project under this section shall be paid wages at 
rates not less than those prevailing on similar con-
struction in the locality as determined by the Sec-
retary of Labor under subchapter IV of chapter 31 
of title 40, United States Code (commonly referred 
to as the Davis-Bacon Act). 
‘‘(d) PROJECT REQUIREMENTS.—Any project funded 
through the program shall meet the following require-
ments: 
‘‘(1) The project shall adhere to quality-of-serv-
ice standards as established by the Commission. 
‘‘(2) The project shall offer broadband with a 
download speed of at least 100 megabits per second, 
an upload speed of at least 20 megabits per second, 
and a latency that is sufficiently low to allow real- 
time, interactive applications. 
‘‘(3) For any project that involves laying fiber- 
optic cables along a roadway, the project shall in-
clude interspersed conduit access points at regular 
and short intervals. 
‘‘(4) The project may not offer broadband that 
does not, at a minimum, provide a download speed 
of at least 25 megabits per second, an upload speed 
of at least 3 megabits per second, and a latency that 
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is sufficiently low to allow real-time, interactive ap-
plications. 
‘‘(5) The project shall incorporate prudent cy-
bersecurity and supply chain risk management prac-
tices, as specified by the Commission, through the 
rulemaking described in subsection (e), in consulta-
tion with the Director of the National Institute of 
Standards and Technology and the Assistant Sec-
retary. 
‘‘(6) The project shall incorporate best prac-
tices, as defined by the Commission, for ensuring re-
liability and resiliency of the network during disas-
ters. 
‘‘(7) Any funding recipient must agree to have 
the project meet the requirements established under 
section 224, as if the project were classified as a 
‘utility’ under such section. 
‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD 
OF FUNDS.—Not later than 180 days after the date of 
the enactment of this section, the Commission, in con-
sultation with the Assistant Secretary, shall promulgate 
rules— 
‘‘(1) that implement the requirements of this 
section, as appropriate, including the program re-
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quirements of subsections (a), (b), and (c) and the 
project requirements of subsection (d); 
‘‘(2) that establish the design of and rules for 
the nationwide reverse auction; 
‘‘(3) that establish notice requirements for all 
reverse auctions authorized under this section that, 
at a minimum, provide the public with notice of— 
‘‘(A) the initial determination of which 
areas are unserved areas or underserved areas; 
‘‘(B) the final determination of which 
areas are unserved areas or underserved areas 
after the process for challenging the initial de-
termination has concluded; 
‘‘(C) which entities have applied to bid for 
funding; and 
‘‘(D) the results of any reverse auctions, 
including identifying the funding recipients, 
which areas each project will serve, the nature 
of the service that will be provided by the 
project in each of those areas, and how much 
funding the funding recipients will receive in 
each of those areas; 
‘‘(4) that establish broadband buildout mile-
stones and periodic certification by funding recipi-
ents to ensure compliance with the broadband build-
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out milestones for all reverse auctions authorized 
under this section; 
‘‘(5) that establish a maximum buildout time-
frame of four years beginning on the date on which 
funding is provided under this section for any 
project by a funding recipient for a project under 
this section; 
‘‘(6) that establish periodic reporting require-
ments for funding recipients of projects and that 
identify, at a minimum, the nature of the service 
provided in each area for any reverse auction au-
thorized under this section; 
‘‘(7) that establish standard penalties for the 
noncompliance of funding recipients or projects with 
the requirements as set forth under this section and 
as may be further prescribed by the Commission for 
any reverse auction authorized under this section; 
‘‘(8) that establish procedures for recovery of 
funds, in whole or in part, from funding recipients 
in the event of the default or noncompliance of the 
funding recipient or project with the requirements 
established under this section for any reverse auc-
tion authorized under this section; and 
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‘‘(9) that establish mechanisms to reduce waste, 
fraud, and abuse within the program for any reverse 
auction authorized under this section. 
‘‘(f) REPORTS REQUIRED.— 
‘‘(1) INSPECTOR GENERAL AND COMPTROLLER 
GENERAL
REPORT.—Not later than June 30 and 
December 31 of each year following the awarding of 
the first funds under the program, the Inspector 
General of the Commission and the Comptroller 
General of the United States shall submit to the 
Committees on Energy and Commerce of the House 
of Representatives and Commerce, Science, and 
Transportation of the Senate a report for the pre-
vious 6 months that reviews the program. Such re-
port shall include any recommendations to address 
waste, fraud, and abuse. 
‘‘(2) STATE REPORTS.—Any State that receives 
funds under the program shall submit an annual re-
port to the Commission on how such funds were 
spent, along with a certification of compliance with 
the requirements as set forth under this section and 
as may be further prescribed by the Commission, in-
cluding a description of each service provided and 
the number of individuals to whom the service was 
provided. 
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‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) 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, public housing, a community 
college, an institution of higher education, or any 
other community support organization or agency. 
‘‘(2) AREA.—The term ‘area’ means the geo-
graphic unit of measurement with the greatest level 
of granularity reasonably feasible for the Commis-
sion to use in making eligibility determinations 
under this section and in meeting the requirements 
and deadlines of this section. 
‘‘(3) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
Commerce for Communications and Information. 
‘‘(4) BROADBAND.—The term ‘broadband’— 
‘‘(A) means broadband internet access 
service that is a mass-market retail service, or 
a service provided to an anchor institution, by 
wire or radio that provides the capability to 
transmit data to and receive data from all or 
substantially all internet endpoints, including 
any capabilities that are incidental to and en-
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able the operation of the communications serv-
ice; 
‘‘(B) includes any service that is a func-
tional equivalent of the service described in sub-
paragraph (A); and 
‘‘(C) does not include dial-up internet ac-
cess service. 
‘‘(5) FUNDING RECIPIENT.—The term ‘funding 
recipient’ means an entity that receives funding for 
a project under this section. 
‘‘(6) PROGRAM.—Unless otherwise indicated, 
the term ‘program’ means the program established 
under subsection (a). 
‘‘(7) PROJECT.—The term ‘project’ means an 
undertaking by a funding recipient under this sec-
tion to construct and deploy infrastructure for the 
provision of broadband. 
‘‘(8) REVERSE
AUCTION.—The term ‘reverse 
auction’ means an auction in which bids are sub-
mitted for a particular project and the bids serving 
the most locations for the lowest cost to the entity 
administering the reverse auction (either the State 
or the Commission), taking into consideration the 
funding preferences in subsection (c)(2) are selected 
for funding. 
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‘‘(9) UNDERSERVED AREA.—The term ‘under-
served area’ means an area that has access to 
broadband offered— 
‘‘(A) with a download speed of at least 25 
megabits per second and not more than 99 
megabits per second; 
‘‘(B) with an upload speed of at least 10 
megabits per second; and 
‘‘(C) with latency that is sufficiently low to 
allow real-time, interactive applications. 
‘‘(10) UNSERVED ANCHOR INSTITUTION.—The 
term ‘unserved anchor institution’ means an anchor 
institution that has no access to broadband or does 
not have access to broadband offered— 
‘‘(A) with a download speed of at least 1 
gigabit per second; 
‘‘(B) with an upload speed of at least 1 
gigabit per second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(11) UNSERVED AREA.—The term ‘unserved 
area’ means an area that has no access to 
broadband or does not have access to broadband of-
fered— 
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‘‘(A) with a download speed of at least 25 
megabits per second; 
‘‘(B) with an upload speed of at least 3 
megabits per second; and 
‘‘(C) with latency that is sufficiently low to 
allow real-time, interactive applications. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Commission 
$40,000,000,000 for fiscal year 2020 to carry out the pro-
gram and such amount is authorized to remain available 
for 10 years.’’. 
Subtitle B—Next Generation 9–1–1 
SEC. 12001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Next Generation 
9–1–1 Act of 2019’’. 
SEC. 12002. FINDINGS. 
Congress makes the following findings: 
(1) The 9–1–1 systems of the United States, 
while a model for the entire world, lack the advanced 
functionality, interoperability, and capabilities that 
come with the adoption of new digital communica-
tions technologies. 
(2) 
Communications 
technologies 
currently 
available to the public, including first responders 
and other public safety personnel, have substantially 
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outpaced the legacy communications technologies 
still used by most emergency communications cen-
ters in the 9–1–1 systems of the United States. 
(3) This lack of modern technology, when cou-
pled with other challenges, is impacting the ability of 
the 9–1–1 systems of the United States to efficiently 
and effectively provide responses to emergencies. 
(4) Modernizing the 9–1–1 systems of the 
United States to incorporate the new and evolving 
capabilities of broadband voice and data communica-
tions is essential for the safety and security of the 
public, including first responders and other public 
safety personnel. 
(5) Efforts to modernize the 9–1–1 systems of 
the United States to date, while laudable and impor-
tant, have been limited due to a lack of funding and 
inconsistent or unclear policies related to the govern-
ance, deployment, and operations of Next Genera-
tion 9–1–1. 
(6) A nationwide strategy for Next Generation 
9–1–1 has become essential to help guide the transi-
tion and create a common framework for implemen-
tation of Next Generation 9–1–1 while preserving 
State, regional, and local control over the governance 
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and technology choices of the 9–1–1 systems of the 
United States. 
(7) Accelerated implementation of Next Genera-
tion 9–1–1 will— 
(A) increase compatibility with emerging 
communications trends; 
(B) enhance the flexibility, reliability, and 
survivability of the 9–1–1 systems of the United 
States during major incidents; 
(C) improve emergency response for the 
public, including first responders and other 
public safety personnel; 
(D) promote the interoperability of the 9– 
1–1 systems of the United States with emer-
gency response providers including users of the 
Nationwide Public Safety Broadband Network 
being deployed by the First Responder Network 
Authority; and 
(E) increase the cost effectiveness of oper-
ating the 9–1–1 systems of the United States. 
SEC. 12003. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the 9–1–1 professionals in the United 
States perform important and lifesaving work every 
day, and need the tools and communications tech-
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nologies to perform the work effectively in a world 
with digital communications technologies; 
(2) the transition from the legacy communica-
tions technologies used in the 9–1–1 systems of the 
United States to Next Generation 9–1–1 is a na-
tional priority and a national imperative; 
(3) the United States should complete the tran-
sition described in paragraph (2) as soon as prac-
ticable; 
(4) the United States should develop a nation-
wide framework that facilitates cooperation among 
Federal, State, and local officials on deployment of 
Next Generation 9–1–1 in order to meet that goal; 
(5) the term ‘‘Public Safety Answering Point’’ 
becomes outdated in a broadband environment and 
9–1–1 centers are increasingly and appropriately 
being referred to as emergency communications cen-
ters; and 
(6) 9–1–1 authorities and emergency commu-
nications centers should have sufficient resources to 
implement Next Generation 9–1–1, including re-
sources to support associated geographic information 
systems (commonly known as ‘‘GIS’’), and cyberse-
curity measures. 
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SEC. 12004. STATEMENT OF POLICY. 
It is the policy of the United States that— 
(1) Next Generation 9–1–1 should be techno-
logically and competitively neutral; 
(2) Next Generation 9–1–1 should be interoper-
able; 
(3) the governance and control of the 9–1–1 
systems of the United States, including Next Gen-
eration 9–1–1, should remain at the State, regional, 
and local level; and 
(4) individuals in the United States should re-
ceive information on how to best utilize Next Gen-
eration 9–1–1 and on its capabilities and usefulness. 
SEC. 12005. COORDINATION OF NEXT GENERATION 9–1–1 IM-
PLEMENTATION. 
Part C of title I of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 901 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 159. COORDINATION OF NEXT GENERATION 9–1–1 IM-
PLEMENTATION. 
‘‘(a) ADDITIONAL FUNCTIONS OF 9–1–1 IMPLEMEN-
TATION COORDINATION OFFICE.— 
‘‘(1) AUTHORITY.—The Office shall implement 
the provisions of this section. 
‘‘(2) MANAGEMENT PLAN.— 
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‘‘(A) DEVELOPMENT.—The Assistant Sec-
retary and the Administrator shall develop and 
may modify a management plan for the grant 
program established under this section, includ-
ing by developing— 
‘‘(i) plans related to the organiza-
tional structure of such program; and 
‘‘(ii) funding profiles for each fiscal 
year of the duration of such program. 
‘‘(B) SUBMISSION
TO
CONGRESS.—Not 
later than 90 days after the date of the enact-
ment of this section or 90 days after the date 
on which the plan is modified, as applicable, the 
Assistant Secretary and the Administrator shall 
submit the management plan developed under 
subparagraph (A) to— 
‘‘(i) the Committees on Commerce, 
Science, and Transportation and Appro-
priations of the Senate; and 
‘‘(ii) the Committees on Energy and 
Commerce and Appropriations of the 
House of Representatives. 
‘‘(3) PURPOSE OF OFFICE.—The Office shall— 
‘‘(A) take actions, in concert with coordi-
nators designated in accordance with subsection 
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(b)(3)(A)(ii), to improve coordination and com-
munication with respect to the implementation 
of Next Generation 9–1–1; 
‘‘(B) develop, collect, and disseminate in-
formation concerning practices, procedures, and 
technology used in the implementation of Next 
Generation 9–1–1; 
‘‘(C) advise and assist eligible entities in 
the preparation of implementation plans re-
quired under subsection (b)(3)(A)(iii); 
‘‘(D) receive, review, and recommend the 
approval or disapproval of applications for 
grants under subsection (b); and 
‘‘(E) oversee the use of funds provided by 
such grants in fulfilling such implementation 
plans. 
‘‘(4) REPORTS.—The Assistant Secretary and 
the Administrator shall provide an annual report to 
Congress by the first day of October of each year on 
the activities of the Office to improve coordination 
and communication with respect to the implementa-
tion of Next Generation 9–1–1. 
‘‘(b) NEXT GENERATION 9–1–1 IMPLEMENTATION 
GRANTS.— 
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‘‘(1) MATCHING GRANTS.—The Assistant Sec-
retary and the Administrator, acting through the Of-
fice, shall provide grants to eligible entities for— 
‘‘(A) the implementation of Next Genera-
tion 9–1–1; 
‘‘(B) establishing and maintaining Next 
Generation 9–1–1; 
‘‘(C) training directly related to Next Gen-
eration 9–1–1; 
‘‘(D) public outreach and education on how 
best to use Next Generation 9–1–1 and on its 
capabilities and usefulness; and 
‘‘(E) administrative costs associated with 
planning and implementation of Next Genera-
tion 9–1–1, including costs related to planning 
for and preparing an application and related 
materials as required by this section, if— 
‘‘(i) such costs are fully documented 
in materials submitted to the Office; and 
‘‘(ii) such costs are reasonable and 
necessary and do not exceed 5 percent of 
the total grant award. 
‘‘(2) MATCHING REQUIREMENT.—The Federal 
share of the cost of a project eligible for a grant 
under this section shall not exceed 80 percent. 
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‘‘(3) COORDINATION REQUIRED.—In providing 
grants under paragraph (1), the Assistant Secretary 
and the Administrator shall require an eligible entity 
to certify in its application that— 
‘‘(A) in the case of an eligible entity that 
is a State, the entity— 
‘‘(i) has coordinated the application 
with the emergency communications cen-
ters located within the jurisdiction of such 
entity; 
‘‘(ii) has designated a single officer or 
governmental body to serve as the State 
point of contact to coordinate the imple-
mentation of Next Generation 9–1–1 for 
that State, except that such designation 
need not vest such coordinator with direct 
legal authority to implement Next Genera-
tion 9–1–1 or to manage emergency com-
munications operations; and 
‘‘(iii) has developed and submitted a 
State plan for the coordination and imple-
mentation of Next Generation 9–1–1 
that— 
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‘‘(bb) consults and coordi-
nates with the State point of con-
tact required by clause (ii); or 
‘‘(B) in the case of an eligible entity that 
is not a State, the entity has complied with 
clauses (i) and (iii) of subparagraph (A), and 
the State in which the entity is located has 
complied with clause (ii) of such subparagraph. 
‘‘(4) CRITERIA.— 
‘‘(A) IN
GENERAL.—Not later than 9 
months after the date of enactment of this sec-
tion, the Assistant Secretary and the Adminis-
trator shall issue regulations, after providing 
the public with notice and an opportunity to 
comment, prescribing the criteria for selection 
for grants under this section. 
‘‘(B) 
REQUIREMENTS.—The 
criteria 
shall— 
‘‘(i) include performance requirements 
and a schedule for completion of any 
project to be financed by a grant under 
this section; and 
‘‘(ii) specifically permit regional or 
multi-State applications for funds. 
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‘‘(C) UPDATES.—The Assistant Secretary 
and the Administrator shall update such regula-
tions as necessary. 
‘‘(5) GRANT CERTIFICATIONS.—Each applicant 
for a grant under this section shall certify to the As-
sistant Secretary and the Administrator at the time 
of application, and each applicant that receives such 
a grant shall certify to the Assistant Secretary and 
the Administrator annually thereafter during any pe-
riod of time the funds from the grant are available 
to the applicant, that— 
‘‘(A) no portion of any designated 9–1–1 
charges imposed by a State or other taxing ju-
risdiction within which the applicant is located 
are being obligated or expended for any purpose 
other than the purposes for which such charges 
are designated or presented during the period 
beginning 180 days immediately preceding the 
date on which the application was filed and con-
tinuing through the period of time during which 
the funds from the grant are available to the 
applicant; 
‘‘(B) any funds received by the applicant 
will be used to support deployment of Next 
Generation 9–1–1 that ensures interoperability 
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by requiring the use of commonly accepted 
standards; 
‘‘(C) the State in which the applicant re-
sides has established, or has committed to es-
tablish no later than 3 years following the date 
on which the funds are distributed to the appli-
cant, a sustainable funding mechanism for Next 
Generation 9–1–1 to be deployed pursuant to 
the grant; 
‘‘(D) the applicant will promote interoper-
ability between Next Generation 9–1–1 emer-
gency communications centers and emergency 
response providers including users of the na-
tionwide public safety broadband network im-
plemented by the First Responder Network Au-
thority; 
‘‘(E) the applicant has or will take steps to 
coordinate with adjoining States to establish 
and maintain Next Generation 9–1–1; and 
‘‘(F) the applicant has developed a plan for 
public outreach and education on how to best 
use Next Generation 9–1–1 and on its capabili-
ties and usefulness. 
‘‘(6) CONDITION
OF
GRANT.—Each applicant 
for a grant under this section shall agree, as a con-
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dition of receipt of the grant, that if the State or 
other taxing jurisdiction within which the applicant 
is located, during any period of time during which 
the funds from the grant are available to the appli-
cant, fails to comply with the certifications required 
under paragraph (5), all of the funds from such 
grant shall be returned to the Office. 
‘‘(7) PENALTY FOR PROVIDING FALSE INFOR-
MATION.—Any applicant that provides a certification 
under paragraph (5) knowing that the information 
provided in the certification was false shall— 
‘‘(A) not be eligible to receive the grant 
under this subsection; 
‘‘(B) return any grant awarded under this 
subsection during the time that the certification 
was not valid; and 
‘‘(C) not be eligible to receive any subse-
quent grants under this subsection. 
‘‘(8) PROHIBITION.—No grant funds under this 
subsection may be used— 
‘‘(A) for any component of the Nationwide 
Public Safety Broadband Network; or 
‘‘(B) to make any payments to a person 
who has been, for reasons of national security, 
prohibited by any entity of the Federal Govern-
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ment from bidding on a contract, participating 
in an auction, or receiving a grant. 
‘‘(c) FUNDING AND TERMINATION.— 
‘‘(1) IN GENERAL.—In addition to any funds 
authorized for grants under section 158, there is au-
thorized to be appropriated $12,000,000,000 for fis-
cal years 2020 through 2024. 
‘‘(2) ADMINISTRATIVE COSTS.—The Office may 
use up to 5 percent of the funds authorized under 
this subsection for reasonable and necessary admin-
istrative costs associated with the grant program. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) 9–1–1 REQUEST FOR EMERGENCY ASSIST-
ANCE.—The term ‘9–1–1 request for emergency as-
sistance’ means a communication, such as voice, 
text, picture, multimedia, or any other type of data 
that is sent to an emergency communications center 
for the purpose of requesting emergency assistance. 
‘‘(2) COMMONLY ACCEPTED STANDARDS.—The 
term ‘commonly accepted standards’ means— 
‘‘(A) the technical standards followed by 
the communications industry for network, de-
vice, and Internet Protocol connectivity, includ-
ing but not limited to, standards developed by 
the Third Generation Partnership Project 
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(3GPP), the Institute of Electrical and Elec-
tronics Engineers (IEEE), the Alliance for 
Telecommunications Industry Solutions (ATIS), 
the Internet Engineering Taskforce (IETF), 
and 
the 
International 
Telecommunications 
Union (ITU); and 
‘‘(B) standards that are accredited by a 
recognized authority such as the American Na-
tional Standards Institute (ANSI). 
‘‘(3) DESIGNATED 9–1–1 CHARGES.—The term 
‘designated 9–1–1 charges’ means any taxes, fees, or 
other charges imposed by a State or other taxing ju-
risdiction that are designated or presented as dedi-
cated to deliver or improve 9–1–1 services, E9–1–1 
services, or Next Generation 9–1–1. 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’— 
‘‘(A) means a State, local government, or 
a tribal organization (as defined in section 4(l) 
of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l))); 
‘‘(B) includes public authorities, boards, 
commissions, and similar bodies created by one 
or more eligible entities described in subpara-
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‘‘(D) Analyze any communications received 
from emergency response providers. 
‘‘(E) Support incident command functions. 
‘‘(6) EMERGENCY RESPONSE PROVIDER.—The 
term ‘emergency response provider’ has the meaning 
given that term under section 2 of the Homeland Se-
curity Act (47 U.S.C. 101(6)), emergency response 
providers includes Federal, State, and local govern-
mental and nongovernmental emergency public safe-
ty, fire, law enforcement, emergency response, emer-
gency medical (including hospital emergency facili-
ties), and related personnel, agencies, and authori-
ties). 
‘‘(7) INTEROPERABLE.—The term ‘interoper-
able’ or ‘interoperability’ means the capability of 
emergency communications centers to receive 9–1–1 
requests for emergency assistance and related data 
such as location information and callback numbers 
from the public, then process and share the 9–1–1 
requests for emergency assistance and related data 
with other emergency communications centers and 
emergency response providers, regardless of jurisdic-
tion, equipment, device, software, service provider, or 
other relevant factors, and without the need for pro-
prietary interfaces. 
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‘‘(8) NATIONWIDE.—The term ‘nationwide’ 
means all States of the United States, the District 
of Columbia, Puerto Rico, American Samoa, Guam, 
the United States Virgin Islands, the Northern Mar-
iana Islands, any other territory or possession of the 
United States, and each federally recognized Indian 
tribe. 
‘‘(9) NATIONWIDE PUBLIC SAFETY BROADBAND 
NETWORK.—The term ‘nationwide public safety 
broadband network’ has the meaning given the term 
in section 6001 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1401). 
‘‘(10) NEXT
GENERATION
9–1–1.—The term 
‘Next Generation 9–1–1’ means an interoperable, se-
cure, Internet Protocol-based system that— 
‘‘(A) employs commonly accepted stand-
ards; 
‘‘(B) enables the appropriate emergency 
communications centers to receive, process, and 
analyze all types of 9–1–1 requests for emer-
gency assistance; 
‘‘(C) acquires and integrates additional in-
formation useful to handling 9–1–1 requests for 
emergency assistance; and 
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‘‘(D) supports sharing information related 
to 9–1–1 requests for emergency assistance 
among emergency communications centers and 
emergency response providers. 
‘‘(11) OFFICE.—The term ‘Office’ means the 
Next Generation 9–1–1 Implementation Coordina-
tion Office established under section 158 of this 
title. 
‘‘(12) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, American Samoa, Guam, the United 
States Virgin Islands, the Northern Mariana Is-
lands, and any other territory or possession of the 
United States. 
‘‘(13) SUSTAINABLE
FUNDING
MECHANISM.— 
The term ‘sustainable funding mechanism’ means a 
funding mechanism that provides adequate revenues 
to cover ongoing expenses, including operations, 
maintenance, and upgrades.’’. 
SEC. 12006. SAVINGS PROVISION. 
Nothing in this subtitle or any amendment made by 
this subtitle shall affect any application pending or grant 
awarded under section 158 of the National Telecommuni-
cations and Information Administration Organization Act 
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(47 U.S.C. 942) prior to date of the enactment of this 
Act. 
Subtitle C—Broadband Infrastruc-
ture Finance and Innovation 
SEC. 13001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Broadband Infra-
structure Finance and Innovation Act of 2019’’. 
SEC. 13002. DEFINITIONS. 
In this subtitle: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(2) BIFIA PROGRAM.—The term ‘‘BIFIA pro-
gram’’ means the broadband infrastructure finance 
and innovation program established under this sub-
title. 
(3) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’— 
(A) means broadband internet access serv-
ice that is a mass-market retail service, or a 
service provided to an entity described in para-
graph (12)(B)(ii), by wire or radio that pro-
vides the capability to transmit data to and re-
ceive data from all or substantially all internet 
endpoints, including any capabilities that are 
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incidental to and enable the operation of the 
communications service; 
(B) includes any service that is a func-
tional equivalent of the service described in sub-
paragraph (A); and 
(C) does not include dial-up internet access 
service. 
(4) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’ means amounts substantially all 
of which are paid by, or for the account of, an obli-
gor in connection with a project, including the cost 
of— 
(A) development phase activities, including 
planning, feasibility analysis, revenue fore-
casting, environmental review, historic preserva-
tion review, permitting, preliminary engineering 
and design work, and other preconstruction ac-
tivities; 
(B) construction and deployment phase ac-
tivities, including— 
(i) construction, reconstruction, reha-
bilitation, replacement, and acquisition of 
real property (including land relating to 
the project and improvements to land), 
equipment, instrumentation, networking 
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capability, hardware and software, and dig-
ital network technology; 
(ii) environmental mitigation; and 
(iii) construction contingencies; and 
(C) capitalized interest necessary to meet 
market requirements, reasonably required re-
serve funds, capital issuance expenses, and 
other carrying costs during construction and 
deployment. 
(5) FEDERAL CREDIT INSTRUMENT.—The term 
‘‘Federal credit instrument’’ means a secured loan, 
loan guarantee, or line of credit authorized to be 
made available under the BIFIA program with re-
spect to a project. 
(6) INVESTMENT-GRADE
RATING.—The term 
‘‘investment-grade rating’’ means a rating of BBB 
minus, Baa3, bbb minus, BBB (low), or higher as-
signed by a rating agency to project obligations. 
(7) LENDER.—The term ‘‘lender’’ means any 
non-Federal qualified institutional buyer (as defined 
in section 230.144A(a) of title 17, Code of Federal 
Regulations (or any successor regulation), known as 
Rule 144A(a) of the Securities and Exchange Com-
mission and issued under the Securities Act of 1933 
(15 U.S.C. 77a et seq.)), including— 
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(A) a qualified retirement plan (as defined 
in section 4974(c) of the Internal Revenue Code 
of 1986) that is a qualified institutional buyer; 
and 
(B) a governmental plan (as defined in 
section 414(d) of the Internal Revenue Code of 
1986) that is a qualified institutional buyer. 
(8) LETTER OF INTEREST.—The term ‘‘letter 
of interest’’ means a letter submitted by a potential 
applicant prior to an application for credit assistance 
in a format prescribed by the Assistant Secretary on 
the website of the BIFIA program that— 
(A) describes the project and the location, 
purpose, and cost of the project; 
(B) outlines the proposed financial plan, 
including the requested credit assistance and 
the proposed obligor; 
(C) provides a status of environmental re-
view; and 
(D) provides information regarding satis-
faction of other eligibility requirements of the 
BIFIA program. 
(9) LINE OF CREDIT.—The term ‘‘line of cred-
it’’ means an agreement entered into by the Assist-
ant Secretary with an obligor under section 13005 
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to provide a direct loan at a future date upon the 
occurrence of certain events. 
(10) LOAN GUARANTEE.—The term ‘‘loan guar-
antee’’ means any guarantee or other pledge by the 
Assistant Secretary to pay all or part of the prin-
cipal of and interest on a loan or other debt obliga-
tion issued by an obligor and funded by a lender. 
(11) OBLIGOR.—The term ‘‘obligor’’ means a 
party that— 
(A) is primarily liable for payment of the 
principal of or interest on a Federal credit in-
strument; and 
(B) may be a corporation, company, part-
nership, joint venture, trust, or governmental 
entity, agency, or instrumentality. 
(12) PROJECT.—The term ‘‘project’’ means a 
project— 
(A) to construct and deploy infrastructure 
for the provision of broadband service; and 
(B) that the Assistant Secretary deter-
mines will— 
(i) provide access or improved access 
to broadband service to consumers residing 
in areas of the United States that have no 
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access to broadband service or do not have 
access to broadband service offered— 
(I) with a download speed of at 
least 25 megabits per second; 
(II) with an upload speed of at 
least 3 megabits per second; and 
(III) with latency that is suffi-
ciently low to allow real-time, inter-
active applications; or 
(ii) provide access or improved access 
to broadband service to— 
(I) schools, libraries, medical and 
healthcare providers, community col-
leges and other institutions of higher 
education, and other community sup-
port organizations and entities to fa-
cilitate greater use of broadband serv-
ice by or through such organizations; 
(II) organizations and agencies 
that provide outreach, access, equip-
ment, and support services to facili-
tate greater use of broadband service 
by low-income, unemployed, aged, and 
otherwise vulnerable populations; 
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(III) job-creating strategic facili-
ties located within a State-designated 
economic zone, Economic Develop-
ment District designated by the De-
partment 
of 
Commerce, 
Renewal 
Community or Empowerment Zone 
designated by the Department of 
Housing and Urban Development, or 
Enterprise Community designated by 
the Department of Agriculture; or 
(IV) public safety agencies. 
(13) 
PROJECT
OBLIGATION.—The 
term 
‘‘project obligation’’ means any note, bond, deben-
ture, or other debt obligation issued by an obligor in 
connection with the financing of a project, other 
than a Federal credit instrument. 
(14) PUBLIC
AUTHORITY.—The term ‘‘public 
authority’’ means a Federal, State, county, town, or 
township, Indian Tribe, municipal or other local gov-
ernment or instrumentality with authority to fi-
nance, build, operate, or maintain infrastructure for 
the provision of broadband service. 
(15) RATING AGENCY.—The term ‘‘rating agen-
cy’’ means a credit rating agency registered with the 
Securities and Exchange Commission as a nationally 
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recognized statistical rating organization (as defined 
in section 3(a) of the Securities Exchange Act of 
1934 (15 U.S.C. 78c(a))). 
(16) SECURED
LOAN.—The term ‘‘secured 
loan’’ means a direct loan or other debt obligation 
issued by an obligor and funded by the Assistant 
Secretary in connection with the financing of a 
project under section 13004. 
(17) 
SMALL
PROJECT.—The 
term 
‘‘small 
project’’ means a project having eligible project costs 
that are reasonably anticipated not to equal or ex-
ceed $20,000,000. 
(18) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
(19) SUBSIDY
AMOUNT.—The term ‘‘subsidy 
amount’’ means the amount of budget authority suf-
ficient to cover the estimated long-term cost to the 
Federal Government of a Federal credit instru-
ment— 
(A) calculated on a net present value basis; 
and 
(B) excluding administrative costs and any 
incidental effects on governmental receipts or 
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outlays in accordance with the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661 et seq.). 
(20) SUBSTANTIAL
COMPLETION.—The term 
‘‘substantial completion’’ means, with respect to a 
project receiving credit assistance under the BIFIA 
program— 
(A) the commencement of the provision of 
broadband service using the infrastructure 
being financed; or 
(B) a comparable event, as determined by 
the Assistant Secretary and specified in the 
credit agreement. 
SEC. 
13003. 
DETERMINATION 
OF 
ELIGIBILITY 
AND 
PROJECT SELECTION. 
(a) ELIGIBILITY.— 
(1) IN GENERAL.—A project shall be eligible to 
receive credit assistance under the BIFIA program 
if— 
(A) the entity proposing to carry out the 
project submits a letter of interest prior to sub-
mission of a formal application for the project; 
and 
(B) the project meets the criteria described 
in this subsection. 
(2) CREDITWORTHINESS.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (B), to be eligible for assistance 
under the BIFIA program, a project shall sat-
isfy 
applicable 
creditworthiness 
standards, 
which, at a minimum, shall include— 
(i) adequate coverage requirements to 
ensure repayment; 
(ii) an investment-grade rating from 
at least 2 rating agencies on debt senior to 
the Federal credit instrument; and 
(iii) a rating from at least 2 rating 
agencies on the Federal credit instrument. 
(B) SMALL
PROJECTS.—In order for a 
small project to be eligible for assistance under 
the BIFIA program, such project shall satisfy 
alternative creditworthiness standards that shall 
be established by the Assistant Secretary under 
section 13006 for purposes of this paragraph. 
(3) APPLICATION.—A State, local government, 
agency or instrumentality of a State or local govern-
ment, public authority, public-private partnership, or 
any other legal entity undertaking the project and 
authorized by the Assistant Secretary shall submit a 
project application that is acceptable to the Assist-
ant Secretary. 
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(4) ELIGIBLE PROJECT COST PARAMETERS FOR 
INFRASTRUCTURE PROJECTS.—Eligible project costs 
shall be reasonably anticipated to equal or exceed 
$2,000,000 in the case of a project or program of 
projects— 
(A) in which the applicant is a local gov-
ernment, instrumentality of local government, 
or public authority (other than a public author-
ity that is a Federal or State government or in-
strumentality); 
(B) located on a facility owned by a local 
government; or 
(C) for which the Assistant Secretary de-
termines that a local government is substan-
tially involved in the development of the project. 
(5) DEDICATED REVENUE SOURCES.—The ap-
plicable Federal credit instrument shall be repayable, 
in whole or in part, from— 
(A) amounts charged to— 
(i) subscribers of broadband service 
for such service; or 
(ii) subscribers of any related service 
provided over the same infrastructure for 
such related service; 
(B) user fees; 
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(C) payments owing to the obligor under a 
public-private partnership; or 
(D) other dedicated revenue sources that 
also secure or fund the project obligations. 
(6) APPLICATIONS WHERE OBLIGOR WILL BE 
IDENTIFIED
LATER.—A State, local government, 
agency or instrumentality of a State or local govern-
ment, or public authority may submit to the Assist-
ant Secretary an application under paragraph (3), 
under which a private party to a public-private part-
nership will be— 
(A) the obligor; and 
(B) identified later through completion of 
a procurement and selection of the private 
party. 
(7) BENEFICIAL EFFECTS.—The Assistant Sec-
retary shall determine that financial assistance for 
the project under the BIFIA program will— 
(A) foster, if appropriate, partnerships 
that attract public and private investment for 
the project; 
(B) enable the project to proceed at an 
earlier date than the project would otherwise be 
able to proceed or reduce the lifecycle costs (in-
cluding debt service costs) of the project; and 
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(C) reduce the contribution of Federal 
grant assistance for the project. 
(8) PROJECT READINESS.—To be eligible for 
assistance under the BIFIA program, the applicant 
shall demonstrate a reasonable expectation that the 
contracting process for the construction and deploy-
ment 
of 
infrastructure 
for 
the 
provision 
of 
broadband service through the project can commence 
by no later than 90 days after the date on which a 
Federal credit instrument is obligated for the project 
under the BIFIA program. 
(b) SELECTION AMONG ELIGIBLE PROJECTS.— 
(1) ESTABLISHMENT
OF
APPLICATION
PROC-
ESS.—The Assistant Secretary shall establish a roll-
ing application process under which projects that are 
eligible to receive credit assistance under subsection 
(a) shall receive credit assistance on terms accept-
able to the Assistant Secretary, if adequate funds 
are available to cover the subsidy costs associated 
with the Federal credit instrument. 
(2) PRELIMINARY RATING OPINION LETTER.— 
The Assistant Secretary shall require each project 
applicant to provide— 
(A) a preliminary rating opinion letter 
from at least 1 rating agency— 
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(i) indicating that the senior obliga-
tions of the project, which may be the Fed-
eral credit instrument, have the potential 
to achieve an investment-grade rating; and 
(ii) including a preliminary rating 
opinion on the Federal credit instrument; 
or 
(B) in the case of a small project, alter-
native documentation that the Assistant Sec-
retary shall require in the standards established 
under section 13006 for purposes of this para-
graph. 
(3) TECHNOLOGY NEUTRALITY REQUIRED.—In 
selecting projects to receive credit assistance under 
the BIFIA program, the Assistant Secretary may 
not favor a project using any particular technology. 
(c) FEDERAL REQUIREMENTS.— 
(1) IN GENERAL.—The following provisions of 
law shall apply to funds made available under the 
BIFIA program and projects assisted with those 
funds: 
(A) Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.). 
(B) The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
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(C) 54 U.S.C. 300101 et seq. (commonly 
referred to as the ‘‘National Historic Preserva-
tion Act’’). 
(D) The Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.). 
(2) NEPA.—No funding shall be obligated for 
a project that has not received an environmental cat-
egorical exclusion, a finding of no significant impact, 
or a record of decision under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(3) TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964.—For purposes of title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d et seq.), any project 
that receives credit assistance under the BIFIA pro-
gram shall be considered a program or activity with-
in the meaning of section 606 of such title (42 
U.S.C. 2000d–4a). 
(d) APPLICATION PROCESSING PROCEDURES.— 
(1) NOTICE OF COMPLETE APPLICATION.—Not 
later than 30 days after the date of receipt of an ap-
plication under this section, the Assistant Secretary 
shall provide to the applicant a written notice to in-
form the applicant whether— 
(A) the application is complete; or 
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(B) additional information or materials are 
needed to complete the application. 
(2) APPROVAL OR DENIAL OF APPLICATION.— 
Not later than 60 days after the date of issuance of 
the written notice under paragraph (1), the Assist-
ant Secretary shall provide to the applicant a writ-
ten notice informing the applicant whether the As-
sistant Secretary has approved or disapproved the 
application. 
(3) APPROVAL BEFORE NEPA REVIEW.—Subject 
to subsection (c)(2), an application for a project may 
be approved before the project receives an environ-
mental categorical exclusion, a finding of no signifi-
cant impact, or a record of decision under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(e) DEVELOPMENT PHASE ACTIVITIES.—Any credit 
instrument secured under the BIFIA program may be 
used to finance up to 100 percent of the cost of develop-
ment phase activities as described in section 13002(4)(A). 
SEC. 13004. SECURED LOANS. 
(a) IN GENERAL.— 
(1) AGREEMENTS.—Subject to paragraphs (2) 
and (3), the Assistant Secretary may enter into 
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agreements with one or more obligors to make se-
cured loans, the proceeds of which shall be used— 
(A) to finance eligible project costs of any 
project selected under section 13003; 
(B) to refinance interim construction fi-
nancing of eligible project costs of any project 
selected under section 13003; or 
(C) to refinance long-term project obliga-
tions or Federal credit instruments, if the refi-
nancing provides additional funding capacity for 
the completion, enhancement, or expansion of 
any project that— 
(i) is selected under section 13003; or 
(ii) otherwise meets the requirements 
of section 13003. 
(2) LIMITATION ON REFINANCING OF INTERIM 
CONSTRUCTION
FINANCING.—A loan under para-
graph (1) shall not refinance interim construction fi-
nancing under paragraph (1)(B)— 
(A) if the maturity of such interim con-
struction financing is later than 1 year after 
the substantial completion of the project; and 
(B) later than 1 year after the date of sub-
stantial completion of the project. 
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(3) RISK
ASSESSMENT.—Before entering into 
an agreement under this subsection, the Assistant 
Secretary, in consultation with the Director of the 
Office of Management and Budget, shall determine 
an appropriate capital reserve subsidy amount for 
each secured loan, taking into account each rating 
letter provided by a rating agency under section 
13003(b)(2)(A)(ii) or, in the case of a small project, 
the alternative documentation provided under section 
13003(b)(2)(B). 
(b) TERMS AND LIMITATIONS.— 
(1) IN GENERAL.—A secured loan under this 
section with respect to a project shall be on such 
terms and conditions and contain such covenants, 
representations, warranties, and requirements (in-
cluding requirements for audits) as the Assistant 
Secretary determines to be appropriate. 
(2) MAXIMUM AMOUNT.—The amount of a se-
cured loan under this section shall not exceed the 
lesser of 49 percent of the reasonably anticipated eli-
gible project costs or, if the secured loan is not for 
a small project and does not receive an investment- 
grade rating, the amount of the senior project obli-
gations. 
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(3) PAYMENT.—A secured loan under this sec-
tion— 
(A) shall— 
(i) be payable, in whole or in part, 
from— 
(I) amounts charged to— 
(aa) 
subscribers 
of 
broadband service for such serv-
ice; or 
(bb) subscribers of any re-
lated service provided over the 
same infrastructure for such re-
lated service; 
(II) user fees; 
(III) payments owing to the obli-
gor under a public-private partner-
ship; or 
(IV) other dedicated revenue 
sources that also secure the senior 
project obligations; and 
(ii) include a coverage requirement or 
similar security feature supporting the 
project obligations; and 
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(B) may have a lien on revenues described 
in subparagraph (A), subject to any lien secur-
ing project obligations. 
(4) INTEREST RATE.—The interest rate on a 
secured loan under this section shall be not less than 
the yield on United States Treasury securities of a 
similar maturity to the maturity of the secured loan 
on the date of execution of the loan agreement. 
(5) MATURITY DATE.—The final maturity date 
of the secured loan shall be the lesser of— 
(A) 35 years after the date of substantial 
completion of the project; and 
(B) if the useful life of the infrastructure 
for the provision of broadband service being fi-
nanced is of a lesser period, the useful life of 
the infrastructure. 
(6) NONSUBORDINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the secured loan shall not be 
subordinated to the claims of any holder of 
project obligations in the event of bankruptcy, 
insolvency, or liquidation of the obligor. 
(B) PREEXISTING INDENTURE.— 
(i) IN GENERAL.—The Assistant Sec-
retary shall waive the requirement under 
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(I) the maximum credit subsidy 
to be paid by the Federal Government 
shall be not more than 10 percent of 
the principal amount of the secured 
loan; and 
(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy cost, if any. 
(7) FEES.—The Assistant Secretary may estab-
lish fees at a level sufficient to cover all or a portion 
of the costs to the Federal Government of making 
a secured loan under this section. 
(8) NON-FEDERAL SHARE.—The proceeds of a 
secured loan under the BIFIA program, if the loan 
is repayable from non-Federal funds— 
(A) may be used for any non-Federal share 
of project costs required under this subtitle; 
and 
(B) shall not count toward the total Fed-
eral assistance provided for a project for pur-
poses of paragraph (9). 
(9) MAXIMUM
FEDERAL
INVOLVEMENT.—The 
total Federal assistance provided for a project re-
ceiving a loan under the BIFIA program shall not 
exceed 80 percent of the total project cost. 
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(c) REPAYMENT.— 
(1) SCHEDULE.—The Assistant Secretary shall 
establish a repayment schedule for each secured loan 
under this section based on— 
(A) the projected cash flow from project 
revenues and other repayment sources; and 
(B) the useful life of the infrastructure for 
the provision of broadband service being fi-
nanced. 
(2) COMMENCEMENT.—Scheduled loan repay-
ments of principal or interest on a secured loan 
under this section shall commence not later than 5 
years after the date of substantial completion of the 
project. 
(3) DEFERRED PAYMENTS.— 
(A) IN GENERAL.—If, at any time after 
the date of substantial completion of the 
project, the project is unable to generate suffi-
cient revenues to pay the scheduled loan repay-
ments of principal and interest on the secured 
loan, the Assistant Secretary may, subject to 
subparagraph (C), allow the obligor to add un-
paid principal and interest to the outstanding 
balance of the secured loan. 
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(B) INTEREST.—Any payment deferred 
under subparagraph (A) shall— 
(i) continue to accrue interest in ac-
cordance with subsection (b)(4) until fully 
repaid; and 
(ii) be scheduled to be amortized over 
the remaining term of the loan. 
(C) CRITERIA.— 
(i) IN GENERAL.—Any payment defer-
ral under subparagraph (A) shall be con-
tingent on the project meeting criteria es-
tablished by the Assistant Secretary. 
(ii) REPAYMENT
STANDARDS.—The 
criteria established pursuant to clause (i) 
shall include standards for reasonable as-
surance of repayment. 
(4) PREPAYMENT.— 
(A) USE OF EXCESS REVENUES.—Any ex-
cess revenues that remain after satisfying 
scheduled debt service requirements on the 
project obligations and secured loan and all de-
posit requirements under the terms of any trust 
agreement, bond resolution, or similar agree-
ment securing project obligations may be ap-
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plied annually to prepay the secured loan with-
out penalty. 
(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—The secured loan may be prepaid at 
any time without penalty from the proceeds of 
refinancing from non-Federal funding sources. 
(d) SALE OF SECURED LOANS.— 
(1) IN GENERAL.—Subject to paragraph (2), as 
soon as practicable after substantial completion of a 
project and after notifying the obligor, the Assistant 
Secretary may sell to another entity or reoffer into 
the capital markets a secured loan for the project if 
the Assistant Secretary determines that the sale or 
reoffering can be made on favorable terms. 
(2) CONSENT OF OBLIGOR.—In making a sale 
or reoffering under paragraph (1), the Assistant 
Secretary may not change the original terms and 
conditions of the secured loan without the written 
consent of the obligor. 
(e) LOAN GUARANTEES.— 
(1) IN
GENERAL.—The Assistant Secretary 
may provide a loan guarantee to a lender in lieu of 
making a secured loan under this section if the As-
sistant Secretary determines that the budgetary cost 
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of the loan guarantee is substantially the same as 
that of a secured loan. 
(2) TERMS.—The terms of a loan guarantee 
under paragraph (1) shall be consistent with the 
terms required under this section for a secured loan, 
except that the rate on the guaranteed loan and any 
prepayment features shall be negotiated between the 
obligor and the lender, with the consent of the As-
sistant Secretary. 
(f) STREAMLINED APPLICATION PROCESS.— 
(1) IN
GENERAL.—The Assistant Secretary 
shall develop one or more expedited application proc-
esses, available at the request of entities seeking se-
cured loans under the BIFIA program, that use a 
set or sets of conventional terms established pursu-
ant to this section. 
(2) TERMS.—In establishing the streamlined 
application process required by this subsection, the 
Assistant Secretary may allow for an expedited ap-
plication period and include terms such as those that 
require— 
(A) that the project be a small project; 
(B) the secured loan to be secured and 
payable from pledged revenues not affected by 
project performance, such as a tax-backed rev-
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enue pledge, tax increment financing, or a sys-
tem-backed pledge of project revenues; and 
(C) repayment of the loan to commence 
not later than 5 years after disbursement. 
SEC. 13005. LINES OF CREDIT. 
(a) IN GENERAL.— 
(1) AGREEMENTS.—Subject to paragraphs (2) 
through (4), the Assistant Secretary may enter into 
agreements to make available to one or more obli-
gors lines of credit in the form of direct loans to be 
made by the Assistant Secretary at future dates on 
the occurrence of certain events for any project se-
lected under section 13003. 
(2) USE OF PROCEEDS.—The proceeds of a line 
of credit made available under this section shall be 
available to pay debt service on project obligations 
issued to finance eligible project costs, extraordinary 
repair and replacement costs, operation and mainte-
nance expenses, and costs associated with unex-
pected Federal or State environmental restrictions. 
(3) RISK ASSESSMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), before entering into an 
agreement under this subsection, the Assistant 
Secretary, in consultation with the Director of 
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the Office of Management and Budget and each 
rating agency providing a preliminary rating 
opinion letter under section 13003(b)(2)(A), 
shall determine an appropriate capital reserve 
subsidy amount for each line of credit, taking 
into account the rating opinion letter. 
(B) SMALL
PROJECTS.—Before entering 
into an agreement under this subsection to 
make available a line of credit for a small 
project, the Assistant Secretary, in consultation 
with the Director of the Office of Management 
and Budget, shall determine an appropriate 
capital reserve subsidy amount for each such 
line of credit, taking into account the alter-
native documentation provided under section 
13003(b)(2)(B) instead of preliminary rating 
opinion 
letters 
provided 
under 
section 
13003(b)(2)(A). 
(4) 
INVESTMENT-GRADE
RATING
REQUIRE-
MENT.—The funding of a line of credit under this 
section shall be contingent on— 
(A) the senior obligations of the project re-
ceiving an investment-grade rating from 2 rat-
ing agencies; or 
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(B) in the case of a small project, the 
project meeting an alternative standard that the 
Assistant Secretary shall establish under section 
13006 for purposes of this paragraph. 
(b) TERMS AND LIMITATIONS.— 
(1) IN GENERAL.—A line of credit under this 
section with respect to a project shall be on such 
terms and conditions and contain such covenants, 
representations, warranties, and requirements (in-
cluding requirements for audits) as the Assistant 
Secretary determines to be appropriate. 
(2) MAXIMUM AMOUNTS.—The total amount of 
a line of credit under this section shall not exceed 
33 percent of the reasonably anticipated eligible 
project costs. 
(3) DRAWS.—Any draw on a line of credit 
under this section shall— 
(A) represent a direct loan; and 
(B) be made only if net revenues from the 
project (including capitalized interest, but not 
including reasonably required financing re-
serves) are insufficient to pay the costs speci-
fied in subsection (a)(2). 
(4) INTEREST RATE.—The interest rate on a 
direct loan resulting from a draw on the line of cred-
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it shall be not less than the yield on 30-year United 
States Treasury securities, as of the date of execu-
tion of the line of credit agreement. 
(5) SECURITY.—A line of credit issued under 
this section— 
(A) shall— 
(i) be payable, in whole or in part, 
from— 
(I) amounts charged to— 
(aa) 
subscribers 
of 
broadband service for such serv-
ice; or 
(bb) subscribers of any re-
lated service provided over the 
same infrastructure for such re-
lated service; 
(II) user fees; 
(III) payments owing to the obli-
gor under a public-private partner-
ship; or 
(IV) other dedicated revenue 
sources that also secure the senior 
project obligations; and 
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(ii) include a coverage requirement or 
similar security feature supporting the 
project obligations; and 
(B) may have a lien on revenues described 
in subparagraph (A), subject to any lien secur-
ing project obligations. 
(6) 
PERIOD
OF
AVAILABILITY.—The 
full 
amount of a line of credit under this section, to the 
extent not drawn upon, shall be available during the 
10-year period beginning on the date of substantial 
completion of the project. 
(7) RIGHTS OF THIRD-PARTY CREDITORS.— 
(A) AGAINST FEDERAL GOVERNMENT.—A 
third-party creditor of the obligor shall not have 
any right against the Federal Government with 
respect to any draw on a line of credit under 
this section. 
(B) ASSIGNMENT.—An obligor may assign 
a line of credit under this section to— 
(i) one or more lenders; or 
(ii) a trustee on the behalf of such a 
lender. 
(8) NONSUBORDINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a direct loan under this sec-
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tion shall not be subordinated to the claims of 
any holder of project obligations in the event of 
bankruptcy, insolvency, or liquidation of the ob-
ligor. 
(B) PRE-EXISTING INDENTURE.— 
(i) IN GENERAL.—The Assistant Sec-
retary shall waive the requirement of sub-
paragraph (A) for a public agency bor-
rower that is financing ongoing capital 
programs and has outstanding senior 
bonds under a preexisting indenture, if— 
(I) the line of credit— 
(aa) is rated in the A cat-
egory or higher; or 
(bb) in the case of a small 
project, 
meets 
an 
alternative 
standard that the Assistant Sec-
retary shall establish under sec-
tion 13006 for purposes of this 
subclause; 
(II) the BIFIA program loan re-
sulting from a draw on the line of 
credit is payable from pledged reve-
nues not affected by project perform-
ance, such as a tax-backed revenue 
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pledge or a system-backed pledge of 
project revenues; and 
(III) the BIFIA program share 
of eligible project costs is 33 percent 
or less. 
(ii) LIMITATION.—If the Assistant 
Secretary waives the nonsubordination re-
quirement under this subparagraph— 
(I) the maximum credit subsidy 
to be paid by the Federal Government 
shall be not more than 10 percent of 
the principal amount of the secured 
loan; and 
(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy cost. 
(9) FEES.—The Assistant Secretary may estab-
lish fees at a level sufficient to cover all or a portion 
of the costs to the Federal Government of providing 
a line of credit under this section. 
(10) RELATIONSHIP TO OTHER CREDIT INSTRU-
MENTS.—A project that receives a line of credit 
under this section also shall not receive a secured 
loan or loan guarantee under section 13004 in an 
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amount that, combined with the amount of the line 
of credit, exceeds 49 percent of eligible project costs. 
(c) REPAYMENT.— 
(1) TERMS AND CONDITIONS.—The Assistant 
Secretary shall establish repayment terms and condi-
tions for each direct loan under this section based 
on— 
(A) the projected cash flow from project 
revenues and other repayment sources; and 
(B) the useful life of the infrastructure for 
the provision of broadband service being fi-
nanced. 
(2) TIMING.—All repayments of principal or in-
terest on a direct loan under this section shall be 
scheduled— 
(A) to commence not later than 5 years 
after the end of the period of availability speci-
fied in subsection (b)(6); and 
(B) to conclude, with full repayment of 
principal and interest, by the date that is 25 
years after the end of the period of availability 
specified in subsection (b)(6). 
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SEC. 13006. ALTERNATIVE PRUDENTIAL LENDING STAND-
ARDS FOR SMALL PROJECTS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Assistant Secretary shall establish 
alternative, streamlined prudential lending standards for 
small projects receiving credit assistance under the BIFIA 
program to ensure that such projects pose no additional 
risk to the Federal Government, as compared with 
projects that are not small projects. 
SEC. 13007. PROGRAM ADMINISTRATION. 
(a) REQUIREMENT.—The Assistant Secretary shall 
establish a uniform system to service the Federal credit 
instruments made available under the BIFIA program. 
(b) FEES.—The Assistant Secretary may collect and 
spend fees, contingent on authority being provided in ap-
propriations Acts, at a level that is sufficient to cover— 
(1) the costs of services of expert firms retained 
pursuant to subsection (d); and 
(2) all or a portion of the costs to the Federal 
Government of servicing the Federal credit instru-
ments. 
(c) SERVICER.— 
(1) IN
GENERAL.—The Assistant Secretary 
may appoint a financial entity to assist the Assistant 
Secretary in servicing the Federal credit instru-
ments. 
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(2) DUTIES.—A servicer appointed under para-
graph (1) shall act as the agent for the Assistant 
Secretary. 
(3) FEE.—A servicer appointed under para-
graph (1) shall receive a servicing fee, subject to ap-
proval by the Assistant Secretary. 
(d) ASSISTANCE FROM EXPERT FIRMS.—The Assist-
ant Secretary may retain the services of expert firms, in-
cluding counsel, in the field of municipal and project fi-
nance to assist in the underwriting and servicing of Fed-
eral credit instruments. 
(e) EXPEDITED PROCESSING.—The Assistant Sec-
retary shall implement procedures and measures to econo-
mize the time and cost involved in obtaining approval and 
the issuance of credit assistance under the BIFIA pro-
gram. 
(f) ASSISTANCE
TO
SMALL
PROJECTS.—Of the 
amount appropriated under section 13010(a), and after 
the set-aside for administrative expenses under section 
13010(b), not less than 20 percent shall be made available 
for the Assistant Secretary to use in lieu of fees collected 
under subsection (b) for small projects. 
SEC. 13008. STATE AND LOCAL PERMITS. 
The provision of credit assistance under the BIFIA 
program with respect to a project shall not— 
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(1) relieve any recipient of the assistance of any 
obligation to obtain any required State or local per-
mit or approval with respect to the project; 
(2) limit the right of any unit of State or local 
government to approve or regulate any rate of re-
turn on private equity invested in the project; or 
(3) otherwise supersede any State or local law 
(including any regulation) applicable to the construc-
tion or operation of the project. 
SEC. 13009. REGULATIONS. 
The Assistant Secretary may promulgate such regula-
tions as the Assistant Secretary determines to be appro-
priate to carry out the BIFIA program. 
SEC. 13010. FUNDING. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Assistant Sec-
retary to carry out this subtitle $5,000,000,000 for fiscal 
year 2020, to remain available until expended. 
(b) ADMINISTRATIVE EXPENSES.—Of the amount 
appropriated under subsection (a), the Assistant Secretary 
may use not more than 5 percent for the administration 
of the BIFIA program. 
SEC. 13011. REPORTS TO CONGRESS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, and every 2 years there-
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after, the Assistant Secretary shall submit to Congress a 
report summarizing the financial performance of the 
projects that are receiving, or have received, assistance 
under the BIFIA program, including a recommendation 
as to whether the objectives of the BIFIA program are 
best served by— 
(1) continuing the program under the authority 
of the Assistant Secretary; or 
(2) establishing a Federal corporation or feder-
ally sponsored enterprise to administer the program. 
(b) APPLICATION PROCESS REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter, the Assistant Secretary shall submit to 
the Committee on Energy and Commerce of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report that includes a list of all of the letters 
of interest and applications received for assistance 
under the BIFIA program during the preceding fis-
cal year. 
(2) INCLUSIONS.— 
(A) IN
GENERAL.—Each report under 
paragraph (1) shall include, at a minimum, a 
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description of, with respect to each letter of in-
terest and application included in the report— 
(i) the date on which the letter of in-
terest or application was received; 
(ii) the date on which a notification 
was provided to the applicant regarding 
whether the application was complete or 
incomplete; 
(iii) the date on which a revised and 
completed application was submitted (if 
applicable); 
(iv) the date on which a notification 
was provided to the applicant regarding 
whether the project was approved or dis-
approved; and 
(v) if the project was not approved, 
the reason for the disapproval. 
(B) 
CORRESPONDENCE.—Each 
report 
under paragraph (1) shall include copies of any 
correspondence provided to the applicant in ac-
cordance with section 13003(d). 
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TITLE II—DRINKING WATER 
INFRASTRUCTURE 
Subtitle A—PFAS Infrastructure 
Grant Program 
SEC. 21001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Providing Finan-
cial Assistance for Safe Drinking Water Act’’ or the 
‘‘PFAS Drinking Water Act’’. 
SEC. 21002. ESTABLISHMENT OF PFAS INFRASTRUCTURE 
GRANT PROGRAM. 
Part E of the Safe Drinking Water Act (42 U.S.C. 
300j et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYS-
TEMS AFFECTED BY PFAS. 
‘‘(a) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of this section, the Adminis-
trator shall establish a program to award grants to af-
fected community water systems to pay for capital costs 
associated with the implementation of eligible treatment 
technologies. 
‘‘(b) APPLICATIONS.— 
‘‘(1) GUIDANCE.—Not later than 12 months 
after the date of enactment of this section, the Ad-
ministrator shall publish guidance describing the 
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form and timing for community water systems to 
apply for grants under this section. 
‘‘(2) REQUIRED INFORMATION.—The Adminis-
trator shall require a community water system ap-
plying for a grant under this section to submit— 
‘‘(A) information showing the presence of 
PFAS in water of the community water system; 
and 
‘‘(B) a certification that the treatment 
technology in use by the community water sys-
tem at the time of application is not sufficient 
to remove all detectable amounts of PFAS. 
‘‘(c) 
LIST
OF
ELIGIBLE
TREATMENT
TECH-
NOLOGIES.—Not later than 150 days after the date of en-
actment of this section, and every two years thereafter, 
the Administrator shall publish a list of treatment tech-
nologies that the Administrator determines are effective 
at removing all detectable amounts of PFAS from drink-
ing water. 
‘‘(d) PRIORITY FOR FUNDING.—In awarding grants 
under this section, the Administrator shall prioritize af-
fected community water systems that— 
‘‘(1) serve a disadvantaged community; 
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‘‘(2) will provide at least a 10 percent cost 
share for the cost of implementing an eligible treat-
ment technology; or 
‘‘(3) demonstrate the capacity to maintain the 
eligible treatment technology to be implemented 
using the grant. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
not more than $500,000,000 for each of the fiscal years 
2020 through 2024. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— 
The term ‘affected community water system’ means 
a community water system that is affected by the 
presence of PFAS in the water in the community 
water system. 
‘‘(2) DISADVANTAGED COMMUNITY.—The term 
‘disadvantaged community’ has the meaning given 
that term in section 1452. 
‘‘(3) ELIGIBLE
TREATMENT
TECHNOLOGY.— 
The term ‘eligible treatment technology’ means a 
treatment technology included on the list published 
under subsection (c).’’. 
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SEC. 21003. DEFINITION. 
Section 1401 of the Safe Drinking Water Act (42 
U.S.C. 300f) is amended by adding at the end the fol-
lowing: 
‘‘(17) PFAS.—The term ‘PFAS’ means a 
perfluoroalkyl or polyfluoroalkyl substance with at 
least one fully fluorinated carbon atom.’’. 
Subtitle B—Extensions 
SEC. 22001. FUNDING. 
(a) STATE
REVOLVING
LOAN
FUNDS.—Section 
1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 
300j–12(m)(1)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’; 
(2) in subparagraph (C), by striking ‘‘2021.’’ 
and inserting ‘‘2021;’’; and 
(3) by adding at the end the following: 
‘‘(D) $4,140,000,000 for fiscal year 2022; 
‘‘(E) $4,800,000,000 for fiscal year 2023; 
and 
‘‘(F) 
$5,500,000,000 
for 
fiscal 
year 
2024.’’. 
(b) INDIAN RESERVATION DRINKING WATER PRO-
GRAM.—Section 2001(d) of America’s Water Infrastruc-
ture Act of 2018 (Public Law 115–270) is amended by 
striking ‘‘2022’’ and inserting ‘‘2024’’. 
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(c) VOLUNTARY SCHOOL AND CHILD CARE PROGRAM 
LEAD TESTING GRANT PROGRAM.—Section 1464(d)(8) of 
the Safe Drinking Water Act (42 U.S.C. 300j–24(d)(8)) 
is amended by striking ‘‘2021’’ and inserting ‘‘2024’’. 
(d) DRINKING WATER FOUNTAIN REPLACEMENT 
FOR SCHOOLS.—Section 1465(d) of the Safe Drinking 
Water Act (42 U.S.C. 300j–25(d)) is amended by striking 
‘‘2021’’ and inserting ‘‘2024’’. 
(e) TECHNICAL ASSISTANCE AND GRANTS.—Section 
1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 
300i–2(g)(6)) is amended by striking ‘‘2021’’ and insert-
ing ‘‘2024’’. 
(f) 
GRANTS
FOR
STATE
PROGRAMS.—Section 
1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 
300j–2(a)(7)) is amended by striking ‘‘2021’’ and insert-
ing ‘‘2024’’. 
SEC. 22002. AMERICAN IRON AND STEEL PRODUCTS. 
Section 1452(a)(4)(A) of the Safe Drinking Water 
Act (42 U.S.C. 300j–12(a)(4)(A)) is amended by striking 
‘‘2023’’ and inserting ‘‘2024’’. 
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TITLE III—CLEAN ENERGY 
INFRASTRUCTURE 
Subtitle A—Grid Security and 
Modernization 
PART 1—ENHANCING ELECTRIC INFRASTRUC-
TURE RESILIENCE, RELIABILITY, AND EN-
ERGY SECURITY 
SEC. 31101. PROGRAM TO ENHANCE ELECTRIC INFRA-
STRUCTURE RESILIENCE, RELIABILITY, AND 
ENERGY SECURITY. 
(a) PROGRAM.—The Secretary of Energy shall estab-
lish a competitive grant program to provide grants to 
States, units of local government, and Indian tribe eco-
nomic development entities to enhance energy security 
through measures for electricity delivery infrastructure 
hardening and enhanced resilience and reliability. 
(b) PURPOSE OF GRANTS.—The Secretary of Energy 
may make grants on a competitive basis to enable broader 
use of resiliency-related technologies, upgrades, and insti-
tutional measures and practices designed to— 
(1) improve the resilience, reliability, and secu-
rity of electricity delivery infrastructure; 
(2) improve preparedness and restoration time 
to mitigate power disturbances resulting from phys-
ical and cyber attacks, electromagnetic pulse attacks, 
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geomagnetic disturbances, seismic events, severe 
weather, and climate change; 
(3) continue delivery of power to facilities crit-
ical to public health, safety, and welfare, including 
hospitals, assisted living facilities, and schools; 
(4) continue delivery of power to electricity-de-
pendent essential services, including fueling stations 
and pumps, wastewater and sewage treatment facili-
ties, gas pipeline infrastructure, communications 
systems, transportation services and systems, and 
services provided by emergency first responders; 
(5) enhance regional grid resilience and the re-
silience of electricity-dependent regional infrastruc-
ture; and 
(6) facilitate greater incorporation of renewable 
energy generation into the electric grid. 
(c) EXAMPLES.—Resiliency-related technologies, up-
grades, and measures with respect to which grants may 
be made under this section include— 
(1) hardening or enhanced protection of utility 
poles, wiring, cabling, and other distribution compo-
nents, facilities, or structures; 
(2) advanced grid technologies capable of iso-
lating or repairing problems remotely, such as ad-
vanced metering infrastructure, high-tech sensors, 
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grid monitoring and control systems, and remote re-
configuration and redundancy systems; 
(3) cybersecurity products and components; 
(4) distributed generation, including back-up 
generation to power critical facilities and essential 
services, and related integration components, such as 
advanced inverter technology; 
(5) 
microgrid 
systems, 
including 
hybrid 
microgrid systems for isolated communities; 
(6) combined heat and power; 
(7) waste heat resources; 
(8) non-grid-scale energy storage technologies; 
(9) electronically controlled reclosers and simi-
lar technologies for power restoration; 
(10) advanced energy analytics technology, such 
as internet-based and cloud-based computing solu-
tions and subscription licensing models; 
(11) efforts that enhance resilience through 
planning, preparation, response, and recovery activi-
ties; 
(12) operational capabilities to enhance resil-
ience through rapid response recovery; and 
(13) efforts to ensure availability of key critical 
components through contracts, cooperative agree-
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ments, stockpiling and prepositioning, or other 
measures. 
(d) IMPLEMENTATION.—Specific projects or pro-
grams established, or to be established, pursuant to grants 
provided under this section shall be implemented through 
grant recipients by public and publicly regulated entities 
on a cost-shared basis. 
(e) COOPERATION.—In carrying out projects or pro-
grams established, or to be established, pursuant to grants 
provided under this section, recipients shall cooperate, as 
applicable, with— 
(1) State public utility commissions; 
(2) State energy offices; 
(3) electric infrastructure owners and operators; 
and 
(4) other entities responsible for maintaining 
electric reliability. 
(f) DATA AND METRICS.— 
(1) IN GENERAL.—To the extent practicable, 
grant recipients shall utilize the most current data, 
metrics, and frameworks related to— 
(A) electricity delivery infrastructure hard-
ening and enhancing resilience and reliability; 
and 
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(B) current and future threats, including 
physical and cyber attacks, electromagnetic 
pulse, geomagnetic disturbances, seismic events, 
severe weather, and climate change. 
(2) METRICS.—Grant recipients shall dem-
onstrate to the Secretary of Energy, with measur-
able and verifiable data, how the deployment of resil-
iency-related technologies, upgrades, and measures 
achieve improvements in the resiliency and recovery 
of electricity delivery infrastructure and related serv-
ices, including a comparison of data collected before 
and after deployment. Metrics for demonstrating im-
provements in resiliency and recovery may include— 
(A) power quality during power disturb-
ances when delivered power does not meet 
power quality requirements of the customer; 
(B) duration of customer interruptions; 
(C) number of customers impacted; 
(D) cost impacts, including business and 
other economic losses; 
(E) impacts on electricity-dependent essen-
tial services and critical facilities; and 
(F) societal impacts. 
(3) 
FURTHERING
ENERGY
ASSURANCE 
PLANS.—Grant recipients shall demonstrate to the 
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Secretary of Energy how projects or programs estab-
lished, or to be established, pursuant to grants pro-
vided under this section further applicable State and 
local energy assurance plans. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$515,000,000 for each of fiscal years 2020 through 2024, 
of which not more than $15,000,000 per fiscal year may 
be used for administrative expenses. 
PART 2—21ST CENTURY POWER GRID 
SEC. 31201. GRANT PROGRAM FOR GRID MODERNIZATION 
PROJECTS. 
(a) IN GENERAL.—The Secretary of Energy shall es-
tablish a program to provide financial assistance to eligible 
partnerships to carry out projects related to the mod-
ernization of the electric grid, including— 
(1) projects for the application of technologies 
to improve monitoring of, advanced controls for, and 
prediction of performance of, the distribution sys-
tem; and 
(2) projects related to transmission system 
interconnections. 
(b) ELIGIBLE PROJECTS.—To be eligible for financial 
assistance under subsection (a), a project shall— 
(1) be designed to— 
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(A) improve the resiliency, performance, 
and efficiency of the future electric grid, while 
ensuring the continued provision of safe, secure, 
reliable, and affordable power; or 
(B) deploy a new product or technology 
that could be used by customers of an electric 
utility; and 
(2) demonstrate— 
(A) secure integration and management of 
energy resources, including through distributed 
energy generation, combined heat and power, 
micro-grids, energy storage, electric vehicles, 
energy efficiency, demand response, or intel-
ligent loads; or 
(B) secure integration and interoperability 
of communications and information technologies 
related to the electric grid. 
(c) CYBERSECURITY PLAN.—Each project carried 
out with assistance provided under subsection (a) shall in-
clude the development of a cybersecurity plan written in 
accordance with guidelines developed by the Secretary. 
(d) PRIVACY EFFECTS ANALYSIS.—Each project car-
ried out with assistance provided under subsection (a) 
shall include a privacy effects analysis that evaluates the 
project in accordance with the Voluntary Code of Conduct 
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of the Department of Energy, commonly known as the 
‘‘DataGuard Energy Data Privacy Program’’, or the most 
recent revisions to the privacy program of the Depart-
ment. 
(e) DEFINITIONS.—In this section: 
(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
ble partnership’’ means a partnership consisting of 
two or more entities, which— 
(A) may include— 
(i) any institution of higher education; 
(ii) a National Laboratory; 
(iii) a State or a local government or 
other public body created by or pursuant 
to State law; 
(iv) an Indian Tribe; 
(v) a Federal power marketing admin-
istration; or 
(vi) an entity that develops and pro-
vides technology; and 
(B) shall include at least one of any of— 
(i) an electric utility; 
(ii) a regional transmission organiza-
tion; or 
(iii) an independent system operator. 
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(2) ELECTRIC
UTILITY.—The term ‘‘electric 
utility’’ has the meaning given that term in section 
3(22) of the Federal Power Act (16 U.S.C. 
796(22)), except that such term does not include an 
entity described in subparagraph (B) of such sec-
tion. 
(3) FEDERAL POWER MARKETING ADMINISTRA-
TION.—The term ‘‘Federal power marketing admin-
istration’’ means the Bonneville Power Administra-
tion, the Southeastern Power Administration, the 
Southwestern Power Administration, or the Western 
Area Power Administration. 
(4) INDEPENDENT
SYSTEM
OPERATOR; RE-
GIONAL TRANSMISSION ORGANIZATION.—The terms 
‘‘independent system operator’’ and ‘‘regional trans-
mission organization’’ have the meanings given those 
terms in section 3 of the Federal Power Act (16 
U.S.C. 796). 
(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
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out this section $200,000,000 for each of fiscal years 2020 
through 2024, to remain available until expended. 
SEC. 31202. INTERREGIONAL TRANSMISSION PLANNING RE-
PORT. 
Not later than 6 months after the date of enactment 
of this Act, the Secretary of Energy shall submit to Con-
gress a report that— 
(1) examines the effectiveness of interregional 
transmission planning processes for identifying 
transmission projects across regions that provide 
economic, reliability, or operational benefits, taking 
into consideration the public interest, the integrity of 
markets, and the protection of consumers; 
(2) evaluates the current architecture of re-
gional electricity grids (including international trans-
mission connections of such grids) that together 
comprise the Nation’s electricity grid, with respect 
to— 
(A) potential growth in renewable energy 
generation, including energy generation from 
offshore wind; 
(B) potential growth in electricity demand; 
and 
(C) retirement of existing electricity gen-
eration assets; 
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(3) analyzes— 
(A) the range of benefits that interregional 
transmission provides; 
(B) the impact of basing transmission 
project approvals on a comprehensive assess-
ment of the multiple benefits provided; 
(C) synchronization of processes described 
in paragraph (1) among neighboring regions; 
(D) how often interregional transmission 
planning should be completed; 
(E) whether voltage, size, or cost require-
ments should be a factor in the approval of 
interregional transmission projects; 
(F) cost allocation methodologies for inter-
regional transmission projects; and 
(G) current barriers and challenges to con-
struction of interregional transmission projects; 
and 
(4) identifies potential changes, based on the 
analysis under paragraph (3), to the processes de-
scribed in paragraph (1) to ensure the most effi-
cient, cost effective, and broadly beneficial trans-
mission projects are selected for construction. 
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PART 3—ENERGY EFFICIENT TRANSFORMER 
REBATE PROGRAM 
SEC. 31301. ENERGY EFFICIENT TRANSFORMER REBATE 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) QUALIFIED
ENERGY
EFFICIENT
TRANS-
FORMER.—The term ‘‘qualified energy efficient 
transformer’’ means a transformer that meets or ex-
ceeds the applicable energy conservation standards 
described in the tables in subsection (b)(2) and 
paragraphs (1) and (2) of subsection (c) of section 
431.196 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this Act). 
(2) QUALIFIED ENERGY INEFFICIENT TRANS-
FORMER.—The term ‘‘qualified energy inefficient 
transformer’’ means a transformer with an equal 
number of phases and capacity to a transformer de-
scribed in any of the tables in subsection (b)(2) and 
paragraphs (1) and (2) of subsection (c) of section 
431.196 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this Act) 
that— 
(A) does not meet or exceed the applicable 
energy conservation standards described in 
paragraph (1); and 
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100 
(B)(i) was manufactured between January 
1, 1985, and December 31, 2006, for a trans-
former with an equal number of phases and ca-
pacity as a transformer described in the table 
in subsection (b)(2) of section 431.196 of title 
10, Code of Federal Regulations (as in effect on 
the date of enactment of this Act); or 
(ii) was manufactured between January 1, 
1990, and December 31, 2009, for a trans-
former with an equal number of phases and ca-
pacity as a transformer described in the table 
in paragraph (1) or (2) of subsection (c) of that 
section (as in effect on the date of enactment 
of this Act). 
(3) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means an owner of industrial or manufac-
turing facilities, commercial buildings, or multifamily 
residential buildings, a utility, or an energy service 
company, that fulfills the requirements of subsection 
(c). 
(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Energy 
shall establish a program to provide rebates to qualified 
entities for expenditures made by the qualified entity for 
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102 
(d) 
AUTHORIZED
AMOUNT
OF
REBATE.—The 
amount of a rebate provided under this section shall be— 
(1) for a 3-phase or single-phase transformer 
with a capacity of not less than 10 and not greater 
than 2,500 kilovolt-amperes, twice the amount equal 
to the difference in watts between the core loss value 
(as measured in accordance with paragraphs (2) and 
(4) of subsection (c)) of— 
(A) the qualified energy inefficient trans-
former; and 
(B) the qualified energy efficient trans-
former; or 
(2) for a transformer described in subsection 
(a)(2)(B)(i), the amount determined using a table of 
default rebate values by rated transformer output, 
as measured in kilovolt-amperes, as determined by 
the Secretary in consultation with applicable indus-
try. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2020 through 2024, 
to remain available until expended. 
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103 
PART 4—STRATEGIC TRANSFORMER RESERVE 
PROGRAM 
SEC. 31401. STRATEGIC TRANSFORMER RESERVE PRO-
GRAM. 
(a) ESTABLISHMENT.—The Secretary of Energy 
shall establish a program to reduce the vulnerability of the 
electric grid to physical attack, cyber attack, electro-
magnetic pulse, geomagnetic disturbances, severe weather, 
climate change, and seismic events, including by— 
(1) ensuring that large power transformers, 
generator step-up transformers, and other critical 
electric grid equipment are strategically located to 
ensure timely replacement of such equipment as may 
be necessary to restore electric grid function rapidly 
in the event of severe damage to the electric grid 
due to physical attack, cyber attack, electromagnetic 
pulse, geomagnetic disturbances, severe weather, cli-
mate change, or seismic events; and 
(2) establishing a coordinated plan to facilitate 
transportation of large power transformers and 
other critical electric grid equipment. 
(b) TRANSFORMER
RESILIENCE
AND
ADVANCED 
COMPONENTS
PROGRAM.—The 
program 
established 
under subsection (a) shall include implementation of the 
Transformer Resilience and Advanced Components pro-
gram to— 
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104 
(1) improve large power transformers and other 
critical electric grid equipment by reducing their 
vulnerabilities; and 
(2) develop, test, and deploy innovative equip-
ment designs that are more flexible and offer greater 
resiliency of electric grid functions. 
(c) STRATEGIC EQUIPMENT RESERVES.— 
(1) AUTHORIZATION.—In carrying out the pro-
gram established under subsection (a), the Secretary 
may establish one or more federally owned strategic 
equipment reserves, as appropriate, to ensure na-
tionwide access to reserve equipment. 
(2) CONSIDERATION.—In establishing any fed-
erally owned strategic equipment reserve, the Sec-
retary may consider existing spare transformer and 
equipment programs and requirements established 
by the private sector, regional transmission opera-
tors, independent system operators, and State regu-
latory authorities. 
(d) CONSULTATION.—The program established under 
subsection (a) shall be carried out in consultation with the 
Federal Energy Regulatory Commission, the Electricity 
Subsector Coordinating Council, the Electric Reliability 
Organization, and owners and operators of critical electric 
infrastructure and defense and military installations. 
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105 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$75,000,000 for each of fiscal years 2020 through 2024. 
Subtitle B—Energy Efficient 
Infrastructure 
PART 1—EFFICIENCY GRANTS FOR STATE AND 
LOCAL GOVERNMENTS 
SEC. 32101. ENERGY EFFICIENT PUBLIC BUILDINGS. 
Section 125(c) of the Energy Policy Act of 2005 (42 
U.S.C. 15822(c)) is amended by striking ‘‘$30,000,000 
for each of fiscal years 2006 through 2010’’ and inserting 
‘‘$100,000,000 for each of fiscal years 2020 through 
2024’’. 
SEC. 32102. ENERGY EFFICIENCY AND CONSERVATION 
BLOCK GRANT PROGRAM. 
(a) PURPOSE.—Section 542(b)(1) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17152(b)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (B), by striking the semi-
colon and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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106 
‘‘(C) diversifies energy supplies, including 
by facilitating and promoting the use of alter-
native fuels;’’. 
(b) USE OF FUNDS.—Section 544(9) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17154(9)) is amended to read as follows: 
‘‘(9) deployment of energy distribution tech-
nologies that significantly increase energy efficiency 
or expand access to alternative fuels, including— 
‘‘(A) distributed resources; 
‘‘(B) district heating and cooling systems; 
and 
‘‘(C) infrastructure for delivering alter-
native fuels;’’. 
(c) COMPETITIVE GRANTS.—Section 546(c)(2) of the 
Energy Independence and Security Act of 2007 (42 
U.S.C. 17156(c)(2)) is amended by inserting ‘‘, including 
projects to expand the use of alternative fuels’’ before the 
period at the end. 
(d) FUNDING.—Section 548(a) of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 17158(a)) 
is amended to read as follows: 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) GRANTS.—There is authorized to be ap-
propriated to the Secretary for the provision of 
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107 
grants under the program $3,500,000,000 for each 
of fiscal years 2020 through 2024. 
‘‘(2) ADMINISTRATIVE
COSTS.—There is au-
thorized to be appropriated to the Secretary for ad-
ministrative expenses of the program $35,000,000 
for each of fiscal years 2020 through 2024.’’. 
(e) TECHNICAL AMENDMENTS.—Section 543 of the 
Energy Independence and Security Act of 2007 (42 
U.S.C. 17153) is amended— 
(1) in subsection (c), by striking ‘‘subsection 
(a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and 
(2) in subsection (d), by striking ‘‘subsection 
(a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 
PART 2—SMART BUILDING ACCELERATION 
SEC. 32201. SHORT TITLE. 
This part may be cited as the ‘‘Smart Building Accel-
eration Act’’. 
SEC. 32202. FINDINGS. 
Congress finds that— 
(1) the building sector uses more than 40 per-
cent of the energy of the United States; 
(2) emerging building energy monitoring and 
control technologies are enabling a transition of the 
building sector to ‘‘smart’’ buildings that have dra-
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109 
(4) SMART BUILDING.—The term ‘‘smart build-
ing’’ means a building, or collection of buildings, 
with an energy system that— 
(A) is flexible and automated; 
(B) has extensive operational monitoring 
and communication connectivity, allowing re-
mote monitoring and analysis of all building 
functions; 
(C) takes a systems-based approach in in-
tegrating the overall building operations for 
control of energy generation, consumption, and 
storage; 
(D) communicates with utilities and other 
third-party commercial entities, if appropriate; 
(E) protects the health and safety of occu-
pants and workers; and 
(F) is cybersecure. 
(5) SMART
BUILDING
ACCELERATOR.—The 
term ‘‘smart building accelerator’’ means an initia-
tive that is designed to demonstrate specific innova-
tive policies and approaches— 
(A) with clear goals and a clear timeline; 
and 
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(B) that, on successful demonstration, 
would accelerate investment in energy effi-
ciency. 
(6) INTERNET OF THINGS TECHNOLOGY SOLU-
TION.—The term ‘‘internet of things technology so-
lution’’ means a solution that improves energy effi-
ciency and predictive maintenance through cutting 
edge technologies that utilize internet connected 
technologies including sensors, intelligent gateways, 
and security embedded hardware. 
SEC. 32204. FEDERAL SMART BUILDING PROGRAM. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall, in 
consultation with the Administrator of General Services, 
establish a program to be known as the ‘‘Federal Smart 
Building Program’’— 
(1) to implement smart building technology; 
and 
(2) to demonstrate the costs and benefits of 
smart buildings. 
(b) SELECTION.— 
(1) IN GENERAL.—The Secretary shall coordi-
nate the selection of not fewer than 1 building from 
among each of several key Federal agencies, as de-
scribed in subsection (d), to compose an appro-
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priately diverse set of smart buildings based on size, 
type, and geographic location. 
(2) INCLUSION OF COMMERCIALLY OPERATED 
BUILDINGS.—In making selections under paragraph 
(1), the Secretary may include buildings that are 
owned by the Federal Government but are commer-
cially operated. 
(c) TARGETS.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall establish 
targets for the number of smart buildings to be commis-
sioned and evaluated by key Federal agencies by 3 years 
and 6 years after the date of enactment of this Act. 
(d) FEDERAL AGENCY DESCRIBED.—The key Fed-
eral agencies referred to subsection (b)(1) shall include 
buildings operated by— 
(1) the Department of the Army; 
(2) the Department of the Navy; 
(3) the Department of the Air Force; 
(4) the Department; 
(5) the Department of the Interior; 
(6) the Department of Veterans Affairs; and 
(7) the General Services Administration. 
(e) REQUIREMENT.—In implementing the program, 
the Secretary shall leverage existing financing mechanisms 
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including energy savings performance contracts, utility en-
ergy service contracts, and annual appropriations. 
(f) EVALUATION.—Using the guidelines of the Fed-
eral Energy Management Program relating to whole-build-
ing evaluation, measurement, and verification, the Sec-
retary shall evaluate the costs and benefits of the buildings 
selected under subsection (b), including an identification 
of— 
(1) which advanced building technologies— 
(A) are most cost-effective; and 
(B) show the most promise for— 
(i) increasing building energy savings; 
(ii) increasing service performance to 
building occupants; 
(iii) reducing environmental impacts; 
and 
(iv) establishing cybersecurity; and 
(2) any other information the Secretary deter-
mines to be appropriate. 
(g) AWARDS.—The Secretary may expand awards 
made under the Federal Energy Management Program 
and the Better Building Challenge to recognize specific 
agency achievements in accelerating the adoption of smart 
building technologies. 
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SEC. 32205. SURVEY OF PRIVATE SECTOR SMART BUILD-
INGS. 
(a) SURVEY.—The Secretary shall conduct a survey 
of privately owned smart buildings throughout the United 
States, including commercial buildings, laboratory facili-
ties, hospitals, multifamily residential buildings, and build-
ings owned by nonprofit organizations and institutions of 
higher education. 
(b) SELECTION.—From among the smart buildings 
surveyed under subsection (a), the Secretary shall select 
not fewer than 1 building each from an appropriate range 
of building sizes, types, and geographic locations. 
(c) EVALUATION.—Using the guidelines of the Fed-
eral Energy Management Program relating to whole-build-
ing evaluation, measurement, and verification, the Sec-
retary shall evaluate the costs and benefits of the buildings 
selected under subsection (b), including an identification 
of— 
(1) which advanced building technologies and 
systems— 
(A) are most cost-effective; and 
(B) show the most promise for— 
(i) increasing building energy savings; 
(ii) increasing service performance to 
building occupants; 
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(iii) reducing environmental impacts; 
and 
(iv) establishing cybersecurity; and 
(2) any other information the Secretary deter-
mines to be appropriate. 
SEC. 32206. LEVERAGING EXISTING PROGRAMS. 
(a) BETTER BUILDING CHALLENGE.—As part of the 
Better Building Challenge of the Department, the Sec-
retary, in consultation with major private sector property 
owners, shall develop smart building accelerators to dem-
onstrate innovative policies and approaches that will accel-
erate the transition to smart buildings in the public, insti-
tutional, and commercial buildings sectors. 
(b) RESEARCH AND DEVELOPMENT.— 
(1) IN GENERAL.—The Secretary shall conduct 
research and development to address key barriers to 
the integration of advanced building technologies 
and to accelerate the transition to smart buildings. 
(2) INCLUSION.—The research and development 
conducted under paragraph (1) shall include re-
search and development on— 
(A) achieving whole-building, systems-level 
efficiency through smart system and component 
integration; 
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(B) improving physical components, such 
as sensors and controls, to be adaptive, antici-
patory, and networked; 
(C) reducing the cost of key components to 
accelerate the adoption of smart building tech-
nologies; 
(D) data management, including the cap-
ture and analysis of data and the interoper-
ability of the energy systems; 
(E) 
protecting 
against 
cybersecurity 
threats and addressing security vulnerabilities 
of building systems or equipment; 
(F) business models, including how busi-
ness models may limit the adoption of smart 
building technologies and how to support 
transactive energy; 
(G) integration and application of com-
bined heat and power systems and energy stor-
age for resiliency; 
(H) characterization of buildings and com-
ponents; 
(I) consumer and utility protections; 
(J) continuous management, including the 
challenges of managing multiple energy systems 
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and optimizing systems for disparate stake-
holders; 
(K) integration of internet of things tech-
nology solutions, including measures to increase 
water and energy efficiency, improve water 
quality, support real-time utility management, 
and enable actionable analytics and predictive 
maintenance to improve building systems long- 
term viability; and 
(L) other areas of research and develop-
ment, as determined appropriate by the Sec-
retary. 
SEC. 32207. REPORT. 
Not later than 2 years after the date of enactment 
of this Act, and every 2 years thereafter until a total of 
3 reports have been made, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the 
Senate and the Committee on Energy and Commerce and 
the Committee on Science, Space, and Technology of the 
House of Representatives a report on— 
(1) the establishment of the Federal Smart 
Building Program and the evaluation of Federal 
smart buildings under section 32204; 
(2) the survey and evaluation of private sector 
smart buildings under section 32205; and 
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(3) any recommendations of the Secretary to 
further accelerate the transition to smart buildings. 
PART 3—WEATHERIZATION ASSISTANCE 
PROGRAM 
SEC. 32301. SHORT TITLE. 
This part may be cited as the ‘‘Weatherization En-
hancement and Local Energy Efficiency Investment and 
Accountability Act’’. 
SEC. 32302. WEATHERIZATION ASSISTANCE PROGRAM. 
(a) REAUTHORIZATION
OF WEATHERIZATION AS-
SISTANCE PROGRAM.—Section 422 of the Energy Con-
servation and Production Act (42 U.S.C. 6872) is amend-
ed by striking ‘‘appropriated—’’ and all that follows 
through 
‘‘2012..’’ 
and 
inserting 
‘‘appropriated 
$350,000,000 for each of fiscal years 2020 through 
2024.’’. 
(b) MODERNIZING THE DEFINITION OF WEATHER-
IZATION MATERIALS.—Section 412(9)(J) of the Energy 
Conservation and Production Act (42 U.S.C. 6862(9)(J)) 
is amended— 
(1) by inserting ‘‘, including renewable energy 
technologies and other advanced technologies,’’ after 
‘‘devices or technologies’’; and 
(2) by striking ‘‘, after consulting with the Sec-
retary of Housing and Urban Development, the Sec-
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retary of Agriculture, and the Director of the Com-
munity Services Administration’’. 
(c) CONSIDERATION OF HEALTH BENEFITS.—Sec-
tion 413(b) of the Energy Conservation and Production 
Act (42 U.S.C. 6863(b)) is amended— 
(1) by redesignating paragraphs (4) through 
(6) as paragraphs (5) through (7), respectively; and 
(2) by inserting after paragraph (3), the fol-
lowing: 
‘‘(4) The Secretary may amend the regulations pre-
scribed under paragraph (1) to provide that the standards 
described in paragraph (2)(A) take into consideration im-
provements in the health and safety of occupants of dwell-
ing units, and other non-energy benefits, from weatheriza-
tion.’’. 
(d) CONTRACTOR OPTIMIZATION.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414B (42 U.S.C. 6864b) the following: 
‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 
‘‘(a) IN GENERAL.—The Secretary may request that 
entities receiving funding from the Federal Government 
or from a State through a weatherization assistance pro-
gram under section 413 or section 414 perform periodic 
reviews of the use of private contractors in the provision 
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of weatherization assistance, and encourage expanded use 
of contractors as appropriate. 
‘‘(b) USE OF TRAINING FUNDS.—Entities described 
in subsection (a) may use funding described in such sub-
section to train private, non-Federal entities that are con-
tracted to provide weatherization assistance under a 
weatherization program, in accordance with rules deter-
mined by the Secretary.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents for the Energy Conservation and 
Production Act is amended by inserting after the 
item relating to section 414B the following: 
‘‘Sec. 414C. Contractor optimization.’’. 
(e) FINANCIAL ASSISTANCE FOR WAP ENHANCE-
MENT AND INNOVATION.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414C (as added by subsection (d) of this sec-
tion) the following: 
‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE-
MENT AND INNOVATION. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to expand the number of dwelling units 
that are occupied by low-income persons that receive 
weatherization assistance by making such dwelling 
units weatherization-ready; 
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‘‘(2) to promote the deployment of renewable 
energy in dwelling units that are occupied by low-in-
come persons; 
‘‘(3) to ensure healthy indoor environments by 
enhancing or expanding health and safety measures 
and resources available to dwellings that are occu-
pied by low-income persons; and 
‘‘(4) to disseminate new methods and best prac-
tices among entities providing weatherization assist-
ance. 
‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 
to the extent funds are made available, award financial 
assistance through a competitive process to entities receiv-
ing funding from the Federal Government or from a State 
through a weatherization program under section 413 or 
section 414, or to nonprofit entities, to be used by such 
an entity— 
‘‘(1) with respect to dwelling units that are oc-
cupied by low-income persons, to— 
‘‘(A) implement measures to make such 
dwelling units weatherization-ready by address-
ing structural, plumbing, roofing, and electrical 
issues, environmental hazards, or other meas-
ures that the Secretary determines to be appro-
priate; 
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‘‘(B) install energy efficiency technologies, 
including home energy management systems, 
smart devices, and other technologies the Sec-
retary determines to be appropriate; 
‘‘(C) install renewable energy systems (as 
defined in section 415(c)(6)(A)); and 
‘‘(D) 
implement 
measures 
to 
ensure 
healthy indoor environments by improving in-
door air quality, accessibility, and other healthy 
homes measures as determined by the Sec-
retary; 
‘‘(2) to improve the capability of the entity— 
‘‘(A) to significantly increase the number 
of energy retrofits performed by such entity; 
‘‘(B) to replicate best practices for work 
performed pursuant to this section on a larger 
scale; and 
‘‘(C) to leverage additional funds to sus-
tain the provision of weatherization assistance 
and other work performed pursuant to this sec-
tion after financial assistance awarded under 
this section is expended; 
‘‘(3) for innovative outreach and education re-
garding the benefits and availability of weatheriza-
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tion assistance and other assistance available pursu-
ant to this section; 
‘‘(4) for quality control of work performed pur-
suant to this section; 
‘‘(5) for data collection, measurement, and 
verification with respect to such work; 
‘‘(6) for program monitoring, oversight, evalua-
tion, and reporting regarding such work; 
‘‘(7) for labor, training, and technical assist-
ance relating to such work; 
‘‘(8) for planning, management, and adminis-
tration (up to a maximum of 15 percent of the as-
sistance provided); and 
‘‘(9) for such other activities as the Secretary 
determines to be appropriate. 
‘‘(c) AWARD FACTORS.—In awarding financial assist-
ance under this section, the Secretary shall consider— 
‘‘(1) the applicant’s record of constructing, ren-
ovating, repairing, or making energy efficient single- 
family, multifamily, or manufactured homes that are 
occupied by low-income persons, either directly or 
through affiliates, chapters, or other partners (using 
the most recent year for which data are available); 
‘‘(2) the number of dwelling units occupied by 
low-income persons that the applicant has built, ren-
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ovated, repaired, weatherized, or made more energy 
efficient in the 5 years preceding the date of the ap-
plication; 
‘‘(3) the qualifications, experience, and past 
performance of the applicant, including experience 
successfully managing and administering Federal 
funds; 
‘‘(4) the strength of an applicant’s proposal to 
achieve one or more of the purposes under sub-
section (a); 
‘‘(5) the extent to which such applicant will uti-
lize partnerships and regional coordination to 
achieve one or more of the purposes under sub-
section (a); 
‘‘(6) regional and climate zone diversity; 
‘‘(7) urban, suburban, and rural localities; and 
‘‘(8) such other factors as the Secretary deter-
mines to be appropriate. 
‘‘(d) APPLICATIONS.— 
‘‘(1) ADMINISTRATION.—To be eligible for an 
award of financial assistance under this section, an 
applicant shall submit to the Secretary an applica-
tion in such manner and containing such informa-
tion as the Secretary may require. 
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‘‘(2) AWARDS.—Subject to the availability of 
appropriations, not later than 270 days after the 
date of enactment of this section, the Secretary shall 
make a first award of financial assistance under this 
section. 
‘‘(e) MAXIMUM AMOUNT AND TERM.— 
‘‘(1) IN GENERAL.—The total amount of finan-
cial assistance awarded to an entity under this sec-
tion shall not exceed $2,000,000. 
‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 
The total amount of financial assistance awarded to 
an entity under this section shall be reduced by the 
cost of any technical and training assistance pro-
vided by the Secretary that relates to such financial 
assistance. 
‘‘(3) TERM.—The term of an award of financial 
assistance under this section shall not exceed 3 
years. 
‘‘(f) REQUIREMENTS.—Not later than 90 days after 
the date of enactment of this section, the Secretary shall 
issue requirements to implement this section, including, 
for entities receiving financial assistance under this sec-
tion— 
‘‘(1) standards for allowable expenditures; 
‘‘(2) a minimum saving-to-investment ratio; and 
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‘‘(3) standards for— 
‘‘(A) training programs; 
‘‘(B) energy audits; 
‘‘(C) the provision of technical assistance; 
‘‘(D) monitoring activities carried out 
using such financial assistance; 
‘‘(E) verification of energy and cost sav-
ings; 
‘‘(F) liability insurance requirements; and 
‘‘(G) recordkeeping and reporting require-
ments, which shall include reporting to the Of-
fice of Weatherization and Intergovernmental 
Programs of the Department of Energy applica-
ble data on each dwelling unit retrofitted or 
otherwise assisted pursuant to this section. 
‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 
Nothing in this section supersedes or otherwise affects any 
State or local law, to the extent that the State or local 
law contains a requirement that is more stringent than 
the applicable requirement of this section. 
‘‘(h) REVIEW
AND EVALUATION.—The Secretary 
shall review and evaluate the performance of each entity 
that receives an award of financial assistance under this 
section (which may include an audit). 
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‘‘(i) ANNUAL REPORT.—The Secretary shall submit 
to Congress an annual report that provides a description 
of— 
‘‘(1) actions taken under this section to achieve 
the purposes of this section; and 
‘‘(2) accomplishments as a result of such ac-
tions, including energy and cost savings achieved. 
‘‘(j) FUNDING.— 
‘‘(1) AMOUNTS.— 
‘‘(A) IN
GENERAL.—For each of fiscal 
years 2020 through 2024, of the amount made 
available under section 422 for such fiscal year 
to carry out the weatherization program under 
this part (not including any of such amount 
made available for Department of Energy head-
quarters training or technical assistance), not 
more than— 
‘‘(i) 2 percent of such amount (if such 
amount is $225,000,000 or more but less 
than $260,000,000) may be used to carry 
out this section; 
‘‘(ii) 4 percent of such amount (if 
such amount is $260,000,000 or more but 
less than $300,000,000) may be used to 
carry out this section; and 
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‘‘(iii) 6 percent of such amount (if 
such amount is $300,000,000 or more) 
may be used to carry out this section. 
‘‘(B) MINIMUM.—For each of fiscal years 
2020 through 2024, if the amount made avail-
able under section 422 (not including any of 
such amount made available for Department of 
Energy headquarters training or technical as-
sistance) for such fiscal year is less than 
$225,000,000, no funds shall be made available 
to carry out this section. 
‘‘(2) LIMITATION.—For any fiscal year, the 
Secretary may not use more than $25,000,000 of 
the amount made available under section 422 to 
carry out this section.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Conservation and Production 
Act is amended by inserting after the item relating 
to section 414C the following: 
‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 
(f) INCREASE IN ADMINISTRATIVE FUNDS.—Section 
415(a)(1) of the Energy Conservation and Production Act 
(42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per-
cent’’ and inserting ‘‘15 percent’’. 
(g) AMENDING RE-WEATHERIZATION DATE.—Para-
graph (2) of section 415(c) of the Energy Conservation 
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and Production Act (42 U.S.C. 6865(c)) is amended to 
read as follows: 
‘‘(2) Dwelling units weatherized (including dwelling 
units partially weatherized) under this part, or under 
other Federal programs (in this paragraph referred to as 
‘previous weatherization’), may not receive further finan-
cial assistance for weatherization under this part until the 
date that is 15 years after the date such previous weather-
ization was completed. This paragraph does not preclude 
dwelling units that have received previous weatherization 
from receiving assistance and services (including the provi-
sion of information and education to assist with energy 
management and evaluation of the effectiveness of in-
stalled weatherization materials) other than weatheriza-
tion under this part or under other Federal programs, or 
from receiving non-Federal assistance for weatheriza-
tion.’’. 
SEC. 32303. REPORT ON WAIVERS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy shall submit to Con-
gress a report on the status of any request for a waiver 
of any requirement under section 200.313 of title 2, Code 
of Federal Regulations, as such requirement applies with 
respect to the weatherization assistance program under 
part A of title IV of the Energy Conservation and Produc-
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tion Act (42 U.S.C. 6861 et seq.), including a description 
of any such waiver that has been granted and any such 
request for a waiver that has been considered but not 
granted. 
PART 4—SMART ENERGY AND WATER 
EFFICIENCY 
SEC. 32401. SHORT TITLE. 
This part may be cited as the ‘‘Smart Energy and 
Water Efficiency Act of 2019’’. 
SEC. 32402. SMART ENERGY AND WATER EFFICIENCY PRO-
GRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a municipality; 
(B) a water district; and 
(C) any other entity that provides water, 
wastewater, or water reuse services, including a 
joint water and power authority. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(3) SMART ENERGY AND WATER EFFICIENCY 
PROGRAM.—The term ‘‘smart energy and water effi-
ciency program’’ or ‘‘program’’ means the program 
established under subsection (b). 
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(b) SMART ENERGY AND WATER EFFICIENCY PRO-
GRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
and carry out a smart energy and water efficiency 
program in accordance with this section. 
(2) ELIGIBLE PROJECTS.—In carrying out the 
smart energy and water efficiency program, the Sec-
retary shall award grants to eligible entities to carry 
out projects that implement advanced and innovative 
technology-based solutions that will improve the en-
ergy or water efficiency of water, wastewater, or 
water reuse systems to— 
(A) help eligible entities make significant 
progress in conserving water, conserving energy, 
or reducing the operating costs of such systems; 
(B) support the implementation of innova-
tive processes or the installation of advanced 
automated systems that provide real-time data 
on energy and water; or 
(C) improve predictive maintenance of 
water, wastewater, or water reuse systems 
through the use of Internet-connected tech-
nologies, such as sensors, intelligent gateways, 
or security embedded in hardware. 
(3) PROJECT SELECTION.— 
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(A) IN
GENERAL.—The Secretary shall 
make competitive, merit-reviewed grants under 
the program to not fewer than 3, but not more 
than 5, eligible entities. 
(B) SELECTION CRITERIA.—In selecting an 
eligible entity to receive a grant under the pro-
gram, the Secretary shall consider— 
(i) energy and cost savings anticipated 
to result from the project; 
(ii) the innovative nature, commercial 
viability, and reliability of the technology 
to be used; 
(iii) the degree to which the project 
integrates innovative sensors, software, 
hardware, 
analytics, 
and 
management 
tools; 
(iv) the anticipated cost-effectiveness 
of the project in terms of energy savings, 
water savings or reuse, and infrastructure 
costs averted; 
(v) whether the technology can be de-
ployed in a variety of geographic regions 
and the degree to which the technology can 
be implemented on a smaller or larger 
scale, including whether the technology can 
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be implemented by other types of eligible 
entities; and 
(vi) whether implementation of the 
project will be complete within 5 years. 
(C) APPLICATIONS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), an eligible entity seeking a grant 
under the program shall submit to the Sec-
retary an application at such time, in such 
manner, and containing such information 
as the Secretary determines to be nec-
essary. 
(ii) CONTENTS.—An application under 
clause (i) shall, at a minimum, include— 
(I) a description of the project; 
(II) a description of the tech-
nology to be used in the project; 
(III) the anticipated results, in-
cluding energy and water savings, of 
the project; 
(IV) a comprehensive budget for 
the project; and 
(V) the number of households or 
customers that are served by the eligi-
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133 
ble entity and will benefit from the 
project. 
(4) ADMINISTRATION.— 
(A) IN
GENERAL.—Not later than 300 
days after the date of enactment of this Act, 
the Secretary shall select grant recipients under 
this section. 
(B) EVALUATIONS.—The Secretary shall 
annually for 5 years carry out an evaluation of 
each project for which a grant is provided 
under this section that— 
(i) evaluates the progress and effects 
of the project; and 
(ii) assesses the degree to which the 
project can be replicated in other regions, 
systems, and situations. 
(C) TECHNICAL ASSISTANCE.—On the re-
quest of a grant recipient, the Secretary shall 
provide technical assistance to the grant recipi-
ent to carry out the project. 
(D) BEST
PRACTICES.—The Secretary 
shall make available to the public— 
(i) a copy of each evaluation carried 
out under subparagraph (B); and 
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(ii) a description of any best practices 
identified by the Secretary as a result of 
those evaluations. 
(E) REPORT
TO
CONGRESS.—Not later 
than the date on which the Secretary completes 
the last evaluation required under subparagraph 
(B), the Secretary shall submit to Congress a 
report containing the results of each evaluation 
carried out under such subparagraph. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $15,000,000 to carry out 
this section, to remain available until expended. 
PART 5—ACCELERATED ADOPTION OF ENERGY 
EFFICIENT ENGINES AND VEHICLES 
SEC. 32501. REAUTHORIZATION OF DIESEL EMISSIONS RE-
DUCTION PROGRAM. 
Section 797(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16137(a)) is amended— 
(1) by striking ‘‘$100,000,000’’ and inserting 
‘‘$200,000,000’’; and 
(2) by striking ‘‘2016’’ and inserting ‘‘2024’’. 
SEC. 32502. REAUTHORIZATION OF CLEAN SCHOOL BUSES 
PROGRAM. 
(a) DEFINITIONS.— 
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(1) ALTERNATIVE FUEL.—Section 741(a)(2) of 
the Energy Policy Act of 2005 (42 U.S.C. 16091(a)) 
is amended— 
(A) in subparagraph (B), by striking ‘‘or’’ 
after the semicolon; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) electricity.’’. 
(2) CLEAN SCHOOL BUS.—Section 741(a)(3) of 
the Energy Policy Act of 2005 (42 U.S.C. 
16091(a)(3)) is amended by striking ‘‘that—’’ and 
all that follows through ‘‘(B) is operated’’ and in-
serting ‘‘that is operated’’. 
(b) PROGRAM FOR RETROFIT OR REPLACEMENT OF 
CERTAIN
EXISTING
SCHOOL
BUSES
WITH
CLEAN 
SCHOOL BUSES.— 
(1) PRIORITY OF GRANT APPLICATIONS.—Sec-
tion 741(b)(2) of the Energy Policy Act of 2005 (42 
U.S.C. 16091(b)(2)) is amended— 
(A) in subparagraph (A), by inserting be-
fore the period at the end ‘‘with clean school 
buses with low or zero emissions’’; and 
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(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) RETROFITTING.—In the case of 
grant applications to retrofit school buses, the 
Administrator shall give— 
‘‘(i) highest priority to applicants that 
propose to retrofit school buses manufac-
tured in or after model year 1991 to be-
come clean school buses with low or zero 
emissions; and 
‘‘(ii) second highest priority to appli-
cants that otherwise propose to retrofit 
school buses manufactured in or after 
model year 1991 to become clean school 
buses.’’. 
(2) USE
OF
SCHOOL
BUS
FLEET.—Section 
741(b)(3)(B) of the Energy Policy Act of 2005 (42 
U.S.C. 16091(b)(3)(B)) is amended by inserting 
‘‘charged,’’ after ‘‘operated,’’. 
(3) REPLACEMENT GRANTS.—Paragraph (5) of 
section 741(b) of the Energy Policy Act of 2005 (42 
U.S.C. 16091(b)) is amended to read as follows: 
‘‘(5) REPLACEMENT GRANTS.—In the case of 
grants to replace school buses— 
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‘‘(A) the Administrator may award the 
grants for up to 60 percent of the replacement 
costs; and 
‘‘(B) such replacement costs may include 
the costs of acquiring the clean school buses 
and charging and fueling infrastructure.’’. 
(4) ULTRA LOW-SULFUR DIESEL FUEL.—Sec-
tion 741(b) of the Energy Policy Act of 2005 (42 
U.S.C. 16091(b)) is amended— 
(A) by striking paragraph (6); and 
(B) by redesignating paragraphs (7) and 
(8) as paragraphs (6) and (7), respectively. 
(c) EDUCATION.—Paragraph (1) of section 741(c) of 
the Energy Policy Act of 2005 (42 U.S.C. 16091(c)) is 
amended to read as follows: 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of the Leading Infra-
structure for Tomorrow’s America Act, the Adminis-
trator shall develop an education outreach program 
to promote and explain the grant program under 
subsection (b), as amended by such Act.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
741(d) of the Energy Policy Act of 2005 (42 U.S.C. 
16091(d)) is amended by striking ‘‘until expended—’’ and 
all that follows through the end of the subsection and in-
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serting ‘‘until expended, $50,000,000 for each of fiscal 
years 2020 through 2024.’’. 
PART 6—ENERGY IMPROVEMENTS AT PUBLIC 
SCHOOL FACILITIES 
SEC. 32601. GRANTS FOR ENERGY EFFICIENCY IMPROVE-
MENTS AND RENEWABLE ENERGY IMPROVE-
MENTS AT PUBLIC SCHOOL FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a consortium of— 
(A) one local educational agency; and 
(B) one or more— 
(i) schools; 
(ii) nonprofit organizations; 
(iii) for-profit organizations; or 
(iv) community partners that have the 
knowledge and capacity to partner and as-
sist with energy improvements. 
(2) ENERGY IMPROVEMENTS.—The term ‘‘en-
ergy improvements’’ means— 
(A) any improvement, repair, or renova-
tion, to a school that will result in a direct re-
duction in school energy costs including but not 
limited to improvements to building envelope, 
air conditioning, ventilation, heating system, do-
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