c). 
(9) FEDERAL
BROADBAND
SERVICE
SUPPORT 
PROGRAM.—The term ‘‘Federal broadband service 
support program’’ does not include any Universal 
Service Fund program and means any of the fol-
lowing programs (or any other similar Federal pro-
gram) to the extent the program offers broadband 
service or programs for promoting access to 
broadband service and adoption of broadband service 
for various demographic communities through var-
ious media for residential, commercial, or community 
providers or anchor institutions:
1335 
(A) The Telecommunications and Tech-
nology Program of the Appalachian Regional 
Commission. 
(B) The Telecommunications Infrastruc-
ture Loans and Loan Guarantees, the Rural 
Broadband Access Loans and Loan Guarantees, 
the Substantially Underserved Trust Areas Pro-
visions, the Community Connect Grant Pro-
gram, and the Distance Learning and Tele-
medicine Grant Program of the Rural Utilities 
Service of the Department of Agriculture. 
(C) The Public Works and Economic Ad-
justment Assistance Programs and the Plan-
ning and Local Technical Assistance Programs 
of the Economic Development Administration of 
the Department of Commerce. 
(D) The Community Development Block 
Grants and Section 108 Loan Guarantees, the 
Funds for Public Housing Authorities: Capital 
Fund and Operating Fund, the Multifamily 
Housing, the Indian Community Development 
Block Grant Program, the Indian Housing 
Block Grant Program, the Title VI Loan Guar-
antee Program, Choice Neighborhoods, the 
HOME Investment Partnerships Program, the
1336 
Housing Trust Fund, and the Housing Oppor-
tunities for Persons with AIDS of the Depart-
ment of Housing and Urban Development. 
(E) The American Job Centers of the Em-
ployment and Training Administration of the 
Department of Labor. 
(F) The Library Services and Technology 
Grant Programs of the Institute of Museum 
and Library Services. 
(G) The State Digital Equity Capacity 
Grant 
Program 
established 
under 
section 
31121. 
(H) The Digital Equity Competitive Grant 
Program established under section 31122. 
(I) The program established under section 
723 of the Communications Act of 1934 (relat-
ing to expansion of access to broadband service 
for unserved areas, areas with low-tier service, 
areas with mid-tier service, and unserved an-
chor institutions), as added by section 31301. 
(J) The broadband infrastructure finance 
and innovation program established under chap-
ter 2 of subtitle C.
1337 
(10) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ has the meaning given the term in section 
249(c) of title 18, United States Code. 
(11) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101(30) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801(30)). 
(12) MEDICAID ENROLLEE.—The term ‘‘Med-
icaid enrollee’’ means, with respect to a State, an in-
dividual enrolled in the State plan under title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.) 
or a waiver of that plan. 
(13) 
NATIONAL
LIFELINE
ELIGIBILITY 
VERIFIER.—The term ‘‘National Lifeline Eligibility 
Verifier’’ has the meaning given such term in section 
54.400 of title 47, Code of Federal Regulations (or 
any successor regulation). 
(14) NATIVE
HAWAIIAN
ORGANIZATION.—The 
term ‘‘Native Hawaiian organization’’ means any or-
ganization— 
(A) that serves the interests of Native Ha-
waiians; 
(B) in which Native Hawaiians serve in 
substantive and policymaking positions;
1338 
(C) that has as a primary and stated pur-
pose the provision of services to Native Hawai-
ians; and 
(D) that is recognized for having expertise 
in Native Hawaiian affairs, digital connectivity, 
or access to broadband service. 
(15) OFFICE.—The term ‘‘Office’’ means the 
Office of Internet Connectivity and Growth estab-
lished pursuant to section 31101. 
(16) PUBLIC
HOUSING
AGENCY.—The term 
‘‘public housing agency’’ has the meaning given the 
term in section 3(b) of the United States Housing 
Act of 1937 (42 U.S.C. 1437a(b)). 
(17) SNAP PARTICIPANT.—The term ‘‘SNAP 
participant’’ means an individual who is a member 
of a household that participates in the supplemental 
nutrition assistance program under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). 
(18) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED SMALL BUSINESS CONCERN.—The term ‘‘so-
cially and economically disadvantaged small business 
concern’’ has the meaning given the term in section 
8(a)(4) of the Small Business Act (15 U.S.C. 
637(a)(4)).
1339 
(19) TRIBALLY
DESIGNATED
ENTITY.—The 
term ‘‘tribally designated entity’’ means an entity 
designated by an Indian Tribe to carry out activities 
under this subtitle. 
(20) UNIVERSAL SERVICE FUND PROGRAM.— 
The term ‘‘Universal Service Fund program’’ means 
any program authorized under section 254 of the 
Communications Act of 1934 (47 U.S.C. 254), to 
the extent such program provides support for 
broadband service deployment. 
(21) UNIVERSAL
SERVICE
MECHANISM.—The 
term ‘‘universal service mechanism’’ means any 
funding stream provided by a Universal Service 
Fund program to support broadband service deploy-
ment. 
(22) WORKFORCE DEVELOPMENT PROGRAM.— 
The term ‘‘workforce development program’’ has the 
meaning given the term in section 3 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3102).
1340 
CHAPTER 1—OFFICE OF INTERNET 
CONNECTIVITY AND GROWTH 
SEC. 31101. ESTABLISHMENT OF THE OFFICE OF INTERNET 
CONNECTIVITY AND GROWTH. 
Not later than 180 days after the date of the enact-
ment of this Act, the Assistant Secretary shall establish 
the Office of Internet Connectivity and Growth within the 
National Telecommunications and Information Adminis-
tration. 
SEC. 31102. DUTIES. 
(a) OUTREACH.—The Office shall— 
(1) connect with communities that need access 
to broadband service and improved digital inclusion 
activities through various forms of outreach and 
communication techniques; 
(2) hold regional workshops across the country 
to share best practices and effective strategies for 
promoting access to broadband service and adoption 
of broadband service; 
(3) develop targeted broadband service training 
and presentations for various demographic commu-
nities through various media; and 
(4) develop and distribute publications (includ-
ing toolkits, primers, manuals, and white papers) 
providing guidance, strategies, and insights to com-
1341 
munities as the communities develop strategies to 
expand access to broadband service and adoption of 
broadband service. 
(b) TRACKING OF FEDERAL DOLLARS.— 
(1) BROADBAND SERVICE INFRASTRUCTURE.— 
The Office shall track the construction and use of 
and access to any broadband service infrastructure 
built using any Federal support in a central data-
base. 
(2) ACCOUNTING
MECHANISM.—The Office 
shall develop a streamlined accounting mechanism 
by which any Federal agency offering a Federal 
broadband service support program, and the Com-
mission with respect to the Universal Service Fund 
programs, shall provide the information described in 
paragraph (1) in a standardized and efficient fash-
ion. 
(3) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, and every year 
thereafter, the Office shall make public on the 
website of the Office and submit to the Committee 
on Energy and Commerce of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
on the following:
1342 
(A) A description of the work of the Office 
for the previous year and the number of resi-
dents of the United States that received 
broadband 
service 
as 
result 
of 
Federal 
broadband service support programs and the 
Universal Service Fund programs. 
(B) A description of how many residents of 
the United States were provided broadband 
service by which universal service mechanism or 
which Federal broadband service support pro-
gram. 
(C) An estimate of the economic impact of 
such broadband service deployment efforts on 
the local economy, including any effect on small 
businesses or jobs. 
(D) A description of any non-economic 
benefits of such broadband service deployment 
efforts, including any effect on civic engage-
ment. 
(E) The extent to which residents of the 
United States that received broadband service 
as a result of Federal broadband service sup-
port programs and the Universal Service Fund 
programs received such service at the download 
and upload speeds required by such programs.
1343 
(c) STUDY
AND REPORT
ON AFFORDABILITY
OF 
ADOPTION OF BROADBAND SERVICE.— 
(1) STUDY.—The Office, in consultation with 
the Commission, the Department of Agriculture, the 
Department of the Treasury, and such other Federal 
agencies as the Office considers appropriate, shall, 
not later than 1 year after the date of the enactment 
of this Act, and biennially thereafter, conduct a 
study that examines the following: 
(A) The number of households for which 
cost is a barrier to the adoption of broadband 
service, the financial circumstances of such 
households, and whether such households are 
eligible for the broadband benefit under section 
31141. 
(B) The extent to which the cost of adop-
tion of broadband service is a financial burden 
to households that have adopted broadband 
service, the financial circumstances of such fi-
nancially burdened households, and whether 
such households are receiving the broadband 
benefit under section 31141. 
(C) The appropriate standard to determine 
whether adoption of broadband service is af-
1344 
fordable for households, given the financial cir-
cumstances of such households. 
(D) The feasibility of providing additional 
Federal subsidies, including expanding the eligi-
bility for or increasing the amount of the 
broadband benefit under section 31141, to 
households to cover the difference between the 
cost of adoption of broadband service (deter-
mined before applying such additional Federal 
subsidies) and the price at which adoption of 
broadband service would be affordable. 
(E) How a program to provide additional 
Federal subsidies as described in subparagraph 
(D) should be administered to most effectively 
facilitate adoption of broadband service at the 
lowest overall expense to the Federal Govern-
ment, including measures that would ensure 
that the availability of the subsidies does not 
result in providers raising the price of 
broadband service for households receiving sub-
sidies. 
(F) How participation in the Lifeline pro-
gram of the Commission has changed in the 5 
years prior to the date of the enactment of this 
Act, including—
1345 
(i) geographic information at the cen-
sus-block level depicting the scale of 
change in participation in each area; and 
(ii) information on changes in partici-
pation by specific types of Lifeline-sup-
ported services, including fixed voice te-
lephony service, mobile voice telephony 
service, fixed broadband service, and mo-
bile broadband service and, in the case of 
any Lifeline-supported services provided as 
part of a bundle of services to which a 
Lifeline discount is applied, which Lifeline- 
supported services are part of such bundle 
and whether or not each Lifeline-supported 
service in such bundle meets Lifeline min-
imum service standards. 
(G) How competition impacts the price of 
broadband service, including the impact of mo-
nopolistic business practices by broadband serv-
ice providers. 
(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, and biennially 
thereafter, the Office shall submit to Congress a re-
port on the results of the study conducted under 
paragraph (1).
1346 
(3) COST
DEFINED.—In this subsection, the 
term ‘‘cost’’ means, with respect to adoption of 
broadband service, the cost of adoption of broadband 
service to a household after applying any subsidies 
that reduce such cost. 
SEC. 31103. STREAMLINED APPLICATIONS FOR SUPPORT. 
(a) FEDERAL AGENCY CONSULTATION.—The Office 
shall consult with any Federal agency offering a Federal 
broadband service support program to streamline and 
standardize the application process for financial assistance 
for such program. 
(b) FEDERAL AGENCY STREAMLINING.—Any Fed-
eral agency offering a Federal broadband service support 
program shall amend the applications of such agency for 
broadband service support, to the extent practicable and 
as necessary, to streamline and standardize applications 
for Federal broadband service support programs across 
the Government. 
(c) SINGLE APPLICATION.—To the greatest extent 
practicable, the Office shall seek to create one application 
that may be submitted to apply for all, or substantially 
all, Federal broadband service support programs. 
(d) WEBSITE REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Office shall 
create a central website through which potential applicants
1347 
can learn about and apply for support through any Fed-
eral broadband service support program. 
SEC. 31104. COORDINATION OF SUPPORT. 
The Office, any Federal agency that offers a Federal 
broadband service support program, and the Commission 
with respect to the Universal Service Fund programs shall 
coordinate to ensure that support is being distributed in 
an efficient, technology-neutral, and financially sustain-
able manner, with the goals of achieving universal access 
to affordable broadband service and promoting the most 
job and economic growth for all residents of the United 
States. 
SEC. 31105. RULE OF CONSTRUCTION. 
Nothing in this chapter is intended to alter or amend 
any provision of section 254 of the Communications Act 
of 1934 (47 U.S.C. 254). 
SEC. 31106. FUNDING. 
(a) APPROPRIATION.—There are appropriated to the 
Assistant Secretary, out of any money in the Treasury not 
otherwise appropriated, $26,000,000 to carry out this 
chapter for fiscal year 2021, to remain available until ex-
pended. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Assistant Sec-
retary $26,000,000 to carry out this chapter for fiscal
1348 
year 2022 and each fiscal year thereafter, to remain avail-
able until expended. 
SEC. 31107. STUDY AND RECOMMENDATIONS TO CONNECT 
SOCIALLY DISADVANTAGED INDIVIDUALS. 
(a) IN GENERAL.—Not later than 12 months after 
the date of the enactment of this act, the Office of Internet 
Connectivity and Growth, in consultation with the Com-
mission and the Rural Utility Service of the Department 
of Agriculture, shall, after public notice and an oppor-
tunity for comment, conduct a study to assess the extent 
to which Federal funds for broadband internet access serv-
ices, including the Universal Service Fund programs and 
other Federal broadband service support programs, have 
expanded access to and adoption of broadband internet ac-
cess service by socially disadvantaged individuals as com-
pared to individuals who are not socially disadvantaged in-
dividuals. 
(b) REPORT AND PUBLICATION.— 
(1) SUBMISSION.—Not later than 18 months 
after the date of the enactment of this Act, the Of-
fice of Internet Connectivity and Growth shall sub-
mit a report on the results of the study under sub-
section (a) to— 
(A) the Committee on Energy & Commerce 
in the House of Representatives;
1349 
(B) the Committee on Commerce, Science 
and Transportation of the Senate; and 
(C) each agency administering a program 
evaluated by such report. 
(2) PUBLIC PUBLICATION.—Contemporaneously 
with submitting the report required by paragraph 
(1), the Office of Internet Connectivity and Growth 
shall publish such report on the public facing 
website of— 
(A) the National Telecommunications and 
Information Administration; 
(B) the Commission; and 
(C) the Rural Utility Service of the De-
partment of Agriculture. 
(3) RECOMMENDATIONS.—The report required 
by paragraph (1) shall include recommendations 
with regard who to how Federal funds for the Uni-
versal 
Service 
Fund 
programs 
and 
Federal 
broadband service support programs may be dis-
persed in an a manner that better expands access to 
and adoption of broadband internet access service by 
socially disadvantaged individuals as compared to in-
dividuals who are not socially disadvantaged individ-
uals.
1350 
(c) SOCIALLY DISADVANTAGED INDIVIDUAL.—In this 
section, the term ‘‘socially disadvantaged individual’’ has 
the meaning given that term in section 8 of the Small 
Business Act (15 U.S.C. 637). 
CHAPTER 2—DIGITAL EQUITY PROGRAMS 
SEC. 31121. STATE DIGITAL EQUITY CAPACITY GRANT PRO-
GRAM. 
(a) ESTABLISHMENT; PURPOSE.— 
(1) IN
GENERAL.—The Assistant Secretary 
shall establish in the Office the State Digital Equity 
Capacity Grant Program (referred to in this section 
as the ‘‘Program’’)— 
(A) the purpose of which is to promote the 
achievement of digital equity, support digital in-
clusion activities, and build capacity for efforts 
by States relating to the adoption of broadband 
service by residents of those States; 
(B) through which the Assistant Secretary 
shall make grants to States in accordance with 
the requirements of this section; and 
(C) which shall ensure that States have the 
capacity to promote the achievement of digital 
equity and support digital inclusion activities. 
(2) CONSULTATION
WITH
OTHER
FEDERAL 
AGENCIES; NO CONFLICT.—In establishing the Pro-
1351 
gram under paragraph (1), the Assistant Secretary 
shall— 
(A) consult with— 
(i) the Secretary of Agriculture; 
(ii) the Secretary of Housing and 
Urban Development; 
(iii) the Secretary of Education; 
(iv) the Secretary of Labor; 
(v) the Secretary of Health and 
Human Services; 
(vi) the Secretary of Veterans Affairs; 
(vii) the Secretary of the Interior; 
(viii) the Assistant Secretary for In-
dian Affairs of the Department of the Inte-
rior; 
(ix) the Commission; 
(x) the Federal Trade Commission; 
(xi) the Director of the Institute of 
Museum and Library Services; 
(xii) the Administrator of the Small 
Business Administration; 
(xiii) the Federal Cochairman of the 
Appalachian Regional Commission; and
1352 
(xiv) the head of any other Federal 
agency that the Assistant Secretary deter-
mines to be appropriate; and 
(B) ensure that the Program complements 
and enhances, and does not conflict with, other 
Federal broadband service support programs 
and Universal Service Fund programs. 
(3) TRIBAL AND NATIVE HAWAIIAN CONSULTA-
TION AND ENGAGEMENT.—In establishing the Pro-
gram under paragraph (1), the Assistant Secretary 
shall conduct robust, interactive, pre-decisional, 
transparent consultation with Indian Tribes and Na-
tive Hawaiian organizations. 
(b) ADMINISTERING ENTITY.— 
(1) SELECTION; FUNCTION.—The governor (or 
equivalent official) of a State that wishes to be 
awarded a grant under this section shall, from 
among entities that are eligible under paragraph (2), 
select an administering entity for that State, which 
shall— 
(A) serve as the recipient of, and admin-
istering agent for, any grant awarded to the 
State under this section;
1353 
(B) develop, implement, and oversee the 
State Digital Equity Plan for the State de-
scribed in subsection (c); 
(C) make subgrants to any of the entities 
described in clauses (i) through (xi) of sub-
section (c)(1)(D) that is located in the State in 
support of— 
(i) the State Digital Equity Plan for 
the State; and 
(ii) digital inclusion activities in the 
State generally; and 
(D) serve as— 
(i) an advocate for digital equity poli-
cies and digital inclusion activities; and 
(ii) a repository of best practice mate-
rials regarding the policies and activities 
described in clause (i). 
(2) ELIGIBLE ENTITIES.—Any of the following 
entities may serve as the administering entity for a 
State for the purposes of this section if the entity 
has demonstrated a capacity to administer the Pro-
gram on a statewide level: 
(A) The State. 
(B) A political subdivision, agency, or in-
strumentality of the State.
1354 
(C) An Indian Tribe located in the State, 
a tribally designated entity located in the State, 
or a Native Hawaiian organization located in 
the State. 
(c) STATE DIGITAL EQUITY PLAN.— 
(1) DEVELOPMENT; CONTENTS.—A State that 
wishes to be awarded a grant under subsection (d) 
shall develop a State Digital Equity Plan for the 
State, which shall include— 
(A) an identification of the barriers to dig-
ital equity faced by covered populations in the 
State; 
(B) measurable objectives for documenting 
and promoting, among each group described in 
subparagraphs (A) through (H) of section 
31001(6) located in that State— 
(i) the availability of, and affordability 
of access to, broadband service and tech-
nology needed for the use of broadband 
service; 
(ii) public awareness of such avail-
ability and affordability and of subsidies 
available to increase such affordability (in-
cluding subsidies available through the
1355 
Lifeline program of the Commission), in-
cluding objectives to— 
(I) inform Medicaid enrollees and 
SNAP participants, and organizations 
that serve Medicaid enrollees and 
SNAP participants, of potential eligi-
bility for the Lifeline program; and 
(II) provide Medicaid enrollees 
and SNAP participants with informa-
tion about the Lifeline program, in-
cluding— 
(aa) how to apply for the 
Lifeline program; and 
(bb) a description of the 
prohibition on more than one 
subscriber in each household re-
ceiving a service provided under 
the Lifeline program; 
(iii) 
the 
online 
accessibility 
and 
inclusivity of public resources and services; 
(iv) digital literacy; 
(v) awareness of, and the use of, 
measures to secure the online privacy of, 
and cybersecurity with respect to, an indi-
vidual; and
1356 
(vi) the availability and affordability 
of consumer devices and technical support 
for those devices; 
(C) an assessment of how the objectives 
described in subparagraph (B) will impact and 
interact with the State’s— 
(i) economic and workforce develop-
ment goals, plans, and outcomes; 
(ii) educational outcomes; 
(iii) health outcomes; 
(iv) civic and social engagement; and 
(v) delivery of other essential services; 
(D) in order to achieve the objectives de-
scribed in subparagraph (B), a description of 
how the State plans to collaborate with key 
stakeholders in the State, which may include— 
(i) anchor institutions; 
(ii) county and municipal govern-
ments; 
(iii) local educational agencies; 
(iv) where applicable, Indian Tribes, 
tribally designated entities, or Native Ha-
waiian organizations; 
(v) nonprofit organizations; 
(vi) organizations that represent—
1357 
(I) individuals with disabilities, 
including organizations that represent 
children with disabilities; 
(II) aging individuals; 
(III) individuals with a language 
barrier, including individuals who— 
(aa) are English learners; or 
(bb) have low levels of lit-
eracy; 
(IV) veterans; 
(V) individuals residing in rural 
areas; and 
(VI) incarcerated individuals in 
that State, other than individuals who 
are incarcerated in a Federal correc-
tional facility (including a private fa-
cility operated under contract with the 
Federal Government); 
(vii) civil rights organizations; 
(viii) entities that carry out workforce 
development programs; 
(ix) agencies of the State that are re-
sponsible for administering or supervising 
adult education and literacy activities in 
the State;
1358 
(x) public housing agencies whose ju-
risdictions are located in the State; and 
(xi) a consortium of any of the enti-
ties described in clauses (i) through (x); 
and 
(E) a list of organizations with which the 
administering entity for the State collaborated 
in developing and implementing the Plan. 
(2) PUBLIC AVAILABILITY.— 
(A) IN GENERAL.—The administering enti-
ty for a State shall make the State Digital Eq-
uity Plan of the State available for public com-
ment for a period of not less than 30 days be-
fore the date on which the State submits an ap-
plication to the Assistant Secretary under sub-
section (d)(2). 
(B) CONSIDERATION
OF
COMMENTS
RE-
CEIVED.—The administering entity for a State 
shall, with respect to an application submitted 
to the Assistant Secretary under subsection 
(d)(2)— 
(i) before submitting the application— 
(I) consider all comments re-
ceived during the comment period de-
scribed in subparagraph (A) with re-
1359 
spect to the application (referred to in 
this subparagraph as the ‘‘comment 
period’’); and 
(II) make any changes to the 
plan that the administering entity de-
termines to be appropriate; and 
(ii) when submitting the application— 
(I) describe any changes pursued 
by the administering entity in re-
sponse to comments received during 
the comment period; and 
(II) include a written response to 
each comment received during the 
comment period. 
(3) PLANNING GRANTS.— 
(A) IN GENERAL.—Beginning in the first 
fiscal year that begins after the date of the en-
actment of this Act, the Assistant Secretary 
shall, in accordance with the requirements of 
this paragraph, award planning grants to 
States for the purpose of developing the State 
Digital Equity Plans of those States under this 
subsection.
1360 
(B) ELIGIBILITY.—In order to be awarded 
a planning grant under this paragraph, a 
State— 
(i) shall submit to the Assistant Sec-
retary an application under subparagraph 
(C); and 
(ii) may not have been awarded, at 
any time, a planning grant under this 
paragraph. 
(C) APPLICATION.—A State that wishes to 
be awarded a planning grant under this para-
graph shall, not later than 60 days after the 
date on which the notice of funding availability 
with respect to the grant is released, submit to 
the Assistant Secretary an application, in a for-
mat to be determined by the Assistant Sec-
retary, that contains the following materials: 
(i) A description of the entity selected 
to serve as the administering entity for the 
State, as described in subsection (b). 
(ii) A certification from the State 
that, not later than 1 year after the date 
on which the Assistant Secretary awards 
the planning grant to the State, the ad-
ministering entity for that State will sub-
1361 
mit to the Assistant Secretary a State Dig-
ital Equity Plan developed under this sub-
section, which will comply with the require-
ments of this subsection, including the re-
quirements of paragraph (2). 
(iii) The assurances required under 
subsection (e). 
(D) AWARDS.— 
(i) AMOUNT OF GRANT.—The amount 
of a planning grant awarded to an eligible 
State under this paragraph shall be deter-
mined according to the formula under sub-
section (d)(3)(A)(i). 
(ii) DURATION.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), with respect to 
a planning grant awarded to an eligi-
ble State under this paragraph, the 
State shall expend the grant funds 
during the 1-year period beginning on 
the date on which the State is award-
ed the grant funds. 
(II) EXCEPTION.—The Assistant 
Secretary may grant an extension of 
not longer than 180 days with respect
1362 
to the requirement under subclause 
(I). 
(iii) CHALLENGE
MECHANISM.—The 
Assistant Secretary shall ensure that any 
eligible State to which a planning grant is 
awarded under this paragraph may appeal 
or otherwise challenge in a timely fashion 
the amount of the grant awarded to the 
State, as determined under clause (i). 
(E) USE OF FUNDS.—An eligible State to 
which a planning grant is awarded under this 
paragraph shall, through the administering en-
tity for that State, use the grant funds only for 
the following purposes: 
(i) To develop the State Digital Eq-
uity Plan of the State under this sub-
section. 
(ii)(I) Subject to subclause (II), to 
make subgrants to any of the entities de-
scribed in clauses (i) through (xi) of para-
graph (1)(D) to assist in the development 
of the State Digital Equity Plan of the 
State under this subsection. 
(II) If the administering entity for a 
State makes a subgrant described in sub-
1363 
clause (I), the administering entity shall, 
with respect to the subgrant, provide to the 
State the assurances required under sub-
section (e). 
(d) STATE CAPACITY GRANTS.— 
(1) IN GENERAL.—Beginning not later than 2 
years after the date on which the Assistant Sec-
retary begins awarding planning grants under sub-
section (c)(3), the Assistant Secretary shall each 
year award grants to eligible States to support— 
(A) the implementation of the State Dig-
ital Equity Plans of those States; and 
(B) digital inclusion activities in those 
States. 
(2) APPLICATION.—A State that wishes to be 
awarded a grant under this subsection shall, not 
later than 60 days after the date on which the notice 
of funding availability with respect to the grant is 
released, submit to the Assistant Secretary an appli-
cation, in a format to be determined by the Assist-
ant Secretary, that contains the following materials: 
(A) A description of the entity selected to 
serve as the administering entity for the State, 
as described in subsection (b).
1364 
(B) The State Digital Equity Plan of that 
State, as described in subsection (c). 
(C) A certification that the State, acting 
through the administering entity for the State, 
shall— 
(i) implement the State Digital Equity 
Plan of the State; and 
(ii) make grants in a manner that is 
consistent with the aims of the Plan de-
scribed in clause (i). 
(D) The assurances required under sub-
section (e). 
(E) In the case of a State to which the As-
sistant Secretary has previously awarded a 
grant under this subsection, any amendments 
to the State Digital Equity Plan of that State, 
as compared with the State Digital Equity Plan 
of the State previously submitted. 
(3) AWARDS.— 
(A) AMOUNT OF GRANT.— 
(i) FORMULA.—Subject to clauses (ii), 
(iii), and (iv), the Assistant Secretary shall 
calculate the amount of a grant awarded to 
an eligible State under this subsection in 
accordance with the following criteria,
1365 
using the best available data for all States 
for the fiscal year in which the grant is 
awarded: 
(I) 50 percent of the total grant 
amount shall be based on the popu-
lation of the eligible State in propor-
tion to the total population of all eligi-
ble States. 
(II) 25 percent of the total grant 
amount shall be based on the number 
of individuals in the eligible State who 
are members of covered populations in 
proportion to the total number of indi-
viduals in all eligible States who are 
members of covered populations. 
(III) 25 percent of the total 
grant amount shall be based on the 
lack of availability of broadband serv-
ice and lack of adoption of broadband 
service in the eligible State in propor-
tion to the lack of availability of 
broadband service and lack of adop-
tion of broadband service in all eligi-
ble States, which shall be determined 
according to data collected—
1366 
(aa) from the annual inquiry 
of the Commission conducted 
under section 706(b) of the Tele-
communications Act of 1996 (47 
U.S.C. 1302(b)); 
(bb) from the American 
Community Survey or, if nec-
essary, other data collected by 
the Bureau of the Census; 
(cc) from the Internet and 
Computer Use Supplement to the 
Current Population Survey of the 
Bureau of the Census; 
(dd) by the Commission pur-
suant to the rules issued under 
section 802 of the Communica-
tions Act of 1934 (47 U.S.C. 
642); and 
(ee) from any other source 
that the Assistant Secretary, 
after appropriate notice and op-
portunity for public comment, de-
termines to be appropriate. 
(ii) MINIMUM
AWARD.—The amount 
of a grant awarded to an eligible State
1367 
under this subsection in a fiscal year shall 
be not less than 0.5 percent of the total 
amount made available to award grants to 
eligible States for that fiscal year. 
(iii) ADDITIONAL AMOUNTS.—If, after 
awarding planning grants to States under 
subsection (c)(3) and capacity grants to el-
igible States under this subsection in a fis-
cal year, there are amounts remaining to 
carry out this section, the Assistant Sec-
retary shall distribute those amounts— 
(I) to eligible States to which the 
Assistant 
Secretary 
has 
awarded 
grants under this subsection for that 
fiscal year; and 
(II) in accordance with the for-
mula described in clause (i). 
(iv) DATA UNAVAILABLE.—If, in a fis-
cal year, the Commonwealth of Puerto 
Rico (referred to in this clause as ‘‘Puerto 
Rico’’) is an eligible State and specific data 
for Puerto Rico is unavailable for a factor 
described in subclause (I), (II), or (III) of 
clause (i), the Assistant Secretary shall use 
the median data point with respect to that
1368 
factor among all eligible States and assign 
it to Puerto Rico for the purposes of mak-
ing any calculation under that clause for 
that fiscal year. 
(B) DURATION.—With respect to a grant 
awarded to an eligible State under this sub-
section, the eligible State shall expend the grant 
funds during the 5-year period beginning on the 
date on which the eligible State is awarded the 
grant funds. 
(C) CHALLENGE
MECHANISM.—The As-
sistant Secretary shall ensure that any eligible 
State to which a grant is awarded under this 
subsection may appeal or otherwise challenge in 
a timely fashion the amount of the grant 
awarded to the State, as determined under sub-
paragraph (A). 
(D) USE OF FUNDS.—The administering 
entity for an eligible State to which a grant is 
awarded under this subsection shall use the 
grant amounts for the following purposes: 
(i)(I) Subject to subclause (II), to up-
date or maintain the State Digital Equity 
Plan of the State.
1369 
(II) An administering entity for an el-
igible State to which a grant is awarded 
under this subsection may use not more 
than 20 percent of the amount of the 
grant for the purpose described in sub-
clause (I). 
(ii) To implement the State Digital 
Equity Plan of the State. 
(iii)(I) Subject to subclause (II), to 
award a grant to any entity that is de-
scribed in section 31122(b) and is located 
in the eligible State in order to— 
(aa) assist in the implementation 
of the State Digital Equity Plan of 
the State; 
(bb) pursue digital inclusion ac-
tivities in the State consistent with 
the State Digital Equity Plan of the 
State; and 
(cc) report to the State regarding 
the digital inclusion activities of the 
entity. 
(II) Before an administering entity 
for an eligible State may award a grant 
under subclause (I), the administering en-
1370 
tity shall require the entity to which the 
grant is awarded to certify that— 
(aa) the entity shall carry out the 
activities required under items (aa), 
(bb), and (cc) of that subclause; 
(bb) the receipt of the grant shall 
not result in unjust enrichment of the 
entity; and 
(cc) the entity shall cooperate 
with any evaluation— 
(AA) of any program that 
relates to a grant awarded to the 
entity; and 
(BB) that is carried out by 
or for the administering entity, 
the Assistant Secretary, or an-
other Federal official. 
(iv)(I) Subject to subclause (II), to 
evaluate the efficacy of the efforts funded 
by grants made under clause (iii). 
(II) An administering entity for an el-
igible State to which a grant is awarded 
under this subsection may use not more 
than 5 percent of the amount of the grant 
for a purpose described in subclause (I).
1371 
(v)(I) Subject to subclause (II), for 
the administrative costs incurred in car-
rying out the activities described in clauses 
(i) through (iv). 
(II) An administering entity for an el-
igible State to which a grant is awarded 
under this subsection may use not more 
than 3 percent of the amount of the grant 
for the purpose described in subclause (I). 
(e) ASSURANCES.—When applying for a grant under 
this section, a State shall include in the application for 
that grant assurances that— 
(1) if any of the entities described in clauses (i) 
through (xi) of subsection (c)(1)(D) or section 
31122(b) is awarded grant funds under this section 
(referred to in this subsection as a ‘‘covered recipi-
ent’’), provide that— 
(A) the covered recipient shall use the 
grant funds in accordance with any applicable 
statute, regulation, or application procedure; 
(B) the administering entity for that State 
shall adopt and use proper methods of admin-
istering any grant that the covered recipient is 
awarded, including by—
1372 
(i) enforcing any obligation imposed 
under law on any agency, institution, orga-
nization, or other entity that is responsible 
for carrying out the program to which the 
grant relates; 
(ii) correcting any deficiency in the 
operation of a program to which the grant 
relates, as identified through an audit or 
another monitoring or evaluation proce-
dure; and 
(iii) adopting written procedures for 
the receipt and resolution of complaints al-
leging a violation of law with respect to a 
program to which the grant relates; and 
(C) the administering entity for that State 
shall cooperate in carrying out any evaluation— 
(i) of any program that relates to a 
grant awarded to the covered recipient; 
and 
(ii) that is carried out by or for the 
Assistant Secretary or another Federal of-
ficial; 
(2) the administering entity for that State 
shall—
1373 
(A) use fiscal control and fund accounting 
procedures that ensure the proper disbursement 
of, and accounting for, any Federal funds that 
the State is awarded under this section; 
(B) submit to the Assistant Secretary any 
reports that may be necessary to enable the As-
sistant Secretary to perform the duties of the 
Assistant Secretary under this section; 
(C) maintain any records and provide any 
information to the Assistant Secretary, includ-
ing those records, that the Assistant Secretary 
determines is necessary to enable the Assistant 
Secretary to perform the duties of the Assistant 
Secretary under this section; and 
(D) with respect to any significant pro-
posed change or amendment to the State Dig-
ital Equity Plan for the State, make the change 
or amendment available for public comment in 
accordance with subsection (c)(2); and 
(3) the State, before submitting to the Assist-
ant Secretary the State Digital Equity Plan of the 
State, has complied with the requirements of sub-
section (c)(2). 
(f) TERMINATION OF GRANT.—
1374 
(1) IN GENERAL.—In addition to other author-
ity under applicable law, the Assistant Secretary 
shall terminate a grant awarded to an eligible State 
under this section if, after notice to the State and 
opportunity for a hearing, the Assistant Secretary 
determines, and presents to the State a rationale 
and supporting information that clearly dem-
onstrates, that— 
(A) the grant funds are not contributing to 
the development or implementation of the State 
Digital Equity Plan of the State, as applicable; 
(B) the State is not upholding assurances 
made by the State to the Assistant Secretary 
under subsection (e); or 
(C) the grant is no longer necessary to 
achieve the original purpose for which the As-
sistant Secretary awarded the grant. 
(2) REDISTRIBUTION.—If the Assistant Sec-
retary, in a fiscal year, terminates a grant under 
paragraph (1) or under other authority under appli-
cable law, the Assistant Secretary shall redistribute 
the unspent grant amounts— 
(A) to eligible States to which the Assist-
ant Secretary has awarded grants under sub-
section (d) for that fiscal year; and
1375 
(B) in accordance with the formula de-
scribed in subsection (d)(3)(A)(i). 
(g) REPORTING AND INFORMATION REQUIREMENTS; 
INTERNET DISCLOSURE.—The Assistant Secretary— 
(1) shall— 
(A) require any entity to which a grant, in-
cluding a subgrant, is awarded under this sec-
tion to publicly report, for each year during the 
period described in subsection (c)(3)(D)(ii) or 
(d)(3)(B), as applicable, with respect to the 
grant, and in a format specified by the Assist-
ant Secretary, on— 
(i) the use of that grant by the entity; 
(ii) the progress of the entity towards 
fulfilling the objectives for which the grant 
was awarded; and 
(iii) the implementation of the State 
Digital Equity Plan of the State; 
(B) establish appropriate mechanisms to 
ensure that any entity to which a grant, includ-
ing a subgrant, is awarded under this section— 
(i) uses the grant amounts in an ap-
propriate manner; and 
(ii) complies with all terms with re-
spect to the use of the grant amounts; and
1376 
(C) create and maintain a fully searchable 
database, which shall be accessible on the inter-
net at no cost to the public, that contains, at 
a minimum— 
(i) the application of each State that 
has applied for a grant under this section; 
(ii) the status of each application de-
scribed in clause (i); 
(iii) each report submitted by an enti-
ty under subparagraph (A); 
(iv) a record of public comments re-
ceived during the comment period de-
scribed in subsection (c)(2)(A) regarding 
the State Digital Equity Plan of a State, 
as well as any written responses to or ac-
tions taken as a result of those comments; 
and 
(v) any other information that the As-
sistant Secretary considers appropriate to 
ensure that the public has sufficient infor-
mation to understand and monitor grants 
awarded under this section; and 
(2) may establish additional reporting and in-
formation requirements for any recipient of a grant 
under this section.
1377 
(h) SUPPLEMENT NOT SUPPLANT.—A grant or 
subgrant awarded under this section shall supplement, not 
supplant, other Federal or State funds that have been 
made available to carry out activities described in this sec-
tion. 
(i) SET ASIDES.—From amounts made available in 
a fiscal year to carry out the Program, the Assistant Sec-
retary shall reserve— 
(1) not more than 5 percent for the implemen-
tation and administration of the Program, which 
shall include— 
(A) providing technical support and assist-
ance, including ensuring consistency in data re-
porting; 
(B) providing assistance to— 
(i) States, or administering entities 
for States, to prepare the applications of 
those States; and 
(ii) administering entities with respect 
to grants awarded under this section; 
(C) developing the report required under 
section 31123(a); and 
(D) providing assistance specific to Indian 
Tribes, tribally designated entities, and Native 
Hawaiian organizations, including—
1378 
(i) conducting annual outreach to In-
dian Tribes and Native Hawaiian organiza-
tions on the availability of technical assist-
ance for applying for or otherwise partici-
pating in the Program; 
(ii) providing technical assistance at 
the request of any Indian Tribe, tribally 
designated entity, or Native Hawaiian or-
ganization that is applying for or partici-
pating in the Program in order to facilitate 
the fulfillment of any applicable require-
ments in subsections (c) and (d); and 
(iii) providing additional technical as-
sistance at the request of any Indian 
Tribe, tribally designated entity, or Native 
Hawaiian organization that is applying for 
or participating in the Program to improve 
the development or implementation of a 
Digital Equity plan, such as— 
(I) assessing all Federal pro-
grams that are available to assist the 
Indian Tribe, tribally designated enti-
ty, or Native Hawaiian organization 
in meeting the goals of a Digital Eq-
uity plan;
1379 
(II) identifying all applicable 
Federal, State, and Tribal statutory 
provisions, regulations, policies, and 
procedures that the Assistant Sec-
retary determines are necessary to ad-
here 
to 
for 
the 
deployment 
of 
broadband service; 
(III) identifying obstacles to the 
deployment 
of 
broadband 
service 
under a Digital Equity plan, as well 
as potential solutions; or 
(IV) identifying activities that 
may be necessary to the success of a 
Digital Equity plan, including digital 
literacy training, technical support, 
privacy and cybersecurity expertise, 
and other end-user technology needs; 
and 
(2) not less than 5 percent to award grants di-
rectly to Indian Tribes, tribally designated entities, 
and Native Hawaiian organizations to allow those 
Tribes, entities, and organizations to carry out the 
activities described in this section. 
(j) RULES.—The Assistant Secretary may prescribe 
such rules as may be necessary to carry out this section.
1380 
(k) APPROPRIATION.—There are appropriated to the 
Assistant Secretary, out of any money in the Treasury not 
otherwise appropriated— 
(1) for the award of grants under subsection 
(c)(3), $60,000,000 for fiscal year 2021, to remain 
available until expended; and 
(2) for the award of grants under subsection 
(d)— 
(A) $125,000,000 for fiscal year 2021, to 
remain available until expended; 
(B) $125,000,000 for fiscal year 2022, to 
remain available until expended; 
(C) $125,000,000 for fiscal year 2023, to 
remain available until expended; 
(D) $125,000,000 for fiscal year 2024, to 
remain available until expended; and 
(E) $125,000,000 for fiscal year 2025, to 
remain available until expended. 
SEC. 31122. DIGITAL EQUITY COMPETITIVE GRANT PRO-
GRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the Assistant Secretary begins 
awarding grants under section 31121(d), and not 
before that date, the Assistant Secretary shall estab-
1381 
lish in the Office the Digital Equity Competitive 
Grant Program (referred to in this section as the 
‘‘Program’’), the purpose of which is to award 
grants to support efforts to achieve digital equity, 
promote digital inclusion activities, and spur greater 
adoption of broadband service among covered popu-
lations. 
(2) CONSULTATION; NO CONFLICT.—In estab-
lishing the Program under paragraph (1), the As-
sistant Secretary— 
(A) may consult a State with respect to— 
(i) the identification of groups de-
scribed in subparagraphs (A) through (H) 
of section 31001(6) located in that State; 
and 
(ii) the allocation of grant funds with-
in that State for projects in or affecting 
the State; and 
(B) shall— 
(i) consult with— 
(I) the Secretary of Agriculture; 
(II) the Secretary of Housing 
and Urban Development; 
(III) the Secretary of Education; 
(IV) the Secretary of Labor;
1382 
(V) the Secretary of Health and 
Human Services; 
(VI) the Secretary of Veterans 
Affairs; 
(VII) the Secretary of the Inte-
rior; 
(VIII) the Assistant Secretary for 
Indian Affairs of the Department of 
the Interior; 
(IX) the Commission; 
(X) the Federal Trade Commis-
sion; 
(XI) the Director of the Institute 
of Museum and Library Services; 
(XII) the Administrator of the 
Small Business Administration; 
(XIII) the Federal Cochairman 
of the Appalachian Regional Commis-
sion; and 
(XIV) the head of any other Fed-
eral agency that the Assistant Sec-
retary determines to be appropriate; 
and 
(ii) ensure that the Program com-
plements and enhances, and does not con-
1383 
flict with, other Federal broadband service 
support programs and Universal Service 
Fund programs. 
(b) ELIGIBILITY.—The Assistant Secretary may 
award a grant under the Program to any of the following 
entities if the entity is not serving, and has not served, 
as the administering entity for a State under section 
31121(b): 
(1) A political subdivision, agency, or instru-
mentality of a State, including an agency of a State 
that is responsible for administering or supervising 
adult education and literacy activities in the State. 
(2) An Indian Tribe, a tribally designated enti-
ty, or a Native Hawaiian organization. 
(3) An entity that is— 
(A) a not-for-profit entity; and 
(B) not a school. 
(4) An anchor institution. 
(5) A local educational agency. 
(6) An entity that carries out a workforce devel-
opment program. 
(7) A consortium of any of the entities de-
scribed in paragraphs (1) through (6). 
(8) A consortium of—
1384 
(A) an entity described in any of para-
graphs (1) through (6); and 
(B) an entity that— 
(i) the Assistant Secretary, by rule, 
determines to be in the public interest; and 
(ii) is not a school. 
(c) APPLICATION.—An entity that wishes to be 
awarded a grant under the Program shall submit to the 
Assistant Secretary an application— 
(1) at such time, in such form, and containing 
such information as the Assistant Secretary may re-
quire; and 
(2) that— 
(A) provides a detailed explanation of how 
the entity will use any grant amounts awarded 
under the Program to carry out the purposes of 
the Program in an efficient and expeditious 
manner; 
(B) identifies the period in which the ap-
plicant will expend the grant funds awarded 
under the Program; 
(C) includes— 
(i) a justification for the amount of 
the grant that the applicant is requesting; 
and
1385 
(ii) for each fiscal year in which the 
applicant will expend the grant funds, a 
budget for the activities that the grant 
funds will support; 
(D) demonstrates to the satisfaction of the 
Assistant Secretary that the entity— 
(i) is capable of carrying out the 
project or function to which the application 
relates and the activities described in sub-
section (h)— 
(I) in a competent manner; and 
(II) in compliance with all appli-
cable Federal, State, and local laws; 
and 
(ii) if the applicant is an entity de-
scribed in subsection (b)(1), will appro-
priate or otherwise unconditionally obligate 
from non-Federal sources funds that are 
necessary to meet the requirements of sub-
section (e); 
(E) discloses to the Assistant Secretary the 
source and amount of other Federal, State, or 
outside funding sources from which the entity 
receives, or has applied for, funding for activi-