1770 
‘‘(j) FUNDING.— 
‘‘(1) AMOUNTS.— 
‘‘(A) IN
GENERAL.—For each of fiscal 
years 2021 through 2025, 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 
‘‘(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 
2021 through 2025, if the amount made avail-
able under section 422 (not including any of 
such amount made available for Department of
1771 
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. 
‘‘(k) TERMINATION.—The Secretary may not award 
financial assistance under this section after September 30, 
2024.’’. 
(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) HIRING.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414D (as added by subsection (e) of this sec-
tion) the following: 
‘‘SEC. 414E. HIRING. 
‘‘The Secretary may, as the Secretary determines ap-
propriate, encourage entities receiving funding from the 
Federal Government or from a State through a weather-
ization program under section 413 or section 414, to
1772 
prioritize the hiring and retention of employees who are 
individuals described in section 414D(a)(5).’’. 
(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 414D the following: 
‘‘Sec. 414E. Hiring.’’. 
(g) 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’’. 
(h) AMENDING RE-WEATHERIZATION DATE.—Para-
graph (2) of section 415(c) of the Energy Conservation 
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-
1773 
stalled weatherization materials) other than weatheriza-
tion under this part or under other Federal programs, or 
from receiving non-Federal assistance for weatheriza-
tion.’’. 
(i) ANNUAL REPORT.—Section 421 of the Energy 
Conservation and Production Act (42 U.S.C. 6871) is 
amended by inserting ‘‘the number of multifamily build-
ings in which individual dwelling units were weatherized 
during the previous year, the number of individual dwell-
ing units in multifamily buildings weatherized during the 
previous year,’’ after ‘‘the average size of the dwellings 
being weatherized,’’. 
SEC. 33232. 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 made after 
September 30, 2010, for a waiver of any requirement 
under section 200.313 of title 2, Code of Federal Regula-
tions, as such requirement applies with respect to the 
weatherization assistance program under part A of title 
IV of the Energy Conservation and Production 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.
1774 
CHAPTER 3—ENERGY EFFICIENT 
CONSERVATION BLOCK GRANTS 
SEC. 33241. 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: 
‘‘(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
1775 
‘‘(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 to carry out the program 
$3,500,000,000 for each of fiscal years 2021 
through 2025. 
‘‘(2) ADMINISTRATIVE COSTS.—The Secretary 
may use for administrative expenses of the program 
not more than 1 percent of the amounts made avail-
able under paragraph (1) in each of fiscal years 
2021 through 2025.’’. 
(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
1776 
(2) in subsection (d), by striking ‘‘subsection 
(a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 
CHAPTER 4—FEDERAL ENERGY AND 
WATER MANAGEMENT PERFORMANCE 
SEC. 33251. ENERGY AND WATER PERFORMANCE REQUIRE-
MENT FOR FEDERAL FACILITIES. 
(a) IN GENERAL.—Section 543 of the National En-
ergy Conservation Policy Act (42 U.S.C. 8253) is amend-
ed— 
(1) in the section heading, by inserting ‘‘AND 
WATER’’ after ‘‘ENERGY’’; 
(2) in subsection (a)— 
(A) in the subsection heading, by striking 
‘‘ENERGY PERFORMANCE REQUIREMENT
FOR 
FEDERAL BUILDINGS’’ and inserting ‘‘ENERGY 
AND
WATER
PERFORMANCE
REQUIREMENT 
FOR FEDERAL FACILITIES’’; 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the head of each agency shall— 
‘‘(A) for each of fiscal years 2020 through 
2030, reduce average facility energy intensity 
(as measured in British thermal units per gross 
square foot) at facilities of the agency by 2.5
1777 
percent each fiscal year relative to the average 
facility energy intensity of the facilities of the 
agency in fiscal year 2018; 
‘‘(B) for each of fiscal years 2020 through 
2030, improve water use efficiency and manage-
ment, including stormwater management, at fa-
cilities of the agency by reducing agency water 
consumption intensity— 
‘‘(i) by reducing the potable water 
consumption by 54 percent by fiscal year 
2030, relative to the potable water con-
sumption at facilities of the agency in fis-
cal year 2007, through reductions of 2 per-
cent each fiscal year (as measured in gal-
lons per gross square foot); 
‘‘(ii) by reducing the industrial, land-
scaping, and agricultural water consump-
tion of the agency, as compared to a base-
line of that consumption at facilities of the 
agency in fiscal year 2010, through reduc-
tions of 2 percent each fiscal year (as 
measured in gallons); and 
‘‘(iii) by installing appropriate infra-
structure features at facilities of the agen-
1778 
cy to improve stormwater and wastewater 
management; and 
‘‘(C) to the maximum extent practicable, in 
carrying out subparagraphs (A) and (B), take 
measures that are life cycle cost-effective.’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘(2) An agency’’ and 
inserting the following: 
‘‘(2) ENERGY AND WATER INTENSIVE FACILITY 
EXCLUSION.—An agency’’; 
(ii) by striking ‘‘building’’ and insert-
ing ‘‘facility’’; 
(iii) by inserting ‘‘and water’’ after 
‘‘energy’’ each place it appears; and 
(iv) by striking ‘‘buildings’’ and in-
serting ‘‘facilities’’; and 
(D) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) RECOMMENDATIONS.—Not later than De-
cember 31, 2029, the Secretary shall— 
‘‘(A) review the results of the implementa-
tion of the energy and water performance re-
quirements established under paragraph (1); 
and
1779 
‘‘(B) submit to Congress recommendations 
concerning energy and water performance re-
quirements for fiscal years 2031 through 
2040.’’; 
(3) in subsection (b)— 
(A) in the subsection heading, by inserting 
‘‘AND WATER’’ after ‘‘ENERGY’’; and 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.—Each agency shall— 
‘‘(A) not later than October 1, 2020, to 
the maximum extent practicable, begin install-
ing in facilities owned by the United States all 
energy and water conservation measures deter-
mined by the Secretary to be life cycle cost-ef-
fective; and 
‘‘(B) complete the installation described in 
subparagraph (A) as soon as practicable after 
the date referred to in that subparagraph.’’; 
(4) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Federal building or 
collection of Federal buildings’’ each place 
it appears and inserting ‘‘Federal facility’’; 
(ii) in subparagraph (A)—
1780 
(I) in the matter preceding clause 
(i), by striking ‘‘An agency’’ and in-
serting ‘‘The head of each agency’’; 
and 
(II) by inserting ‘‘or water’’ after 
‘‘energy’’ each place it appears; and 
(iii) in subparagraph (B)(i), by insert-
ing ‘‘or water’’ after ‘‘energy’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘buildings’’ and insert-
ing ‘‘facilities’’; and 
(ii) by striking ‘‘building’’ and insert-
ing ‘‘facility’’; and 
(C) in paragraph (3), by adding at the end 
the following: ‘‘Not later than 1 year after the 
date of enactment of the Moving Forward Act, 
the Secretary shall issue guidelines to establish 
criteria for exclusions to water performance re-
quirements under paragraph (1). The Secretary 
shall update the criteria for exclusions under 
this subsection as appropriate to reflect chang-
ing technology and other conditions.’’; 
(5) in subsection (d)(2)— 
(A) by inserting ‘‘and water’’ after ‘‘en-
ergy’’; and
1781 
(B) by striking ‘‘buildings’’ and inserting 
‘‘facilities’’; 
(6) in subsection (e)— 
(A) in the subsection heading, by inserting 
‘‘AND WATER’’ after ‘‘ENERGY’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘By October 1’’ and in-
serting the following: 
‘‘(A) ENERGY.—By October 1’’; 
(ii) by striking ‘‘buildings’’ each place 
it appears and inserting ‘‘facilities’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) WATER.—By February 1, 2025, in 
accordance with guidelines established by the 
Secretary under paragraph (2), each agency 
shall use water meters at facilities of the agency 
where doing so will assist in reducing the cost 
of water used at such facilities.’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘and’’ before 
‘‘Federal’’;
1782 
(II) by inserting ‘‘and any other 
person the Secretary deems nec-
essary,’’ before ‘‘shall’’; and 
(III) 
by 
striking 
‘‘paragraph 
(1).’’ 
and 
inserting 
‘‘paragraph 
(1)(A). Not later than 180 days after 
the date of enactment of the Moving 
Forward Act, the Secretary, in con-
sultation with such departments and 
entities, shall establish guidelines for 
agencies to carry out paragraph 
(1)(B).’’; 
(ii) in subparagraph (B)— 
(I) by amending clause (i)(II) to 
read as follows: 
‘‘(II) the extent to which meter-
ing is expected to result in increased 
potential for energy and water man-
agement, increased potential for en-
ergy and water savings, energy and 
water efficiency improvements, and 
cost savings due to utility contract ag-
gregation; and’’; 
(II) in clause (ii), by inserting 
‘‘and water’’ after ‘‘energy’’;
1783 
(III) in clause (iii), by striking 
‘‘buildings’’ and inserting ‘‘facilities’’; 
and 
(IV) in clause (iv), by striking 
‘‘energy use of a Federal building’’ 
and inserting ‘‘energy and water use 
of a Federal facility’’; and 
(D) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘this paragraph’’ 
and inserting ‘‘the Moving Forward 
Act’’; and 
(II) by inserting ‘‘and water’’ be-
fore ‘‘use in’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘buildings’’ each 
place it appears and inserting ‘‘facili-
ties’’; and 
(II) in clause (ii), in the matter 
preceding subclause (I), by inserting 
‘‘and water’’ after ‘‘energy’’; 
(7) in subsection (f)— 
(A) in the subsection heading, by striking 
‘‘BUILDINGS’’ and inserting ‘‘FACILITIES’’; 
(B) in paragraph (1)—
1784 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘In this subsection’’ 
and inserting ‘‘In this section’’; 
(ii) in subparagraph (B)(i)(II), by in-
serting ‘‘and water’’ after ‘‘energy’’; and 
(iii) in subparagraph (C)(i), by insert-
ing ‘‘that consumes energy or water and 
is’’ before ‘‘owned or operated’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘and water’’ before ‘‘use’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘energy’’ before 
‘‘efficiency’’; and 
(II) by inserting ‘‘or water’’ be-
fore ‘‘use’’; 
(D) in paragraph (7)(B)(ii)(II), by insert-
ing ‘‘and water’’ after ‘‘energy’’; 
(E) in paragraph (8)— 
(i) by striking ‘‘building’’ each place it 
appears and inserting ‘‘facility’’; 
(ii) in subparagraph (A), by adding at 
the end the following: ‘‘The energy man-
ager shall enter water use data for each 
metered facility that is (or is a part of) a
1785 
facility that meets the criteria established 
by the Secretary under paragraph (2)(B) 
into a facility water use benchmarking sys-
tem.’’; and 
(iii) in subparagraph (B), by striking 
‘‘this subsection’’ and inserting ‘‘the date 
of enactment of the Moving Forward Act’’; 
and 
(F) in paragraph (9)(A), in the matter 
preceding clause (i), by inserting ‘‘and water’’ 
after ‘‘energy’’; and 
(8) in subsection (g)(1)— 
(A) by striking ‘‘building’’ and inserting 
‘‘facility’’; and 
(B) by striking ‘‘energy efficient’’ and in-
serting ‘‘energy and water efficient’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206) is amended by strik-
ing the item relating to section 543 and inserting the fol-
lowing: 
‘‘Sec. 543. Energy and water management requirements.’’. 
SEC. 33252. FEDERAL ENERGY MANAGEMENT PROGRAM. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended by adding at the 
end the following:
1786 
‘‘(h) FEDERAL ENERGY MANAGEMENT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out a program, to be known as the ‘Federal Energy 
Management Program’ (referred to in this sub-
section as the ‘Program’), to facilitate the implemen-
tation by the Federal Government of cost-effective 
energy and water management and energy-related 
investment practices— 
‘‘(A) to coordinate and strengthen Federal 
energy and water resilience; and 
‘‘(B) to promote environmental steward-
ship. 
‘‘(2) FEDERAL DIRECTOR.—The Secretary shall 
appoint an individual to serve as the director of the 
Program (referred to in this subsection as the ‘Fed-
eral Director’), which shall be a career position in 
the Senior Executive service, to administer the Pro-
gram. 
‘‘(3) PROGRAM ACTIVITIES.— 
‘‘(A) STRATEGIC
PLANNING
AND
TECH-
NICAL ASSISTANCE.—In administering the Pro-
gram, the Federal Director shall— 
‘‘(i) provide technical assistance and 
project implementation support and guid-
ance to agencies to identify, implement,
1787 
procure, and track energy and water con-
servation measures required under this Act 
and under other provisions of law; 
‘‘(ii) in coordination with the Admin-
istrator of the General Services Adminis-
tration, establish appropriate procedures, 
methods, and best practices for use by 
agencies to select, monitor, and terminate 
contracts entered into pursuant to a utility 
incentive program under section 546(c) 
with utilities; 
‘‘(iii) carry out the responsibilities of 
the Secretary under section 801, as deter-
mined appropriate by the Secretary; 
‘‘(iv) establish and maintain internet- 
based information resources and project 
tracking systems and tools for energy and 
water management; 
‘‘(v) coordinate comprehensive and 
strategic approaches to energy and water 
resilience planning for agencies; and 
‘‘(vi) establish a recognition program 
for Federal achievement in energy and 
water management, energy-related invest-
ment practices, environmental stewardship,
1788 
and other relevant areas, through events 
such as individual recognition award cere-
monies and public announcements. 
‘‘(B) ENERGY AND WATER MANAGEMENT 
AND
REPORTING.—In administering the Pro-
gram, the Federal Director shall— 
‘‘(i) track and report on the progress 
of agencies in meeting the requirements of 
the agency under this section; 
‘‘(ii) make publicly available agency 
performance data required under— 
‘‘(I) this section and sections 
544, 546, 547, and 548; and 
‘‘(II) section 203 of the Energy 
Policy Act of 2005 (42 U.S.C. 
15852); 
‘‘(iii)(I) collect energy and water use 
and consumption data from each agency; 
and 
‘‘(II) based on that data, submit to 
each agency a report that will facilitate the 
energy and water management, energy-re-
lated investment practices, and environ-
mental stewardship of the agency in sup-
1789 
port of Federal goals under this Act and 
under other provisions of law; 
‘‘(iv) carry out the responsibilities of 
the Secretary under section 305 of the En-
ergy Conservation and Production Act (42 
U.S.C. 6834); 
‘‘(v) in consultation with the Adminis-
trator of the General Services Administra-
tion, acting through the head of the Office 
of High-Performance Green Buildings, es-
tablish and implement sustainable design 
principles for Federal facilities; and 
‘‘(vi) designate products that meet the 
highest energy conservation standards for 
categories not covered under the Energy 
Star program established under section 
324A of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6294a). 
‘‘(C) FEDERAL INTERAGENCY COORDINA-
TION.—In administering the Program, the Fed-
eral Director shall— 
‘‘(i) develop and implement accredited 
training consistent with existing Federal 
programs and activities—
1790 
‘‘(I) relating to energy and water 
use, management, and resilience in 
Federal facilities, energy-related in-
vestment practices, and environmental 
stewardship; and 
‘‘(II) 
that 
includes 
in-person 
training, 
internet-based 
programs, 
and 
national 
in-person 
training 
events; 
‘‘(ii) carry out the functions of the 
Secretary with respect to the Interagency 
Energy Management Task Force under 
section 547; and 
‘‘(iii) report on the implementation of 
the priorities of the President, including 
Executive orders, relating to energy and 
water use in Federal facilities, in coordina-
tion with— 
‘‘(I) the Office of Management 
and Budget; 
‘‘(II) the Council on Environ-
mental Quality; and 
‘‘(III) any other entity, as consid-
ered necessary by the Federal Direc-
tor.
1791 
‘‘(D) FACILITY
AND
FLEET
OPTIMIZA-
TION.—In administering the Program, the Fed-
eral Director shall develop guidance, supply as-
sistance to, and track the progress of agen-
cies— 
‘‘(i) in conducting portfolio-wide facil-
ity energy and water resilience planning 
and project integration; 
‘‘(ii) in building new construction and 
major renovations to meet the sustainable 
design and energy and water performance 
standards required under this section; 
‘‘(iii) in developing guidelines for— 
‘‘(I) facility commissioning; and 
‘‘(II) 
facility 
operations 
and 
maintenance; and 
‘‘(iv) in coordination with the Admin-
istrator of the General Services Adminis-
tration, in meeting statutory and agency 
goals for Federal fleet vehicles. 
‘‘(4) MANAGEMENT COUNCIL.—The Federal Di-
rector shall establish a management council to ad-
vise the Federal Director that shall— 
‘‘(A) convene not less frequently than once 
every quarter; and
1792 
‘‘(B) consist of representatives from— 
‘‘(i) the Council on Environmental 
Quality; 
‘‘(ii) the Office of Management and 
Budget; and 
‘‘(iii) the Office of Federal High-Per-
formance Green Buildings in the General 
Services Administration. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $36,000,000 for 
each of fiscal years 2021 through 2025.’’. 
CHAPTER 5—TARGETED RESIDENTIAL 
TREE-PLANTING 
SEC. 33261. DEFINITIONS. 
As used in this chapter: 
(1) The term ‘‘nonprofit tree-planting organiza-
tion’’ means any organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 501(c)(3)), that is exempt from taxation 
under section 501(a) of such Code (26 U.S.C. 
501(a)), which exists, in whole or in part, to— 
(A) expand urban and residential tree 
cover; 
(B) distribute young trees for planting;
1793 
(C) increase awareness of the environ-
mental and energy-related benefits of trees; 
(D) educate the public about proper tree 
planting, care, and maintenance strategies; or 
(E) carry out any combination of the fore-
going activities. 
(2) The term ‘‘retail power provider’’ means 
any entity authorized under applicable State or Fed-
eral law to generate, distribute, or provide retail 
electricity, natural gas, or fuel oil service. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Energy. 
(4) The term ‘‘State’’ means each of the several 
States, the District of Columbia, and each common-
wealth, territory, or possession of the United States. 
SEC. 33262. GRANT PROGRAM. 
(a) AUTHORITY.—The Secretary shall establish a 
grant program to provide financial assistance to retail 
power providers to support the establishment of new, or 
continued operation of existing, targeted residential tree- 
planting programs. 
(b) COOPERATION.—In carrying out the grant pro-
gram established pursuant to subsection (a), the Secretary 
may cooperate with, and provide assistance for such co-
1794 
operation to, State foresters or equivalent State officials 
or Indian Tribes. 
(c) REQUIREMENTS
FOR
TREE-PLANTING
PRO-
GRAMS.—In order to qualify for assistance under the 
grant program established pursuant to subsection (a), a 
retail power provider shall, in accordance with this chap-
ter, establish and operate, or continue operating, a tar-
geted residential tree-planting program that meets each 
of the following requirements: 
(1) The program shall provide free or dis-
counted shade-providing or wind-reducing trees to 
residential consumers. If providing free and dis-
counted trees under the program, priority for free 
trees shall be given to areas where the average an-
nual income is below the regional median. 
(2) The program shall either provide trees to 
plant to— 
(A) provide maximum amounts of shade 
during summer intervals when residences are 
exposed to the most sun intensity; or 
(B) provide maximum amounts of wind 
protection during fall and winter intervals when 
residences are exposed to the most wind inten-
sity.
1795 
(3) The program shall use the best available 
science to create, as needed, and utilize tree-siting 
guidelines which dictate where the optimum tree spe-
cies are best planted in locations that ensure ade-
quate root development and that achieve maximum 
reductions in consumer energy demand while causing 
the least disruption to public infrastructure, consid-
ering overhead and underground facilities. Such 
guidelines shall— 
(A) include the species and minimum size 
of trees that are mostly likely to result in a suc-
cessful tree planting; and 
(B) outline the minimum distance re-
quired— 
(i) between the trees that are being 
planted; and 
(ii) between such trees and building 
foundations, air conditioning units, drive-
ways and walkways, property fences, pre-
existing utility infrastructure, septic sys-
tems, swimming pools, and other infra-
structure as determined appropriate; and 
(C) ensure that trees planted under the 
tree-planting program near existing power lines
1796 
will not interfere with energized electricity dis-
tribution lines when mature. 
(4) The program shall provide that no new 
trees will be planted under or adjacent to high-volt-
age electric transmission lines without prior con-
sultation with the retail power provider with jurisdic-
tion over such transmission lines. 
(5) The program shall provide tree recipients 
with tree planting and tree care instruction and edu-
cation prior to or in conjunction with delivery of free 
or discounted trees. 
(6) The program shall provide for engagement 
and collaboration with community members that will 
be affected by the program. 
(7) The program shall provide tree care assist-
ance for trees planted under the program for a pe-
riod of time, to be determined by the retail power 
provider, in consultation with the nonprofit tree- 
planting organization, local municipal government, 
or conservation district with which the retail power 
provider has entered into an agreement described in 
subsection (e) and the applicable local technical advi-
sory committee established pursuant to subsection 
(f), to ensure long-term survival of the trees.
1797 
(8) The program has been certified by the Sec-
retary that it is designed to achieve the requirements 
set forth in paragraphs (1) through (7). In desig-
nating criteria for such certification, the Secretary 
shall collaborate with the Forest Service’s Urban 
and Community Forestry Program, and may consult 
with the Administrator of the Environmental Protec-
tion Agency, to ensure that such criteria are con-
sistent with such requirements. 
(d) NEW PROGRAM FUNDING SHARE.—The Sec-
retary shall ensure that no less than 30 percent of the 
funds made available under this chapter are distributed 
to retail power providers that— 
(1) have not previously established or operated 
a targeted residential tree-planting program that 
meets the requirements described in subsection (c); 
or 
(2) are operating a targeted residential tree- 
planting program that meets the requirements de-
scribed in subsection (c) which was established no 
more than three years prior to the date of enactment 
of this Act. 
(e) AGREEMENTS BETWEEN RETAIL POWER PRO-
VIDERS
AND NONPROFIT TREE-PLANTING ORGANIZA-
TIONS.—
1798 
(1) GRANT
AUTHORIZATION.—The Secretary 
may provide assistance under the grant program es-
tablished pursuant to subsection (a) only to a retail 
power provider that has entered into a binding legal 
agreement with a nonprofit tree-planting organiza-
tion. 
(2) CONDITIONS OF AGREEMENT.—An agree-
ment between a retail power provider and a non-
profit tree-planting organization described in para-
graph (1) shall set forth conditions under which 
such nonprofit tree-planting organization shall carry 
out a targeted residential tree-planting program that 
is established or operated by the retail power pro-
vider. Such conditions— 
(A) shall require the nonprofit tree-plant-
ing organization to participate in a local tech-
nical advisory committee in accordance with 
subsection (f); and 
(B) may require the nonprofit tree-plant-
ing organization to— 
(i) coordinate volunteer recruitment to 
assist with the physical act of planting 
trees in residential locations under the 
tree-planting program;
1799 
(ii) support a workforce development 
program that trains a local workforce and 
assists with job-placement; 
(iii) undertake a public awareness 
campaign to educate local residents about 
the benefits, cost savings, and availability 
of free trees; 
(iv) establish education and informa-
tion campaigns to encourage recipients of 
trees under the tree-planting program to 
maintain their trees over the long term; 
(v) serve as the point of contact for 
existing and potential residential partici-
pants who have questions or concerns re-
garding the tree-planting program; 
(vi) require recipients of trees under 
the tree-planting program to sign agree-
ments committing to voluntary stewardship 
and care of provided trees; and 
(vii) monitor and report on the sur-
vival, growth, overall health, and estimated 
energy savings of trees provided under the 
tree-planting program up until the end of 
their establishment period, which shall be 
no less than 5 years.
1800 
(3) LACK OF NONPROFIT TREE-PLANTING OR-
GANIZATION.—If a nonprofit tree-planting organiza-
tion does not exist or operate within the area served 
by a retail power provider applying for assistance 
under this section, the requirements of this section 
shall apply to binding legal agreements entered into 
by such retail power provider and one of the fol-
lowing entities: 
(A) A local municipal government with ju-
risdiction over the urban or suburban forest. 
(B) A conservation district. 
(f) TECHNICAL ADVISORY COMMITTEES.— 
(1) CONDITION.—In order to qualify for assist-
ance under the grant program established pursuant 
to subsection (a), a retail power provider shall agree 
to consult with the nonprofit tree-planting organiza-
tion, local municipal government, or conservation 
district with which the retail power provider has en-
tered into an agreement described in subsection (e) 
and State foresters or equivalent State officials to 
establish a local technical advisory committee de-
scribed in paragraph (2) not later than 30 days 
after receiving such assistance. 
(2) DESCRIPTION.—A local technical advisory 
committee shall provide advice to, and consult with,
1801 
a retail power provider and nonprofit tree-planting 
organization, local municipal government, or con-
servation district regarding the applicable targeted 
residential tree-planting program. The advisory com-
mittee may— 
(A) design and adopt an approved plant 
list for the tree-planting program that empha-
sizes the use of hardy, noninvasive tree species 
and, where geographically appropriate, the use 
of native or low water-use shade trees, or both; 
(B) design and adopt planting, installation, 
and maintenance specifications and create a 
process for inspection and quality control for 
the tree-planting program; 
(C) assist in developing long-term care and 
maintenance instructions for recipients of trees 
under the tree-planting program; 
(D) assist the retail power provider and 
nonprofit tree-planting organization, local mu-
nicipal government, or conservation district, as 
appropriate, with public outreach and education 
regarding the tree-planting program; 
(E) assist in establishing a procedure for 
monitoring and collection of data on tree 
health, tree survival, and energy conservation
1802 
benefits generated by the tree-planting pro-
gram; 
(F) provide guidelines and recommenda-
tions for establishing or supporting existing 
workforce development programs as part of, 
and for prioritizing local hiring under, a tree- 
planting program; and 
(G) assist the retail power provider in 
maintaining and compiling information regard-
ing the tree-planting program for purposes of 
the reports described in subsection (i)(1). 
(3) COMPENSATION.—Individuals serving on a 
local technical advisory committee shall not receive 
compensation for their service. 
(4) COMPOSITION.—Local technical advisory 
committees shall be composed of representatives 
from public, private, and nongovernmental organiza-
tions with expertise in demand-side energy efficiency 
management, urban forestry, arboriculture, or land-
scape architecture, and shall be composed of the fol-
lowing: 
(A) Up to four persons, but no less than 
one person, representing the retail power pro-
vider receiving assistance under this section.
1803 
(B) Up to four persons, but no less than 
one person, representing the nonprofit tree- 
planting organization that has entered into an 
agreement described in subsection (e) with the 
retail power provider to carry out the applicable 
targeted residential tree-planting program. 
(C) Up to three persons representing local 
nonprofit conservation or environmental organi-
zations. Preference shall be given to those orga-
nizations which are organized under section 
501(c)(3) of the Internal Revenue Code of 
1986, and which have demonstrated expertise 
engaging the public in energy conservation, en-
ergy efficiency, or green building practices or a 
combination thereof. No single organization 
may be represented by more than one individual 
under this subparagraph. 
(D) Up to two persons representing a local 
affordable housing agency, affordable housing 
builder, or community development corporation. 
(E) Up to three, but no less than one, per-
sons representing local city or county govern-
ment for each municipality where a targeted 
residential tree-planting program will take place 
and at least one of these representatives shall
1804 
be the city or county forester, city or county 
arborist, conservation district forester or func-
tional equivalent. 
(F) Up to one person representing the 
local government agency responsible for man-
agement of roads, sewers, and infrastructure, 
including public works departments, transpor-
tation agencies, or equivalents. 
(G) Up to two persons representing the 
nursery and landscaping industry. 
(H) Up to two persons, but no less than 
one person, representing State foresters, land-
scape architects, or equivalent State officials. 
(I) Up to three persons representing the 
research community or academia with expertise 
in natural resources or energy management 
issues. 
(5) CHAIRPERSON.— 
(A) IN
GENERAL.—Each local technical 
advisory committee shall elect a chairperson to 
preside over committee meetings, act as a liai-
son to governmental and other outside entities, 
and direct the general operation of the com-
mittee.
1805 
(B) ELIGIBILITY.—Only committee rep-
resentatives under paragraph (4)(A) or para-
graph (4)(B) shall be eligible to act as a local 
technical advisory committee chairperson. 
(6) CREDENTIALS.—At least one of the mem-
bers of each local technical advisory committee shall 
be certified with one or more of the following creden-
tials: 
(A) Certified Arborist, International Soci-
ety of Arboriculture. 
(B) Certified Forester, Society of Amer-
ican Foresters. 
(C) Certified Arborist Municipal Specialist, 
International Society of Arboriculture. 
(D) Certified Arborist Utility Specialist, 
International Society of Arboriculture. 
(E) Board Certified Master Arborist, 
International Society of Arboriculture. 
(F) Licensed landscape architect, Amer-
ican Society of Landscape Architects. 
(g) COST SHARE PROGRAM.— 
(1) FEDERAL SHARE.—The Federal share of 
support for any targeted residential tree-planting 
program funded under this section shall not exceed
1806 
50 percent of the cost of such program and shall be 
provided on a matching basis. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of such costs may be paid or contributed by 
any governmental or nongovernmental entity other 
than from funds derived directly or indirectly from 
an agency or instrumentality of the United States. 
(h) COMPETITIVE GRANT PROCEDURES.—Not later 
than 90 days after the date of enactment of this Act, after 
notice and opportunity for comment, the Secretary shall 
establish procedures for a public, competitive grants proc-
ess through which retail power providers may apply for 
assistance under this section. 
(i) REPORTS.— 
(1) TO
THE
SECRETARY.—Not later than 1 
year after receiving assistance under the grant pro-
gram established pursuant to subsection (a), and 
each subsequent year for the duration of the grant, 
each such recipient shall submit to the Secretary a 
report describing the results of the activities funded 
by such assistance, including as applicable— 
(A) the number of trees planted under the 
applicable targeted residential tree-planting pro-
gram;
1807 
(B) the benefits of the applicable targeted 
residential tree-planting program to the local 
community; 
(C) any barriers to planting trees as part 
of the applicable targeted residential tree-plant-
ing program; and 
(D) any other information the Secretary 
considers appropriate. 
(2) TO
CONGRESS.—Not later than 3 years 
after providing assistance under the grant program 
established pursuant to subsection (a), and each 
year after, the Secretary shall submit to Congress a 
report that includes— 
(A) the number of applications for assist-
ance under the program received and funded, 
annually; 
(B) the number of trees planted under the 
targeted residential tree-planting programs for 
which assistance is provided under the program; 
(C) the benefits of such tree-planting pro-
grams, including those related to climate 
change, energy savings, and stormwater runoff; 
(D) any barriers to planting trees in com-
munities;
1808 
(E) recommendations for improving the 
grant program; and 
(F) any other information the Secretary 
considers appropriate. 
SEC. 33263. PUBLIC RECOGNITION INITIATIVE. 
(a) ARBOR CITY OF AMERICA.—The Secretary shall 
annually— 
(1) designate a city, municipality, community, 
or other area as the Secretary determines appro-
priate, as the ‘‘Arbor City of America’’ to recognize 
superior efforts in increasing tree canopy coverage 
and assisting residents in reducing energy costs 
through tree planting; and 
(2) provide funding to such city, municipality, 
community, or other area to carry out projects that 
increase green infrastructure or green spaces within 
such city, municipality, community, or other area. 
(b) PROCEDURES.—Not later than 90 days after the 
date of enactment of this Act, after notice and opportunity 
for comment, the Secretary shall establish procedures for 
carrying out this section. 
SEC. 33264. NONDUPLICITY. 
Nothing in this chapter shall be construed to super-
sede, duplicate, cancel, or negate the programs or authori-
1809 
ties provided under section 9 of the Cooperative Forestry 
Assistance Act of 1978 (16 U.S.C. 2105). 
SEC. 33265. AUTHORIZATION OF APPROPRIATIONS. 
For each of fiscal years 2021 through 2025, there 
are authorized to be appropriated $5,000,000 to carry out 
this chapter, of which $250,000 shall be used to provide 
funding to the applicable city, municipality, community, 
or other area designated under section 33263 as the Arbor 
City of America for such year for projects described in 
such section. 
CHAPTER 6—INDUSTRIAL ENERGY 
SAVINGS 
SEC. 33271. REBATE PROGRAM FOR ENERGY EFFICIENT 
ELECTROTECHNOLOGIES. 
(a) DEFINITIONS.—In this section: 
(1) 
ENERGY
EFFICIENT 
ELECTROTECHNOLOGY.—The term ‘‘energy efficient 
electrotechnology’’ means— 
(A) any electric technology that, when used 
instead of a fossil fuel-fired technology in an in-
dustrial process results in— 
(i) energy efficiency, or production ef-
ficiency, gains; or 
(ii) environmental benefits; or
1810 
(B) any electric technology that, when used 
instead of a fossil fuel-fired technology in an in-
dustrial application results in— 
(i) improvements in on-site logistics or 
material handling; and 
(ii) energy efficiency gains and envi-
ronmental benefits. 
(2) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means an industrial or manufacturing facil-
ity, commercial building, or a utility or energy serv-
ice company. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall es-
tablish a program to provide rebates in accordance with 
this section. 
(c) REBATES.—The Secretary may provide a rebate 
under the program established under subsection (b) to the 
owner or operator of a qualified entity for expenditures 
made by the owner or operator of the qualified entity for 
an energy efficient electrotechnology that is used to re-
place a fossil fuel-fired technology. 
(d) REQUIREMENTS.—To be eligible to receive a re-
bate under this section, the owner or operator of a quali-
1811 
fied entity shall submit to the Secretary an application 
demonstrating— 
(1) that the owner or operator of the qualified 
entity 
purchased 
an 
energy 
efficient 
electrotechnology; 
(2) the energy efficiency gains, production effi-
ciency gains, and environmental benefits, as applica-
ble, resulting from use of the energy efficient 
electrotechnology— 
(A) as measured by a qualified professional 
or 
verified 
by 
the 
energy 
efficient 
electrotechnology manufacturer, as applicable; 
or 
(B) as determined by the Secretary; 
(3) that the fossil fuel-fired technology replaced 
by the energy efficient electrotechnology has been 
permanently decommissioned and scrapped; and 
(4) that all laborers and mechanics who were 
involved in the installation or maintenance, or con-
struction or renovation to support such installation 
or 
maintenance, 
of 
the 
energy 
efficient 
electrotechnology, or the decommissioning and scrap-
ping of the fossil fuel-fired technology replaced by 
the energy efficient electrotechnology, and who were 
employed by the owner or operator of the qualified
1812 
entity, or contractors or subcontractors at any tier 
thereof, were paid wages at rates not less than those 
prevailing on projects of a character similar in the 
locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of title 
40, United States Code (commonly referred to as 
the ‘‘Davis-Bacon Act’’). 
(e) LIMITATION.—The Secretary may not provide a 
rebate under the program established under subsection (b) 
to an owner or operator of a qualified entity for expendi-
tures made by the owner or operator of the qualified entity 
for an energy efficient electrotechnology that is used to 
replace a fossil fuel-fired technology if the Secretary deter-
mines that such expenditures were necessary for the owner 
or operator to comply with Federal or State law. 
(f) AUTHORIZED AMOUNT OF REBATE.—The amount 
of a rebate provided under this section shall be not less 
than 30 percent, and not more than 50 percent, of the 
overall cost of the energy efficient electrotechnology, in-
cluding installation costs. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for each of fiscal years 2020 through 2024.
1813 
Subtitle C—Vehicles 
CHAPTER 1—DERA 
SEC. 33301. 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 by striking ‘‘$100,000,000 
for each of fiscal years 2012 through 2016’’ and inserting 
‘‘$500,000,000 for each of fiscal years 2021 through 
2025’’. 
CHAPTER 2—CLEAN COMMUTE FOR KIDS 
SEC. 33311. REAUTHORIZATION OF CLEAN SCHOOL BUS 
PROGRAM. 
(a) DEFINITIONS.— 
(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.’’.
1814 
(2) CLEAN
SCHOOL
BUS.—Paragraph (3) of 
section 741(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16091(a)) is amended to read as follows: 
‘‘(3) CLEAN
SCHOOL
BUS.—The term ‘clean 
school bus’ means— 
‘‘(A) a school bus with a gross vehicle 
weight of greater than 14,000 pounds that— 
‘‘(i) is powered by a heavy duty en-
gine; and 
‘‘(ii) is operated solely on an alter-
native fuel or ultra-low sulfur diesel fuel; 
or 
‘‘(B) a vehicle designed to carry more than 
10 passengers that— 
‘‘(i) complies with Federal motor vehi-
cle safety standards for school buses; and 
‘‘(ii) meets or exceeds Federal vehicle 
emission standards for medium-duty pas-
senger vehicles for model year 2016.’’. 
(b) PROGRAM FOR RETROFIT OR REPLACEMENT OF 
CERTAIN
EXISTING
SCHOOL
BUSES
WITH
CLEAN 
SCHOOL BUSES.— 
(1) NATIONAL GRANT, REBATE, AND LOAN PRO-
GRAMS.—
1815 
(A) IN GENERAL.—Section 741(b)(1)(A) of 
the Energy Policy Act of 2005 (42 U.S.C. 
16091(b)(1)(A)) is amended by inserting after 
‘‘awarding grants’’ the following: ‘‘, rebates, 
and low-cost revolving loans, as determined by 
the Administrator, including through contracts 
pursuant to subsection (d),’’. 
(B) CONFORMING CHANGES.—Section 741 
of the Energy Policy Act of 2005 (42 U.S.C. 
16091) is amended— 
(i) in subsection (a)(4)(B), by striking 
‘‘grant 
funds’’ 
and 
inserting 
‘‘award 
funds’’; 
(ii) in subsection (b)(1)(B), by strik-
ing ‘‘awarding grants’’ each place it ap-
pears and inserting ‘‘making awards’’; 
(iii) in the heading of subsection 
(b)(2), by striking ‘‘GRANT APPLICATIONS’’ 
and inserting ‘‘AWARD APPLICATIONS’’; 
(iv) in subsection (b)(2)(A), by strik-
ing ‘‘grant applications’’ and inserting 
‘‘award applications’’; 
(v) in subsection (b)(3)(A), by strik-
ing ‘‘grant’’ and insert ‘‘award’’; 
(vi) and (b)(4)—
1816 
(I) in the paragraph heading, by 
striking 
‘‘GRANTS’’ 
and 
inserting 
‘‘AWARDS’’; and 
(II) by striking ‘‘award grants’’ 
and inserting ‘‘make awards’’; 
(vii) in subsection (b)(7)— 
(I) by striking ‘‘grant awards’’ 
and inserting ‘‘awards’’; and 
(II) by striking ‘‘grant funding’’ 
and inserting ‘‘funding’’; 
(viii) in subsection (b)(8)(A)(ii)— 
(I) in subclauses (I) and (II), by 
striking ‘‘grant applications’’ each 
place it appears and inserting ‘‘award 
applications’’; and 
(II) in subclause (III)— 
(aa) by striking ‘‘grants 
awarded’’ and inserting ‘‘awards 
made’’; and 
(bb) by striking ‘‘grant re-
cipients’’ and inserting ‘‘award 
recipients’’; and 
(ix) in subsection (c)(3)— 
(I) in subparagraph (A)—
1817 
(aa) by striking ‘‘grant re-
cipients’’ and inserting ‘‘award 
recipients’’; and 
(bb) by striking ‘‘grants’’ 
and inserting ‘‘awards’’; and 
(II) in subparagraph (C), by 
striking ‘‘grant program’’ and insert-
ing ‘‘award program’’. 
(2) PRIORITY OF AWARD 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)— 
(i) by striking ‘‘1977’’ and inserting 
‘‘2007’’; and 
(ii) by inserting before the period at 
the end ‘‘with clean school buses with low 
or zero emissions’’; and 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) RETROFITTING.—In the case of 
award applications to retrofit school buses, the 
Administrator shall give highest priority to ap-
plicants that propose to retrofit school buses 
manufactured in or after model year 2010 to 
become clean school buses.’’.
1818 
(3) 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,’’. 
(4) REPLACEMENT AWARDS.—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 AWARDS.—In the case of 
awards to replace school buses— 
‘‘(A) the Administrator may make awards 
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.’’. 
(5) 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 paragraph (7) as 
paragraph (6). 
(6) SCRAPPAGE.—Section 741(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 16091(b)) is further 
amended by inserting after paragraph (6), as redes-
ignated, the following new paragraph:
1819 
‘‘(7) SCRAPPAGE.—In the case of an award 
under this section for the replacement of a school 
bus or a retrofit including installation of a new en-
gine, the Administrator shall require the recipient of 
the award to verify that the replaced bus, or the en-
gine of a retrofitted bus that was removed, was re-
turned to the supplier for remanufacturing to a 
more stringent set of engine emissions standards or 
for scrappage.’’. 
(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 Clean Commute 
for Kids Act of 2020, the Administrator shall de-
velop an education outreach program to promote and 
explain the award program under subsection (b), as 
amended by such Act.’’. 
(d) 
CONTRACT
PROGRAMS; 
ADMINISTRATIVE 
COSTS.—Section 741 of the Energy Policy Act of 2005 
(42 U.S.C. 16091) is amended— 
(1) by redesignating subsection (d) as sub-
section (f); and 
(2) by inserting after subsection (c) the fol-
lowing new subsections:
1820 
‘‘(d) CONTRACT PROGRAMS.— 
‘‘(1) AUTHORITY.—In addition to the use of 
contracting authority otherwise available to the Ad-
ministrator, the Administrator may enter into con-
tracts with eligible contractors described in para-
graph (2) for awarding rebates and low-cost revolv-
ing loans pursuant to subsection (b)(1). 
‘‘(2) ELIGIBLE CONTRACTORS.—A contractor is 
an eligible contractor described in this paragraph if 
the contractor is a for-profit, not-for-profit, or non-
profit entity that has the capacity— 
‘‘(A) to sell clean school buses or equip-
ment to, or to arrange financing for, individuals 
or entities that own a school bus or fleet of 
school buses; or 
‘‘(B) to upgrade school buses or their 
equipment with verified or Environmental Pro-
tection Agency-certified engines or technologies, 
or to arrange financing for such upgrades. 
‘‘(e) ADMINISTRATIVE COSTS.—The Administrator 
may not use, for the administrative costs of carrying out 
this section, more than one percent of the amounts made 
available to carry out this section for any fiscal year.’’. 
(e) AUTHORIZATION
OF
APPROPRIATIONS.—Sub-
section (f), as redesignated, of section 741 of the Energy
1821 
Policy Act of 2005 (42 U.S.C. 16091) is amended to read 
as follows: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the Administrator to carry out this 
section, 
to 
remain 
available 
until 
expended, 
$130,000,000 for each of fiscal years 2021 through 
2025, of which not less than $45,000,000 each such 
fiscal year shall be used for grants under this section 
to eligible recipients proposing to replace or retrofit 
school buses to serve an underserved or disadvan-
taged community. 
‘‘(2) DEFINITION.—In this subsection, the term 
‘underserved or disadvantaged community’ means a 
community located in a zip code within a census 
tract that is identified as— 
‘‘(A) a low-income community; 
‘‘(B) an urban community of color; or 
‘‘(C) any other urban community that the 
Administrator determines is disproportionately 
vulnerable to, or bears a disproportionate bur-
den of, any combination of economic, social, 
and environmental stressors.’’.
1822 
SEC. 33312. STUDY ON IMPACT OF AIR POLLUTION FROM 
VEHICLES IDLING IN SCHOOL ZONES. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Health and Human Services 
and the Administrator of the Environmental Protection 
Agency, acting jointly, shall— 
(1) complete a study on the impacts on the 
health of children related to the emission of air pol-
lutants from school buses and other vehicles idling 
in school zones; and 
(2) submit a report to the Congress on the re-
sults of such study. 
CHAPTER 3—REFRIGERATED VEHICLES 
SEC. 33321. PILOT PROGRAM FOR THE ELECTRIFICATION 
OF CERTAIN REFRIGERATED VEHICLES. 
(a) ESTABLISHMENT OF PILOT PROGRAM.—The Ad-
ministrator shall establish and carry out a pilot program 
to award funds, in the form of grants, rebates, and low- 
cost revolving loans, as determined appropriate by the Ad-
ministrator, on a competitive basis, to eligible entities to 
carry out projects described in subsection (b). 
(b) PROJECTS.—An eligible entity receiving an award 
of funds under subsection (a) may use such funds only 
for one or more of the following projects: 
(1) TRANSPORT
REFRIGERATION
UNIT
RE-
PLACEMENT.—A project to retrofit a heavy-duty ve-
1823 
hicle by replacing or retrofitting the existing diesel- 
powered transport refrigeration unit in such vehicle 
with an electric transport refrigeration unit and re-
tiring the replaced unit for scrappage. 
(2) 
SHORE
POWER
INFRASTRUCTURE.—A 
project to purchase and install shore power infra-
structure or other equipment that enables transport 
refrigeration units to connect to electric power and 
operate without using diesel fuel. 
(c) MAXIMUM AMOUNTS.—The amount of an award 
of funds under subsection (a) shall not exceed— 
(1) for the costs of a project described in sub-
section (b)(1), 75 percent of such costs; and 
(2) for the costs of a project described in sub-
section (b)(2), 55 percent of such costs. 
(d) APPLICATIONS.—To be eligible to receive an 
award of funds under subsection (a), an eligible entity 
shall submit to the Administrator— 
(1) a description of the air quality in the area 
served by the eligible entity, including a description 
of how the air quality is affected by diesel emissions 
from heavy-duty vehicles; 
(2) a description of the project proposed by the 
eligible entity, including—
1824 
(A) any technology to be used or funded by 
the eligible entity; and 
(B) a description of the heavy-duty vehicle 
or vehicles of the eligible entity, that will be ret-
rofitted, if any, including— 
(i) the number of such vehicles; 
(ii) the uses of such vehicles; 
(iii) the locations where such vehicles 
dock for the purpose of loading or unload-
ing; and 
(iv) the routes driven by such vehicles, 
including the times at which such vehicles 
are driven; 
(3) an estimate of the cost of the proposed 
project; 
(4) a description of the age and expected life-
time control of the equipment used or funded by the 
eligible entity; and 
(5) 
provisions 
for 
the 
monitoring 
and 
verification of the project including to verify 
scrappage of replaced units. 
(e) PRIORITY.—In awarding funds under subsection 
(a), the Administrator shall give priority to proposed 
projects that, as determined by the Administrator— 
(1) maximize public health benefits;
1825 
(2) are the most cost-effective; and 
(3) will serve the communities that are most 
polluted by diesel motor emissions, including com-
munities that the Administrator identifies as being 
in either nonattainment or maintenance of the na-
tional ambient air quality standards for a criteria 
pollutant, particularly for— 
(A) ozone; and 
(B) particulate matter. 
(f) DATA RELEASE.—Not later than 120 days after 
the date on which an award of funds is made under this 
section, the Administrator shall publish on the website of 
the Environmental Protection Agency, on a downloadable 
electronic database, information with respect to such 
award of funds, including— 
(1) the name and location of the recipient; 
(2) the total amount of funds awarded; 
(3) the intended use or uses of the awarded 
funds; 
(4) the date on which the award of funds was 
approved; 
(5) where applicable, an estimate of any air pol-
lution or greenhouse gas emissions avoided as a re-
sult of the project funded by the award; and
1826 
(6) any other data the Administrator deter-
mines to be necessary for an evaluation of the use 
and effect of awarded funds provided under this sec-
tion. 
(g) REPORTS TO CONGRESS.— 
(1) ANNUAL REPORT TO CONGRESS.—Not later 
than 1 year after the date of the establishment of 
the pilot program under this section, and annually 
thereafter until amounts made available to carry out 
this section are expended, the Administrator shall 
submit to Congress and make available to the public 
a report that describes, with respect to the applica-
ble year— 
(A) the number of applications for awards 
of funds received under such program; 
(B) all awards of funds made under such 
program, including a summary of the data de-
scribed in subsection (f); 
(C) the estimated reduction of annual 
emissions of air pollutants regulated under sec-
tion 109 of the Clean Air Act (42 U.S.C. 
7409), and the estimated reduction of green-
house gas emissions, associated with the awards 
of funds made under such program;
1827 
(D) the number of awards of funds made 
under such program for projects in communities 
described in subsection (e)(3); and 
(E) any other data the Administrator de-
termines to be necessary to describe the imple-
mentation, outcomes, or effectiveness of such 
program. 
(2) FINAL
REPORT.—Not later than 1 year 
after amounts made available to carry out this sec-
tion are expended, or 5 years after the pilot program 
is established, whichever comes first, the Adminis-
trator shall submit to Congress and make available 
to the public a report that describes— 
(A) all of the information collected for the 
annual reports under paragraph (1); 
(B) any benefits to the environment or 
human health that could result from the wide-
spread application of electric transport refrig-
eration units for short-haul transportation and 
delivery of perishable goods or other goods re-
quiring climate-controlled conditions, including 
in low-income communities and communities of 
color; 
(C) any challenges or benefits that recipi-
ents of awards of funds under such program re-
1828 
ported with respect to the integration or use of 
electric transport refrigeration units and associ-
ated technologies; 
(D) an assessment of the national market 
potential for electric transport refrigeration 
units; 
(E) an assessment of challenges and op-
portunities for widespread deployment of elec-
tric transport refrigeration units, including in 
urban areas; and 
(F) recommendations for how future Fed-
eral, State, and local programs can best support 
the adoption and widespread deployment of 
electric transport refrigeration units. 
(h) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) DIESEL-POWERED TRANSPORT REFRIGERA-
TION UNIT.—The term ‘‘diesel-powered transport re-
frigeration unit’’ means a transport refrigeration 
unit that is powered by an independent diesel inter-
nal combustion engine. 
(3) ELECTRIC
TRANSPORT
REFRIGERATION 
UNIT.—The term ‘‘electric transport refrigeration
1829 
unit’’ means a transport refrigeration unit in which 
the refrigeration or climate-control system is driven 
by an electric motor when connected to shore power 
infrastructure or other equipment that enables 
transport refrigeration units to connect to electric 
power, including all-electric transport refrigeration 
units, hybrid electric transport refrigeration units, 
and standby electric transport refrigeration units. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a regional, State, local, or Tribal agen-
cy, or port authority, with jurisdiction over 
transportation or air quality; 
(B) a nonprofit organization or institution 
that— 
(i) represents or provides pollution re-
duction or educational services to persons 
or organizations that own or operate 
heavy-duty vehicles or fleets of heavy-duty 
vehicles; or 
(ii) has, as its principal purpose, the 
promotion of air quality; 
(C) an individual or entity that is the 
owner of record of a heavy-duty vehicle or a 
fleet of heavy-duty vehicles that operates for the
1830 
transportation and delivery of perishable goods 
or other goods requiring climate-controlled con-
ditions; 
(D) an individual or entity that is the 
owner of record of a facility that operates as a 
warehouse or storage facility for perishable 
goods or other goods requiring climate-con-
trolled conditions; or 
(E) a hospital or public health institution 
that utilizes refrigeration for storage of perish-
able goods or other goods requiring climate-con-
trolled conditions. 
(5) HEAVY-DUTY VEHICLE.—The term ‘‘heavy- 
duty vehicle’’ means— 
(A) a commercial truck or van— 
(i) used for the primary purpose of 
transporting perishable goods or other 
goods requiring climate-controlled condi-
tions; and 
(ii) with a gross vehicle weight rating 
greater than 6,000 pounds; or 
(B) an insulated cargo trailer used in 
transporting perishable goods or other goods re-
quiring 
climate-controlled 
conditions 
when 
mounted on a semitrailer.
1831 
(6) SHORE
POWER
INFRASTRUCTURE.—The 
term ‘‘shore power infrastructure’’ means electrical 
infrastructure that provides power to the electric 
transport refrigeration unit of a heavy-duty vehicle 
when such vehicle is stationary on a property where 
such vehicle is parked or loaded, including a food 
distribution center or other location where heavy- 
duty vehicles congregate. 
(7) TRANSPORT
REFRIGERATION
UNIT.—The 
term ‘‘transport refrigeration unit’’ means a climate- 
control system installed on a heavy-duty vehicle for 
the purpose of maintaining the quality of perishable 
goods or other goods requiring climate-controlled 
conditions. 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $10,000,000, 
to remain available until expended. 
(2) ADMINISTRATIVE EXPENSES.—The Admin-
istrator may use not more than 1 percent of 
amounts made available pursuant to paragraph (1) 
for administrative expenses to carry out this section. 
CHAPTER 4—EV INFRASTRUCTURE 
SEC. 33331. DEFINITIONS. 
In this chapter:
1832 
(1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 
The term ‘‘electric vehicle supply equipment’’ means 
any conductors, including ungrounded, grounded, 
and equipment grounding conductors, electric vehicle 
connectors, attachment plugs, and all other fittings, 
devices, power outlets, or apparatuses installed spe-
cifically for the purpose of delivering energy to an 
electric vehicle. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(3) UNDERSERVED OR DISADVANTAGED COM-
MUNITY.—The term ‘‘underserved or disadvantaged 
community’’ means— 
(A) a community located in a ZIP code 
that includes a census tract that is identified 
as— 
(i) a low-income community; or 
(ii) a community of color; or 
(B) any other community that the Sec-
retary determines is disproportionately vulner-
able to, or bears a disproportionate burden of, 
any combination of economic, social, and envi-
ronmental stressors.
1833 
SEC. 33332. ELECTRIC VEHICLE SUPPLY EQUIPMENT RE-
BATE PROGRAM. 
(a) REBATE PROGRAM.—Not later than January 1, 
2021, the Secretary shall establish a rebate program to 
provide rebates for covered expenses associated with pub-
licly accessible electric vehicle supply equipment (in this 
section referred to as the ‘‘rebate program’’). 
(b) REBATE PROGRAM REQUIREMENTS.— 
(1) ELIGIBLE ENTITIES.—A rebate under the 
rebate program may be made to an individual, a 
State, local, Tribal, or Territorial government, a pri-
vate entity, a not-for-profit entity, a nonprofit entity, 
or a metropolitan planning organization. 
(2) ELIGIBLE EQUIPMENT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary shall publish and maintain 
on the Department of Energy internet website 
a list of electric vehicle supply equipment that 
is eligible for the rebate program. 
(B) UPDATES.—The Secretary may, by 
regulation, add to, or otherwise revise, the list 
of electric vehicle supply equipment under sub-
paragraph (A) if the Secretary determines that 
such addition or revision will likely lead to—
1834 
(i) greater usage of electric vehicle 
supply equipment; 
(ii) greater access to electric vehicle 
supply equipment by users; or 
(iii) an improved experience for users 
of electric vehicle supply equipment. 
(C) LOCATION REQUIREMENT.—To be eli-
gible for the rebate program, the electric vehicle 
supply equipment described in subparagraph 
(A) shall be installed— 
(i) in the United States; 
(ii) on property— 
(I) owned by the eligible entity 
under paragraph (1); or 
(II) on which the eligible entity 
under paragraph (1) has authority to 
install electric vehicle supply equip-
ment; and 
(iii) at a location that is— 
(I) a multi-unit housing struc-
ture; 
(II) a workplace; 
(III) a commercial location; or 
(IV) open to the public for a 
minimum of 12 hours per day;
1835 
(3) APPLICATION.— 
(A) IN GENERAL.—An eligible entity under 
paragraph (1) may submit to the Secretary an 
application for a rebate under the rebate pro-
gram. Such application shall include— 
(i) the estimated cost of covered ex-
penses to be expended on the electric vehi-
cle supply equipment that is eligible under 
paragraph (2); 
(ii) the estimated installation cost of 
the electric vehicle supply equipment that 
is eligible under paragraph (2); 
(iii) the global positioning system lo-
cation, including the integer number of de-
grees, minutes, and seconds, where such 
electric vehicle supply equipment is to be 
installed, and identification of whether 
such location is— 
(I) a multi-unit housing struc-
ture; 
(II) a workplace; 
(III) a commercial location; or 
(IV) open to the public for a 
minimum of 12 hours per day;
1836 
(iv) the technical specifications of 
such electric vehicle supply equipment, in-
cluding the maximum power voltage and 
amperage of such equipment; and 
(v) any other information determined 
by the Secretary to be necessary for a com-
plete application. 
(B) REVIEW
PROCESS.—The Secretary 
shall review an application for a rebate under 
the rebate program and approve an eligible en-
tity under paragraph (1) to receive such rebate 
if the application meets the requirements of the 
rebate program under this subsection. 
(C) NOTIFICATION TO ELIGIBLE ENTITY.— 
Not later than 1 year after the date on which 
the eligible entity under paragraph (1) applies 
for a rebate under the rebate program, the Sec-
retary shall notify the eligible entity whether 
the eligible entity will be awarded a rebate 
under the rebate program following the submis-
sion of additional materials required under 
paragraph (5). 
(4) REBATE AMOUNT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amount of a rebate made
1837 
under the rebate program for each charging 
unit shall be the lesser of— 
(i) 75 percent of the applicable cov-
ered expenses; 
(ii) $2,000 for covered expenses asso-
ciated with the purchase and installation of 
non-networked level 2 charging equipment; 
(iii) $4,000 for covered expenses asso-
ciated with the purchase and installation of 
networked level 2 charging equipment; or 
(iv) $100,000 for covered expenses as-
sociated with the purchase and installation 
of networked direct current fast charging 
equipment. 
(B) REBATE AMOUNT FOR REPLACEMENT 
EQUIPMENT.—A rebate made under the rebate 
program for replacement of pre-existing electric 
vehicle supply equipment at a single location 
shall be the lesser of— 
(i) 75 percent of the applicable cov-
ered expenses; 
(ii) $1,000 for covered expenses asso-
ciated with the purchase and installation of 
non-networked level 2 charging equipment;
1838 
(iii) $2,000 for covered expenses asso-
ciated with the purchase and installation of 
networked level 2 charging equipment; or 
(iv) $25,000 for covered expenses as-
sociated with the purchase and installation 
of networked direct current fast charging 
equipment. 
(5) DISBURSEMENT OF REBATE.— 
(A) IN
GENERAL.—The Secretary shall 
disburse a rebate under the rebate program to 
an eligible entity under paragraph (1), following 
approval of an application under paragraph (3), 
if such entity submits the materials required 
under subparagraph (B). 
(B) MATERIALS REQUIRED FOR DISBURSE-
MENT OF REBATE.—Not later than one year 
after the date on which the eligible entity under 
paragraph (1) receives notice under paragraph 
(3)(C) that the eligible entity has been ap-
proved for a rebate, such eligible entity shall 
submit to the Secretary the following— 
(i) a record of payment for covered 
expenses expended on the installation of 
the electric vehicle supply equipment that 
is eligible under paragraph (2);
1839 
(ii) a record of payment for the elec-
tric vehicle supply equipment that is eligi-
ble under paragraph (2); 
(iii) the global positioning system lo-
cation of where such electric vehicle supply 
equipment was installed and identification 
of whether such location is— 
(I) a multi-unit housing struc-
ture; 
(II) a workplace; 
(III) a commercial location; or 
(IV) open to the public for a 
minimum of 12 hours per day; 
(iv) the technical specifications of the 
electric vehicle supply equipment that is el-
igible under paragraph (2), including the 
maximum power voltage and amperage of 
such equipment; and 
(v) any other information determined 
by the Secretary to be necessary. 
(C) AGREEMENT TO MAINTAIN.—To be eli-
gible for a rebate under the rebate program, an 
eligible entity under paragraph (1) shall enter 
into an agreement with the Secretary to main-
tain the electric vehicle supply equipment that
1840 
is eligible under paragraph (2) in a satisfactory 
manner for not less than 5 years after the date 
on which the eligible entity under paragraph (1) 
receives the rebate under the rebate program. 
(D) EXCEPTION.—The Secretary shall not 
disburse a rebate under the rebate program if 
materials submitted under subparagraph (B) do 
not meet the same global positioning system lo-
cation and technical specifications for the elec-
tric vehicle supply equipment that is eligible 
under paragraph (2) provided in an application 
under paragraph (3). 
(6) MULTI-PORT CHARGERS.—An eligible entity 
under paragraph (1) shall be awarded a rebate 
under the rebate program for covered expenses relat-
ing to the purchase and installation of a multi-port 
charger based on the number of publicly accessible 
charging ports, with each subsequent port after the 
first port being eligible for 50 percent of the full re-
bate amount. 
(7) HYDROGEN FUEL CELL REFUELING INFRA-
STRUCTURE.—Hydrogen fuel cell refueling equip-
ment shall be eligible for a rebate under the rebate 
program. All requirements related to public accessi-
bility of installed locations shall apply. Of the
1841 
amounts appropriated to carry out the rebate pro-
gram, not more than 25 percent may be used for re-
bates for hydrogen fuel cell refueling equipment. 
(8) REPORT.—Not later than 3 years after the 
first date on which the Secretary awards a rebate 
under the rebate program, the Secretary shall sub-
mit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a re-
port of the number of rebates awarded for electric 
vehicle supply equipment and hydrogen fuel cell re-
fueling equipment in each of the location categories 
described in paragraph (2)(C)(iii). 
(c) DEFINITIONS.—In this section: 
(1) COVERED EXPENSES.—The term ‘‘covered 
expenses’’ means an expense that is associated with 
the purchase and installation of electric vehicle sup-
ply equipment, including— 
(A) the cost of electric vehicle supply 
equipment; 
(B) labor costs associated with the installa-
tion of such electric vehicle supply equipment, 
only if wages for such labor are paid at rates 
not less than those prevailing on similar labor 
in the locality of installation, as determined by
1842 
the Secretary of Labor under subchapter IV of 
chapter 31 of title 40, United States Code 
(commonly referred to as the ‘‘Davis-Bacon 
Act’’); 
(C) material costs associated with the in-
stallation of such electric vehicle supply equip-
ment, including expenses involving electrical 
equipment and necessary upgrades or modifica-
tions to the electrical grid and associated infra-
structure required for the installation of such 
electric vehicle supply equipment; 
(D) permit costs associated with the instal-
lation of such electric vehicle supply equipment; 
and 
(E) the cost of an on-site energy storage 
system. 
(2) ELECTRIC
VEHICLE.—The term ‘‘electric 
vehicle’’ means a vehicle that derives all or part of 
its power from electricity. 
(3) MULTI-PORT CHARGER.—The term ‘‘multi- 
port charger’’ means electric vehicle supply equip-
ment capable of charging more than one electric ve-
hicle. 
(4) LEVEL
CHARGING
EQUIPMENT.—The 
term ‘‘level 2 charging equipment’’ means electric
1843 
vehicle supply equipment that provides an alter-
nating current power source at a minimum of 208 
volts. 
(5) 
NETWORKED
DIRECT
CURRENT
FAST 
CHARGING EQUIPMENT.—The term ‘‘networked di-
rect current fast charging equipment’’ means electric 
vehicle supply equipment that provides a direct cur-
rent power source at a minimum of 50 kilowatts and 
is enabled to connect to a network to facilitate data 
collection and access. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for each of fiscal years 2021 through 2025. 
SEC. 33333. EXPANDING ACCESS TO ELECTRIC VEHICLES IN 
UNDERSERVED COMMUNITIES. 
(a) ASSESSMENT.— 
(1) IN GENERAL.— 
(A) ASSESSMENT.—The Secretary shall 
conduct an assessment of the state of, chal-
lenges to, and opportunities for the deployment 
of electric vehicle charging infrastructure in un-
derserved or disadvantaged communities located 
in major urban areas and rural areas through-
out the United States.
1844 
(B) REPORT.—Not later than 1 year after 
the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on Energy 
and Commerce of the House of Representatives 
and the Committee on Energy and Natural Re-
sources of the Senate a report on the results of 
the assessment conducted under subparagraph 
(A), which shall— 
(i) describe the state of deployment of 
electric vehicle charging infrastructure in 
underserved or disadvantaged communities 
located in major urban areas and rural 
areas by providing— 
(I) the number of existing and 
planned Level 2 charging stations and 
DC FAST charging stations per cap-
ita in each State for charging individ-
ually owned light-duty and medium- 
duty electric vehicles; 
(II) the number of existing and 
planned Level 2 charging stations and 
DC FAST charging stations for 
charging public and private fleet elec-
tric vehicles and medium- and heavy-
1845 
duty electric equipment and electric 
vehicles; 
(III) the number of Level 2 
charging stations and DC FAST 
charging stations installed in or avail-
able to occupants of publicly owned 
and privately owned multi-unit dwell-
ings; 
(IV) information pertaining to 
policies, plans, and programs that cit-
ies, States, utilities, and private enti-
ties are using to encourage greater de-
ployment and usage of electric vehi-
cles and the associated electric vehicle 
charging infrastructure, including pro-
grams to encourage deployment of 
charging stations available to resi-
dents in publicly owned and privately 
owned multi-unit dwellings; 
(V) information pertaining to 
ownership models for Level 2 charging 
stations and DC FAST charging sta-
tions located in publicly owned and 
privately owned residential multi-unit 
dwellings, commercial buildings, pub-
1846 
lic and private parking areas, and 
curb-side locations; and 
(VI) information pertaining to 
how charging stations are financed 
and the rates charged for the use of 
Level 2 charging stations and DC 
FAST charging stations; 
(ii) describe the methodology used to 
obtain the information provided in the re-
port; 
(iii) identify the barriers to expanding 
deployment of electric vehicle charging in-
frastructure in underserved or disadvan-
taged communities in major urban areas 
and rural areas, including any challenges 
relating to such deployment in multi-unit 
dwellings; 
(iv) compile and provide an analysis of 
the best practices and policies used by 
State and local governments and private 
entities to increase deployment of electric 
vehicle charging infrastructure in under-
served or disadvantaged communities in 
major urban areas and rural areas, includ-
ing best practices with respect to—
1847 
(I) public outreach and engage-
ment; and 
(II) increasing deployment of 
electric vehicle charging infrastructure 
in publicly owned and privately owned 
multi-unit dwellings; and 
(v) enumerate and identify the num-
ber of electric vehicle charging stations per 
capita at locations within each major 
urban area and rural area throughout the 
United States with detail at the level of 
ZIP Codes and census tracts. 
(2) FIVE-YEAR
UPDATE
ASSESSMENT.—Not 
later than 5 years after the date of the enactment 
of this Act, the Secretary shall— 
(A) update the assessment conducted 
under paragraph (1)(A); and 
(B) make public and submit to the Com-
mittee on Energy and Commerce of the House 
of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a re-
port, which shall— 
(i) update the information required by 
paragraph (1)(B); and
1848 
(ii) include a description of case stud-
ies and key lessons learned after the date 
on which the report under paragraph 
(1)(B) was submitted with respect to ex-
panding the deployment of electric vehicle 
charging infrastructure in underserved or 
disadvantaged communities in major urban 
areas and rural areas. 
(b) DEFINITIONS.—In this section: 
(1) ELECTRIC
VEHICLE
CHARGING
INFRA-
STRUCTURE.—The term ‘‘electric vehicle charging 
infrastructure’’ means electric vehicle supply equip-
ment and other physical assets that provide for the 
distribution of and access to electricity for the pur-
pose of charging an electric vehicle or a plug-in hy-
brid electric vehicle. 
(2) MAJOR
URBAN
AREA.—The term ‘‘major 
urban area’’ means a metropolitan statistical area 
within the United States with an estimated popu-
lation that is greater than or equal to 1,500,000. 
SEC. 33334. ENSURING PROGRAM BENEFITS FOR UNDER-
SERVED 
AND 
DISADVANTAGED 
COMMU-
NITIES. 
In carrying out this chapter, and the amendments 
made by this chapter, the Secretary shall provide, to the
1849 
extent practicable access to electric vehicle charging infra-
structure, address transportation needs, and provide im-
proved air quality in underserved or disadvantaged com-
munities. 
SEC. 33335. MODEL BUILDING CODE FOR ELECTRIC VEHI-
CLE SUPPLY EQUIPMENT. 
(a) REVIEW.—The Secretary shall review proposed or 
final model building codes for— 
(1) integrating electric vehicle supply equipment 
into residential and commercial buildings that in-
clude space for individual vehicle or fleet vehicle 
parking; and 
(2) integrating onsite renewable power equip-
ment and electric storage equipment (including elec-
tric vehicle batteries to be used for electric storage) 
into residential and commercial buildings. 
(b) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to stakeholders representing 
the building construction industry, manufacturers of elec-
tric vehicles and electric vehicle supply equipment, State 
and local governments, and any other persons with rel-
evant expertise or interests to facilitate understanding of 
the model code and best practices for adoption by jurisdic-
tions.
1850 
SEC. 33336. ELECTRIC VEHICLE SUPPLY EQUIPMENT CO-
ORDINATION. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, acting 
through the Assistant Secretary of the Office of Electricity 
Delivery and Energy Reliability (including the Smart Grid 
Task Force), shall convene a group to assess progress in 
the development of standards necessary to— 
(1) support the expanded deployment of electric 
vehicle supply equipment; 
(2) develop an electric vehicle charging network 
to provide reliable charging for electric vehicles na-
tionwide; and 
(3) ensure the development of such network will 
not compromise the stability and reliability of the 
electric grid. 
(b) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
provide to the Committee on Energy and Commerce of the 
House of Representatives and to the Committee on En-
ergy and Natural Resources of the Senate a report con-
taining the results of the assessment carried out under 
subsection (a) and recommendations to overcome any bar-
riers to standards development or adoption identified by 
the group convened under such subsection.
1851 
SEC. 33337. STATE CONSIDERATION OF ELECTRIC VEHICLE 
CHARGING. 
(a) CONSIDERATION AND DETERMINATION RESPECT-
ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 
of the Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2621(d)) is amended by adding at the end the fol-
lowing: 
‘‘(20) ELECTRIC
VEHICLE
CHARGING
PRO-
GRAMS.— 
‘‘(A) IN GENERAL.—Each State shall con-
sider measures to promote greater electrifica-
tion of the transportation sector, including— 
‘‘(i) authorizing measures to stimulate 
investment in and deployment of electric 
vehicle supply equipment and to foster the 
market for electric vehicle charging; 
‘‘(ii) authorizing each electric utility 
of the State to recover from ratepayers any 
capital, operating expenditure, or other 
costs of the electric utility relating to load 
management, programs, or investments as-
sociated with the integration of electric ve-
hicle supply equipment into the grid; and 
‘‘(iii) allowing a person or agency that 
owns and operates an electric vehicle 
charging facility for the sole purpose of re-
1852 
charging an electric vehicle battery to be 
excluded from regulation as an electric 
utility pursuant to section 3(4) when mak-
ing electricity sales from the use of the 
electric vehicle charging facility, if such 
sales are the only sales of electricity made 
by the person or agency. 
‘‘(B) DEFINITION.—For purposes of this 
paragraph, the term ‘electric vehicle supply 
equipment’ 
means 
conductors, 
including 
ungrounded, grounded, and equipment ground-
ing conductors, electric vehicle connectors, at-
tachment plugs, and all other fittings, devices, 
power outlets, or apparatuses installed specifi-
cally for the purpose of delivering energy to an 
electric vehicle.’’. 
(b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 
(1) TIME LIMITATIONS.—Section 112(b) of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2622(b)) is amended by adding at the end 
the following: 
‘‘(7)(A) Not later than 1 year after the enact-
ment of this paragraph, each State regulatory au-
thority (with respect to each electric utility for which 
it has ratemaking authority) and each nonregulated
1853 
utility shall commence the consideration referred to 
in section 111, or set a hearing date for consider-
ation, with respect to the standards established by 
paragraph (20) of section 111(d). 
‘‘(B) Not later than 2 years after the date of 
the enactment of this paragraph, each State regu-
latory authority (with respect to each electric utility 
for which it has ratemaking authority), and each 
nonregulated electric utility, shall complete the con-
sideration, and shall make the determination, re-
ferred to in section 111 with respect to each stand-
ard established by paragraph (20) of section 
111(d).’’. 
(2) FAILURE TO COMPLY.—Section 112(c) of 
the Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2622(c)) is amended by striking ‘‘(19)’’ 
and inserting ‘‘(20)’’. 
(3) PRIOR STATE ACTIONS.—Section 112 of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2622) is amended by adding at the end the 
following: 
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) of this section shall not apply to the standard estab-
lished by paragraph (20) of section 111(d) in the case of
1854 
any electric utility in a State if, before the enactment of 
this subsection— 
‘‘(1) the State has implemented for such utility 
the standard concerned (or a comparable standard); 
‘‘(2) the State regulatory authority for such 
State or relevant nonregulated electric utility has 
conducted a proceeding to consider implementation 
of the standard concerned (or a comparable stand-
ard) for such utility; 
‘‘(3) the State legislature has voted on the im-
plementation of such standard (or a comparable 
standard) for such utility; or 
‘‘(4) the State has taken action to implement 
incentives or other steps to strongly encourage the 
deployment of electric vehicles.’’. 
SEC. 33338. STATE ENERGY PLANS. 
(a) STATE ENERGY CONSERVATION PLANS.—Section 
362(d) of the Energy Policy and Conservation Act (42 
U.S.C. 6322(d)) is amended— 
(1) in paragraph (16), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) by redesignating paragraph (17) as para-
graph (18); and 
(3) by inserting after paragraph (16) the fol-
lowing:
1855 
‘‘(17) a State energy transportation plan devel-
oped in accordance with section 367; and’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
365(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6325(f)) is amended to read as follows: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) STATE ENERGY CONSERVATION PLANS.— 
For the purpose of carrying out this part, there are 
authorized to be appropriated $100,000,000 for each 
of fiscal years 2021 through 2025. 
‘‘(2) 
STATE
ENERGY
TRANSPORTATION 
PLANS.—In addition to the amounts authorized 
under paragraph (1), for the purpose of carrying out 
section 367, there are authorized to be appropriated 
$25,000,000 for each of fiscal years 2021 through 
2025.’’. 
(c) STATE ENERGY TRANSPORTATION PLANS.—Part 
D of title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6321 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 367. STATE ENERGY TRANSPORTATION PLANS. 
‘‘(a) IN GENERAL.—The Secretary may provide fi-
nancial assistance to a State to develop a State energy 
transportation plan, for inclusion in a State energy con-
servation plan under section 362(d), to promote the elec-
1856 
trification of the transportation system, reduced consump-
tion of fossil fuels, and improved air quality. 
‘‘(b) DEVELOPMENT.—A State developing a State en-
ergy transportation plan under this section shall carry out 
this activity through the State energy office that is respon-
sible for developing the State energy conservation plan 
under section 362. 
‘‘(c) CONTENTS.—A State developing a State energy 
transportation plan under this section shall include in such 
plan a plan to— 
‘‘(1) deploy a network of electric vehicle supply 
equipment to ensure access to electricity for electric 
vehicles; and 
‘‘(2) promote modernization of the electric grid 
to accommodate demand for power to operate elec-
tric vehicle supply equipment and to utilize energy 
storage capacity provided by electric vehicles. 
‘‘(d) COORDINATION.—In developing a State energy 
transportation plan under this section, a State shall co-
ordinate, as appropriate, with— 
‘‘(1) State regulatory authorities (as defined in 
section 3 of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2602)); 
‘‘(2) electric utilities;
1857 
‘‘(3) regional transmission organizations or 
independent system operators; 
‘‘(4) private entities that provide electric vehicle 
charging services; 
‘‘(5) State transportation agencies, metropoli-
tan planning organizations, and local governments; 
‘‘(6) electric vehicle manufacturers; 
‘‘(7) public and private entities that manage ve-
hicle fleets; and 
‘‘(8) public and private entities that manage 
ports, airports, or other transportation hubs. 
‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 
Governor of a State, the Secretary shall provide informa-
tion and technical assistance in the development, imple-
mentation, or revision of a State energy transportation 
plan. 
‘‘(f) ELECTRIC VEHICLE SUPPLY EQUIPMENT DE-
FINED.—For purposes of this section, the term ‘electric 
vehicle supply equipment’ means conductors, including 
ungrounded, grounded, and equipment grounding conduc-
tors, electric vehicle connectors, attachment plugs, and all 
other fittings, devices, power outlets, or apparatuses in-
stalled specifically for the purpose of delivering energy to 
an electric vehicle.’’.
1858 
SEC. 33339. TRANSPORTATION ELECTRIFICATION. 
Section 131 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17011) is amended— 
(1) in subsection (a)(6)— 
(A) in subparagraph (A), by inserting ‘‘, 
including ground support equipment at ports’’ 
before the semicolon; 
(B) in subparagraph (E), by inserting 
‘‘and vehicles’’ before the semicolon; 
(C) in subparagraph (H), by striking 
‘‘and’’ at the end; 
(D) in subparagraph (I)— 
(i) by striking ‘‘battery chargers,’’; 
and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(E) by adding at the end the following: 
‘‘(J) installation of electric vehicle supply 
equipment for recharging plug-in electric drive 
vehicles, including such equipment that is acces-
sible in rural and urban areas and in under-
served or disadvantaged communities; and 
‘‘(K) multi-use charging hubs used for 
multiple forms of transportation.’’; 
(2) in subsection (b)— 
(A) in paragraph (3)(A)—
1859 
(i) in clause (i), by striking ‘‘and’’ at 
the end; and 
(ii) in clause (ii), by inserting ‘‘, com-
ponents for such vehicles, and charging 
equipment for such vehicles’’ after ‘‘vehi-
cles’’; and 
(B) 
in 
paragraph 
(6), 
by 
striking 
‘‘$90,000,000 for each of fiscal years 2008 
through 2012’’ and inserting ‘‘$2,000,000,000 
for each of fiscal years 2021 through 2025’’; 
(3) in subsection (c)— 
(A) in the header, by striking ‘‘NEAR- 
TERM’’ and inserting ‘‘LARGE-SCALE’’; and 
(B) 
in 
paragraph 
(4), 
by 
striking 
‘‘$95,000,000 for each of fiscal years 2008 
through 2013’’ and inserting ‘‘$2,500,000,000 
for each of fiscal years 2021 through 2025’’; 
and 
(4) by redesignating subsection (d) as sub-
section (e) and inserting after subsection (c) the fol-
lowing: 
‘‘(d) PRIORITY.—In providing grants under sub-
sections (b) and (c), the Secretary shall give priority con-
sideration to applications that contain a written assurance 
that all laborers and mechanics employed by contractors
1860 
or subcontractors during construction, alteration, or re-
pair that is financed, in whole or in part, by a grant pro-
vided under this section shall be paid wages at rates not 
less than those prevailing on similar construction in the 
locality, as determined by the Secretary of Labor in ac-
cordance with sections 3141 through 3144, 3146, and 
3147 of title 40, United States Code (and the Secretary 
of Labor shall, with respect to the labor standards de-
scribed in this clause, have the authority and functions 
set forth in Reorganization Plan Numbered 14 of 1950 
(5 U.S.C. App.) and section 3145 of title 40, United 
States Code).’’. 
SEC. 33340. FEDERAL FLEETS. 
(a) MINIMUM FEDERAL FLEET REQUIREMENT.— 
Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 
13212) is amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(3) The Secretary, in consultation with the 
Administrator of General Services, shall ensure that 
in acquiring medium- and heavy-duty vehicles for a 
Federal fleet, a Federal entity shall acquire zero 
emission vehicles to the maximum extent feasible.’’; 
(2) by striking subsection (b) and inserting the 
following:
1861 
‘‘(b) PERCENTAGE REQUIREMENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) LIGHT-DUTY
VEHICLES.—Beginning 
in fiscal year 2025, 100 percent of the total 
number of light-duty vehicles acquired by a 
Federal entity for a Federal fleet shall be alter-
native fueled vehicles, of which— 
‘‘(i) at least 50 percent shall be zero 
emission vehicles or plug-in hybrids in fis-
cal years 2025 through 2034; 
‘‘(ii) at least 75 percent shall be zero 
emission vehicles or plug-in hybrids in fis-
cal years 2035 through 2049; and 
‘‘(iii) 100 percent shall be zero emis-
sion vehicles in fiscal year 2050 and there-
after. 
‘‘(B) MEDIUM- AND
HEAVY-DUTY
VEHI-
CLES.—The following percentages of the total 
number of medium- and heavy-duty vehicles ac-
quired by a Federal entity for a Federal fleet 
shall be alternative fueled vehicles: 
‘‘(i) At least 20 percent in fiscal years 
2025 through 2029. 
‘‘(ii) At least 30 percent in fiscal 
years 2030 through 2039.
1862 
‘‘(iii) At least 40 percent in fiscal 
years 2040 through 2049. 
‘‘(iv) At least 50 percent in fiscal year 
2050 and thereafter. 
‘‘(2) EXCEPTION.—The Secretary, in consulta-
tion with the Administrator of General Services 
where appropriate, may permit a Federal entity to 
acquire for a Federal fleet a smaller percentage than 
is required in paragraph (1) for a fiscal year, so long 
as the aggregate percentage acquired for each class 
of vehicle for all Federal fleets in the fiscal year is 
at least equal to the required percentage. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) FEDERAL FLEET.—The term ‘Fed-
eral fleet’ means a fleet of vehicles that are cen-
trally fueled or capable of being centrally fueled 
and are owned, operated, leased, or otherwise 
controlled by or assigned to any Federal execu-
tive department, military department, Govern-
ment corporation, independent establishment, 
or executive agency, the United States Postal 
Service, the Congress, the courts of the United 
States, or the Executive Office of the President. 
Such term does not include—
1863 
‘‘(i) motor vehicles held for lease or 
rental to the general public; 
‘‘(ii) motor vehicles used for motor ve-
hicle manufacturer product evaluations or 
tests; 
‘‘(iii) law enforcement vehicles; 
‘‘(iv) emergency vehicles; or 
‘‘(v) motor vehicles acquired and used 
for military purposes that the Secretary of 
Defense has certified to the Secretary must 
be exempt for national security reasons. 
‘‘(B) FLEET.—The term ‘fleet’ means— 
‘‘(i) 20 or more light-duty vehicles, lo-
cated in a metropolitan statistical area or 
consolidated metropolitan statistical area, 
as established by the Bureau of the Cen-
sus, with a 1980 population of more than 
250,000; or 
‘‘(ii) 10 or more medium- or heavy- 
duty vehicles, located at a Federal facility 
or located in a metropolitan statistical area 
or consolidated metropolitan statistical 
area, as established by the Bureau of the 
Census, with a 1980 population of more 
than 250,000.’’; and
1864 
(3) in subsection (f)(2)(B)— 
(A) by striking ‘‘, either’’; and 
(B) in clause (i), by striking ‘‘or’’ and in-
serting ‘‘and’’. 
(b) FEDERAL
FLEET
CONSERVATION
REQUIRE-
MENTS.—Section 400FF(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6374e) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘18 months after the date 
of enactment of this section’’ and inserting ‘‘12 
months after the date of enactment of the Mov-
ing Forward Act’’; 
(B) by striking ‘‘2010’’ and inserting 
‘‘2022’’; and 
(C) by striking ‘‘and increase alternative 
fuel consumption’’ and inserting ‘‘, increase al-
ternative fuel consumption, and reduce vehicle 
greenhouse gas emissions’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) GOALS.—The goals of the requirements 
under paragraph (1) are that each Federal agency 
shall—
1865 
‘‘(A) reduce fleet-wide per-mile greenhouse 
gas emissions from agency fleet vehicles, rel-
ative to a baseline of emissions in 2015, by— 
‘‘(i) not less than 30 percent by the 
end of fiscal year 2025; 
‘‘(ii) not less than 50 percent by the 
end of fiscal year 2030; and 
‘‘(iii) 100 percent by the end of fiscal 
year 2050; and 
‘‘(B) increase the annual percentage of al-
ternative fuel consumption by agency fleet vehi-
cles as a proportion of total annual fuel con-
sumption by Federal fleet vehicles, to achieve— 
‘‘(i) 25 percent of total annual fuel 
consumption that is alternative fuel by the 
end of fiscal year 2025; 
‘‘(ii) 50 percent of total annual fuel 
consumption that is alternative fuel by the 
end of fiscal year 2035; and 
‘‘(iii) at least 85 percent of total an-
nual fuel consumption that is alternative 
fuel by the end of fiscal year 2050.’’.
1866 
SEC. 33341. DOMESTIC MANUFACTURING CONVERSION 
GRANT PROGRAM. 
(a) HYBRID VEHICLES, ADVANCED VEHICLES, AND 
FUEL CELL BUSES.—Subtitle B of title VII of the Energy 
Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend-
ed— 
(1) in the subtitle header, by inserting ‘‘Plug- 
In Electric Vehicles,’’ before ‘‘Hybrid Vehi-
cles’’; and 
(2) in part 1, in the part header, by striking 
‘‘HYBRID’’ and inserting ‘‘PLUG-IN ELECTRIC’’. 
(b) PLUG-IN ELECTRIC VEHICLES.—Section 711 of 
the Energy Policy Act of 2005 (42 U.S.C. 16061) is 
amended to read as follows: 
‘‘SEC. 711. PLUG-IN ELECTRIC VEHICLES. 
‘‘The Secretary shall accelerate efforts, related to do-
mestic manufacturing, that are directed toward the im-
provement of batteries, power electronics, and other tech-
nologies for use in plug-in electric vehicles.’’. 
(c) EFFICIENT HYBRID AND ADVANCED DIESEL VE-
HICLES.—Section 712 of the Energy Policy Act of 2005 
(42 U.S.C. 16062) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, plug- 
in electric,’’ after ‘‘efficient hybrid’’; and
1867 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) PRIORITY.—Priority shall be given to— 
‘‘(A) the refurbishment or retooling of 
manufacturing facilities that have recently 
ceased operation or would otherwise cease oper-
ation in the near future; and 
‘‘(B) applications containing a written as-
surance that— 
‘‘(i) all laborers and mechanics em-
ployed by contractors or subcontractors 
during construction, alteration, retooling, 
or repair that is financed, in whole or in 
part, by a grant under this subsection shall 
be paid wages at rates not less than those 
prevailing on similar construction in the lo-
cality, as determined by the Secretary of 
Labor in accordance with sections 3141 
through 3144, 3146, and 3147 of title 40, 
United States Code; 
‘‘(ii) all laborers and mechanics em-
ployed by the owner or operator of a man-
ufacturing facility that is financed, in 
whole or in part, by a grant under this 
subsection shall be paid wages at rates not
1868 
less than those prevailing on similar con-
struction in the locality, as determined by 
the Secretary of Labor in accordance with 
sections 3141 through 3144, 3146, and 
3147 of title 40, United States Code; and 
‘‘(iii) the Secretary of Labor shall, 
with respect to the labor standards de-
scribed in this paragraph, have the author-
ity and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (5 U.S.C. 
App.) and section 3145 of title 40, United 
States Code.’’; and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) COST SHARE
AND GUARANTEE
OF OPER-
ATION.— 
‘‘(1) CONDITION.—A recipient of a grant under 
this section shall pay the Secretary the full amount 
of the grant if the facility financed in whole or in 
part under this subsection fails to manufacture 
goods for a period of at least 10 years after the com-
pletion of construction. 
‘‘(2) COST SHARE.—Section 988(c) shall apply 
to a grant made under this subsection.
1869 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary to carry 
out this section $2.5 billion for each of fiscal years 2021 
through 2025. 
‘‘(e) PERIOD
OF AVAILABILITY.—An award made 
under this section after the date of enactment of this sub-
section shall only be available with respect to facilities and 
equipment placed in service before December 30, 2035.’’. 
SEC. 33342. ADVANCED TECHNOLOGY VEHICLES MANUFAC-
TURING INCENTIVE PROGRAM. 
Section 136 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17013) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by redesignating subparagraphs 
(A) through (C) as clauses (i) through 
(iii), respectively, and indenting appro-
priately; 
(ii) by striking ‘‘(1) ADVANCED TECH-
NOLOGY VEHICLE.—’’ and all that follows 
through ‘‘meets—’’ and inserting the fol-
lowing: 
‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The 
term ‘advanced technology vehicle’ means— 
‘‘(A) an ultra efficient vehicle;
1870 
‘‘(B) a light duty vehicle or medium duty 
passenger vehicle that meets—’’; 
(iii) 
by 
amending 
subparagraph 
(B)(iii) (as so redesignated) to read as fol-
lows: 
‘‘(iii)(I) for vehicles produced in model 
years 2021 through 2025, the applicable 
regulatory standards for emissions of 
greenhouse gases for model year 2021 
through 2025 vehicles promulgated by the 
Administrator of the Environmental Pro-
tection Agency on October 15, 2012 (77 
Fed. Reg. 62624); or 
‘‘(II) emits zero emissions of green-
house gases; or’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(C) a heavy-duty vehicle (excluding a me-
dium-duty passenger vehicle), as defined in sec-
tion 86.1803–01 of title 40, Code of Federal 
Regulations (or successor regulations), that— 
‘‘(i) complies early with and dem-
onstrates achievement below the applicable 
regulatory standards for emissions of 
greenhouse gases for model year 2027 ve-
1871 
hicles promulgated by the Administrator 
on October 25, 2016 (81 Fed. Reg. 
73478); or 
‘‘(ii) emits zero emissions of green-
house gases.’’; 
(B) by striking paragraph (2) and redesig-
nating paragraphs (3) through (5) as para-
graphs (2) through (4), respectively; 
(C) by amending paragraph (3) (as so re-
designated) to read as follows: 
‘‘(4) QUALIFYING
COMPONENTS.—The term 
‘qualifying components’ means materials, technology, 
components, systems, or groups of subsystems in an 
advanced technology vehicle, including ultra efficient 
components, which include— 
‘‘(A) EV battery cells, fuel cells, batteries, 
battery technologies, and thermal control sys-
tems; 
‘‘(B) automotive semiconductors and com-
puters; 
‘‘(C) electric motors, axles, and compo-
nents; and 
‘‘(D) advanced lightweight, high strength, 
and high performance materials.’’; and
1872 
(D) in paragraph (4) (as so redesig-
nated)— 
(i) in subparagraph (B), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; or’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) at least 75 miles per gallon equiva-
lent while operating as a hydrogen fuel cell elec-
tric vehicle.’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ADVANCED VEHICLES MANUFACTURING FACIL-
ITY.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
facility funding awards under this section to ad-
vanced technology vehicle manufacturers and compo-
nent suppliers to pay not more than 50 percent of 
the cost of— 
‘‘(A) reequipping, expanding, or estab-
lishing a manufacturing facility in the United 
States to produce— 
‘‘(i) advanced technology vehicles; or
1873 
‘‘(ii) qualifying components; and 
‘‘(B) engineering integration performed in 
the United States of advanced technology vehi-
cles and qualifying components. 
‘‘(2) ULTRA
EFFICIENT
COMPONENTS
COST 
SHARE.—The facility funding awards authorized in 
paragraph (1) may pay not more than 80 percent of 
the cost if the proposed project is to reequip, ex-
pand, or establish a manufacturing facility in the 
United States to produce ultra efficient compo-
nents.’’; 
(3) in subsection (c), by striking ‘‘2020’’ and 
inserting ‘‘2030’’ each place it appears; 
(4) in subsection (d)— 
(A) by amending paragraph (2) to read as 
follows: 
‘‘(2) APPLICATION.—An applicant for a loan 
under this subsection shall submit to the Secretary 
an application at such time, in such manner, and 
containing such information as the Secretary may 
require, including— 
‘‘(A) a written assurance that— 
‘‘(i) all laborers and mechanics em-
ployed by contractors or subcontractors 
during construction, alteration, or repair,
1874 
or at any manufacturing operation, that is 
financed, in whole or in part, by a loan 
under this section shall be paid wages at 
rates not less than those prevailing in a 
similar firm or on similar construction in 
the locality, as determined by the Sec-
retary of Labor in accordance with sections 
3141–3144, 3146, and 3147 of title 40; 
‘‘(ii) the Secretary of Labor shall, 
with respect to the labor standards de-
scribed in this paragraph, have the author-
ity and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (5 U.S.C. 
App.) and section 3145 of title 40; and 
‘‘(iii) the applicant will remain neutral 
in any union organizing effort; 
‘‘(B) a disclosure of whether there has 
been any administrative merits determination, 
arbitral award or decision, or civil judgment, as 
defined in guidance issued by the Secretary of 
Labor, rendered against the applicant in the 
preceding 3 years for violations of applicable 
labor, employment, civil rights, or health and 
safety laws; and
1875 
‘‘(C) specific information regarding the ac-
tions the applicant will take to demonstrate 
compliance with, and where possible exceedance 
of, requirements under applicable labor, employ-
ment, civil rights, and health and safety laws, 
and actions the applicant will take to ensure 
that its direct suppliers demonstrate compliance 
with applicable labor, employment, civil rights, 
and health and safety laws.’’; 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) SELECTION OF ELIGIBLE PROJECTS.—The 
Secretary shall select eligible projects to receive 
loans under this subsection in cases in which the 
Secretary determines— 
‘‘(A) the award recipient— 
‘‘(i) has a reasonable prospect of re-
paying the principal and interest on the 
loan; 
‘‘(ii) will provide sufficient informa-
tion to the Secretary for the Secretary to 
ensure that the qualified investment is ex-
pended efficiently and effectively; and
1876 
‘‘(iii) has met such other criteria as 
may be established and published by the 
Secretary; and 
‘‘(B) the amount of the loan (when com-
bined with amounts available to the borrower 
from other sources) will be sufficient to carry 
out the project.’’; and 
(C) in paragraph (4)— 
(i) in subparagraph (B)(i), by striking 
‘‘; and’’ and inserting ‘‘; or’’; 
(ii) in subparagraph (C), by striking 
‘‘; and’’ and inserting a semicolon; 
(iii) in subparagraph (D), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(E) shall be subject to the condition that 
the loan is not subordinate to other financing.’’; 
(5) in subsection (f)— 
(A) by striking ‘‘point’’ and inserting 
‘‘points’’; and 
(B) by inserting ‘‘and may not be collected 
prior to financial closing’’ after ‘‘loan’’;
1877 
(6) by amending subsection (g) to read as fol-
lows: 
‘‘(g) PRIORITY.—The Secretary shall, in making 
awards or loans to those manufacturers that have existing 
facilities, give priority to those facilities, which can cur-
rently be sitting idle, that are or would be— 
‘‘(1) oldest or have been in existence for at least 
20 years; 
‘‘(2) utilized primarily for the manufacture of 
ultra efficient vehicles; 
‘‘(3) utilized primarily for the manufacture of 
medium-duty passenger vehicles or heavy-duty vehi-
cles that emit zero greenhouse gas emissions; or 
‘‘(4) utilized primarily for the manufacture of 
ultra efficient components.’’; 
(7) in subsection (h)— 
(A) in the header, by striking ‘‘AUTO-
MOBILE’’ and inserting ‘‘ADVANCED
TECH-
NOLOGY VEHICLE’’; and 
(B) in paragraph (1)(B), by striking 
‘‘automobiles, or components of automobiles’’ 
and inserting ‘‘advanced technology vehicles, or 
components of advanced technology vehicles’’; 
and
1878 
(8) in subsection (i), by striking ‘‘2008 through 
2012’’ and inserting ‘‘2021 through 2025’’. 
Subtitle D—Buy American and 
Wage Rate Requirements 
SEC. 33401. USE OF AMERICAN IRON, STEEL, AND MANU-
FACTURED GOODS. 
(a) None of the funds made available pursuant to this 
title, or provisions of law added or amended by this title, 
may be used for a project for the construction, alteration, 
maintenance, or repair of a public building or public work 
unless all of the iron, steel, and manufactured goods used 
in the project are produced in the United States. 
(b) Subsection (a) shall not apply in any case or cat-
egory of cases in which the head of the Federal depart-
ment or agency involved finds that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron, steel, and the relevant manufactured 
goods are not produced in the United States in suffi-
cient and reasonably available quantities and of a 
satisfactory quality; or 
(3) inclusion of iron, steel, and manufactured 
goods produced in the United States will increase 
the cost of the overall project by more than 25 per-
cent.
1879 
(c) If the head of a Federal department or agency 
determines that it is necessary to waive the application 
of subsection (a) based on a finding under subsection (b), 
the head of the department or agency shall publish in the 
Federal Register a detailed written justification as to why 
the provision is being waived. 
(d) This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
SEC. 33402. WAGE RATE REQUIREMENTS. 
Notwithstanding any other provision of law and in 
a manner consistent with other provisions in this title, all 
laborers and mechanics employed by contractors and sub-
contractors on projects funded directly by or assisted in 
whole or in part by and through the Federal Government 
pursuant to this title, or provisions of law added or amend-
ed by this title, shall be paid wages at rates not less than 
those prevailing on projects of a character similar in the 
locality as determined by the Secretary of Labor in accord-
ance with subchapter IV of chapter 31 of title 40, United 
States Code. With respect to the labor standards specified 
in this section, the Secretary of Labor shall have the au-
thority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
section 3145 of title 40, United States Code.
1880 
Subtitle E—Ohio River Basin 
SEC. 33501. INTERAGENCY PLAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of the Army, 
acting through the Chief of Engineers, in coordination 
with the head of each agency described in subsection (d), 
shall develop and issue an interagency plan for the agen-
cies described in subsection (d) to assist States, Indian 
tribes, and communities in the Ohio River Basin in pre-
paring for, and responding to, the effects of climate 
change, including by— 
(1) informing such States, Indian tribes, and 
communities of existing Federal resources available 
to such States, Indian tribes, and communities, 
based on the analysis described in subsection (b)(2); 
and 
(2) providing assistance through the Environ-
mental Protection Agency’s Smart Growth Program, 
the Federal Emergency Management Agency’s Pre- 
Disaster Mitigation Grant Program, the Department 
of Housing and Urban Development’s Community 
Development Block Grant program, the Economic 
Development Administration of the Department of 
Commerce, and the Department of Agriculture, to 
such States, Indian tribes, and communities to help
1881 
them prepare for extreme weather, major floods, ris-
ing temperatures, and potential economic losses 
from such threats. 
(b) DEVELOPMENT.—In developing the interagency 
plan under subsection (a), Secretary of the Army, acting 
through the Chief of Engineers, in coordination with the 
head of each agency described in subsection (d), shall— 
(1) consult with States, Indian tribes, and com-
munities in the Ohio River Basin that may be af-
fected by climate change; and 
(2) include in such interagency plan— 
(A) identification of the particular needs of 
such States, Indian tribes, and communities in 
order for such States, Indian tribes, and com-
munities to adequately prepare for, and respond 
to, the effects of climate change; and 
(B) an analysis of— 
(i) the availability of existing and po-
tential Federal resources, including pro-
grams, grants, loans, and other assistance, 
that the agencies described in subsection 
(d) may provide to assist States, Indian 
tribes, and communities in the Ohio River 
Basin in preparing for, and responding to, 
the effects of climate change (including as-
1882 
sistance in building or modernizing infra-
structure), including— 
(I) Corps of Engineers resources 
related to— 
(aa) modernizing and hard-
ening levees, floodwalls, and flood 
control projects for more extreme 
weather flooding events; 
(bb) restoring wetlands so 
that such wetlands may absorb 
rain; 
(cc) reconnecting floodplains 
to rivers in order to allow for 
natural flood storage; 
(dd) developing a basin-wide 
water management plan, in col-
laboration with the Department 
of Agriculture, Tennessee Valley 
Authority, and water manage-
ment agencies of the States in 
the Ohio River Basin; and 
(ee) updating and modern-
izing 
operations 
manuals 
for 
dams and reservoirs operated by 
the Corps of Engineers to ac-
1883 
count for future water risks, pre-
cipitation, flow patterns, and 
usage; 
(II) 
Environmental 
Protection 
Agency resources and Department of 
Agriculture resources related to mod-
ernizing drinking water and waste-
water treatment and stormwater man-
agement; 
(III) Department of Transpor-
tation resources related to raising or 
hardening critical transportation in-
frastructure that may be vulnerable to 
flooding; 
(IV) United States Geological 
Survey resources and Environmental 
Protection Agency resources related to 
water quality and flow discharge mon-
itoring and modeling; and 
(V) Federal Emergency Manage-
ment Agency resources related to up-
dating and modernizing flood hazard 
maps to incorporate the latest science 
and future risk projections; and
1884 
(ii) the limitations of existing Federal 
resources that the agencies described in 
subsection (d) may so provide, including— 
(I) the limitations of such re-
sources in meeting the particular 
needs of such States, Indian tribes, 
and communities identified under sub-
paragraph (A); and 
(II) recommendations— 
(aa) for Congress regarding 
any statutory changes regarding 
existing Federal programs, or ad-
ditional Federal funding, that the 
agencies determine are necessary 
to assist such States, Indian 
tribes, and communities in pre-
paring for, and responding to, 
the effects of climate change; and 
(bb) for additional Federal, 
State, and local resources that 
the agencies determine are nec-
essary to so assist such States, 
Indian tribes, and communities. 
(c) PUBLICATION AND IMPLEMENTATION.—
1885 
(1) PUBLICATION.—Upon issuance of the inter-
agency plan developed under subsection (a), the plan 
shall be published on the public internet website 
of— 
(A) the Environmental Protection Agency; 
(B) the Assistant Secretary of the Army 
for Civil Works; and 
(C) the Great Lakes and Ohio River Divi-
sion of the Corps of Engineers. 
(2) DEADLINE.—Not later than 30 days after 
the interagency plan developed under subsection (a) 
is issued, each head of an agency described in sub-
section (d) shall implement such interagency plan. 
(3) TECHNICAL ASSISTANCE.—In implementing 
the interagency plan developed under subsection (a), 
the heads of the agencies described in subsection (d) 
shall provide technical assistance and expertise to 
States, Indian tribes, and communities in the Ohio 
River Basin. 
(d) AGENCIES DESCRIBED.—The agencies described 
in this subsection are as follows: 
(1) The Corps of Engineers. 
(2) The Environmental Protection Agency. 
(3) The National Oceanic and Atmospheric Ad-
ministration.
1886 
(4) The Department of the Interior. 
(5) The Department of Agriculture. 
(6) The Department of Transportation. 
(7) The Federal Emergency Management Agen-
cy. 
(8) The United States Geological Survey. 
(9) The Department of Housing and Urban De-
velopment. 
(10) The Department of Commerce. 
SEC. 33502. REPORT ON IMPACTS OF CLIMATE CHANGE ON 
ELECTRIC UTILITIES. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary of Energy shall publish, on the 
public internet website of the Department of Energy, a 
report that includes— 
(1) an analysis of— 
(A) the potential vulnerabilities of electric 
utilities that are located in, or serve electric 
consumers in, the Ohio River Basin, to climate 
change and extreme weather; and 
(B) the impacts of climate change and ex-
treme weather on such electric utilities; and 
(2) recommendations and technical assistance, 
as appropriate, to assist such electric utilities in pre-
paring for climate change and extreme weather.
1887 
SEC. 33503. DEFINITION. 
In this subtitle, the term ‘‘Ohio River Basin’’ means 
the Ohio River Basin as identified in the Corps of Engi-
neers’ study titled ‘‘Ohio River Basin-Formulating Cli-
mate Change Mitigation/Adaptation Strategies through 
Regional Collaboration with the ORB Alliance’’ (May 
2017). 
Subtitle F—Open Back Better 
SEC. 33601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Open Back Better 
Act of 2020’’. 
SEC. 33602. FACILITIES ENERGY RESILIENCY. 
(a) DEFINITIONS.—In this section: 
(1) COVERED
PROJECT.—The term ‘‘covered 
project’’ means a building project at an eligible facil-
ity that— 
(A) increases— 
(i) resiliency, including— 
(I) public health and safety; 
(II) power outages; 
(III) natural disasters; 
(IV) indoor air quality; and 
(V) 
any 
modifications 
neces-
sitated by the COVID–19 pandemic; 
(ii) energy efficiency; 
(iii) renewable energy; and
1888 
(iv) grid integration; and 
(B) may have combined heat and power 
and energy storage as project components. 
(2) 
EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘‘early childhood education pro-
gram’’ has the meaning given the term in section 
103 of the Higher Education Act of 1965 (20 
U.S.C. 1003). 
(3) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given the term in sec-
tion 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(4) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
cility’’ means a public facility, as determined by the 
Secretary, including— 
(A) a public school, including an elemen-
tary school and a secondary school; 
(B) a facility used to operate an early 
childhood education program; 
(C) a local educational agency; 
(D) a medical facility; 
(E) a local or State government building; 
(F) a community facility; 
(G) a public safety facility; 
(H) a day care center;
1889 
(I) an institution of higher education; 
(J) a public library; and 
(K) a wastewater treatment facility. 
(5) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing, higher or more adverse 
human health or environmental effects. 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(7) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(8) LOW
INCOME.—The term ‘‘low income’’, 
with respect to a household, means an annual house-
hold income equal to, or less than, the greater of— 
(A) 80 percent of the median income of the 
area in which the household is located, as re-
ported by the Department of Housing and 
Urban Development; and
1890 
(B) 200 percent of the Federal poverty 
line. 
(9) LOW INCOME COMMUNITY.—The term ‘‘low 
income community’’ means a census block group in 
which not less than 30 percent of households are low 
income. 
(10) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(12) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Energy Policy 
and Conservation Act (42 U.S.C. 6202). 
(13) STATE
ENERGY
PROGRAM.—The term 
‘‘State Energy Program’’ means the State Energy 
Program established under part D of title III of the 
Energy Policy and Conservation Act (42 U.S.C. 
6321 et seq.). 
(14) TRIBAL ORGANIZATION.— 
(A) IN GENERAL.—The term ‘‘tribal orga-
nization’’ has the meaning given the term in 
section 3765 of title 38, United States Code.
1891 
(B) 
TECHNICAL
AMENDMENT.—Section 
3765(4) of title 38, United States Code, is 
amended by striking ‘‘section 4(l) of the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(l))’’ and inserting ‘‘section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)’’. 
(b) STATE PROGRAMS.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
retary shall distribute grants to States under the 
State Energy Program, in accordance with the allo-
cation formula established under that Program, to 
implement covered projects. 
(2) USE OF FUNDS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), grant funds under paragraph (1) 
may be used for technical assistance, project fa-
cilitation, and administration. 
(B) TECHNICAL
ASSISTANCE.—A State 
may use not more than 10 percent of grant 
funds received under paragraph (1) to provide 
technical assistance for the development, facili-
tation, management, oversight, and measure-
1892 
ment of results of covered projects implemented 
using those funds. 
(C) ENVIRONMENTAL JUSTICE AND OTHER 
COMMUNITIES.—To support communities ad-
versely impacted by the COVID–19 pandemic, a 
State shall use not less than 40 percent of 
grant funds received under paragraph (1) to 
implement covered projects in environmental 
justice communities or low income communities. 
(D) PRIVATE FINANCING.—A State receiv-
ing a grant under paragraph (1) shall— 
(i) to the extent practicable, leverage 
private financing for cost-effective energy 
efficiency, renewable energy, resiliency, and 
other smart-building improvements, such 
as by entering into an energy service per-
formance contract; but 
(ii) maintain the use of grant funds to 
carry out covered projects with more 
project resiliency, public health, and cap-
ital-intensive efficiency and emission reduc-
tion components than are typically avail-
able through private energy service per-
formance contracts.
1893 
(E) GUIDANCE.—In carrying out a covered 
project using grant funds received under para-
graph (1), a State shall, to the extent prac-
ticable, adhere to guidance developed by the 
Secretary pursuant to the American Recovery 
and Reinvestment Act of 2009 (Public Law 
111–5; 123 Stat. 115) relating to distribution 
of funds, if that guidance will speed the dis-
tribution of funds under this subsection. 
(3) NO
MATCHING
REQUIREMENT.—Notwith-
standing any other provision of law, a State receiv-
ing a grant under paragraph (1) shall not be re-
quired to provide any amount of matching funding. 
(4) REPORT.—Not later than 1 year after the 
date on which grants are distributed under para-
graph (1), and each year thereafter until the funds 
appropriated pursuant to paragraph (5) are no 
longer available, the Secretary shall submit a report 
on the use of those funds (including in the commu-
nities described in paragraph (2)(C)) to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of
1894 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; and 
(D) the Committee on Energy and Com-
merce of the House of Representatives. 
(5) FUNDING.—In addition to any amounts 
made available to the Secretary to carry out the 
State Energy Program, there is authorized to be ap-
propriated to the Secretary $18,000,000,000 to 
carry out this subsection, to remain available until 
September 30, 2025. 
(6) SUPPLEMENT, 
NOT
SUPPLANT.—Funds 
made available under paragraph (5) shall supple-
ment, not supplant, any other funds made available 
to States for the State Energy Program or the 
weatherization assistance program established under 
part A of title IV of the Energy Conservation and 
Production Act (42 U.S.C. 6861 et seq.). 
(c) FEDERAL ENERGY MANAGEMENT PROGRAM.— 
(1) IN GENERAL.—Beginning 60 days after the 
date of enactment of this Act, the Secretary shall 
use funds appropriated pursuant to paragraph (4) to 
provide grants under the AFFECT program under 
the Federal Energy Management Program of the
1895 
Department of Energy to implement covered 
projects. 
(2) PRIVATE
FINANCING.—A recipient of a 
grant under paragraph (1) shall— 
(A) to the extent practicable, leverage pri-
vate financing for cost-effective energy effi-
ciency, renewable energy, resiliency, and other 
smart-building improvements, such as by enter-
ing into an energy service performance contract; 
but 
(B) maintain the use of grant funds to 
carry out covered projects with more project re-
siliency, public health, and capital-intensive effi-
ciency and emission reduction components than 
are typically available through private energy 
service performance contracts. 
(3) REPORT.—Not later than 1 year after the 
date on which grants are distributed under para-
graph (1), and each year thereafter until funds ap-
propriated pursuant to paragraph (4) are no longer 
available, the Secretary shall submit a report on the 
use of those funds to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate;
1896 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; and 
(D) the Committee on Energy and Com-
merce of the House of Representatives. 
(4) FUNDING.—In addition to any amounts 
made available to the Secretary to carry out the AF-
FECT program described in paragraph (1), there is 
authorized to be appropriated to the Secretary 
$500,000,000 to carry out this subsection, to remain 
available until September 30, 2025. 
(d) TRIBAL ORGANIZATIONS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary, act-
ing through the head of the Office of Indian Energy, 
shall distribute funds made available under para-
graph (3) to tribal organizations to implement cov-
ered projects. 
(2) REPORT.—Not later than 1 year after the 
date on which funds are distributed under para-
graph (1), and each year thereafter until the funds 
made available under paragraph (3) are no longer
1897 
available, the Secretary shall submit a report on the 
use of those funds to— 
(A) the Subcommittee on Energy and 
Water Development of the Committee on Ap-
propriations of the Senate; 
(B) the Subcommittee on Energy and 
Water Development and Related Agencies of 
the Committee on Appropriations of the House 
of Representatives; 
(C) the Committee on Energy and Natural 
Resources of the Senate; and 
(D) the Committee on Energy and Com-
merce of the House of Representatives. 
(3) FUNDING.—There is authorized to be ap-
propriated to the Secretary $1,500,000,000 to carry 
out this subsection, to remain available until Sep-
tember 30, 2025. 
(e) USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds made available by or 
pursuant to this section may be used for a covered 
project unless all of the iron, steel, and manufac-
tured goods used in the project are produced in the 
United States.
1898 
(2) 
EXCEPTIONS.—The 
requirement 
under 
paragraph (1) shall be waived by the head of the rel-
evant Federal department or agency in any case or 
category of cases in which the head of the relevant 
Federal department or agency determines that— 
(A) adhering to that requirement would be 
inconsistent with the public interest; 
(B) the iron, steel, and manufactured 
goods needed for the project are not produced 
in the United States— 
(i) in sufficient and reasonably avail-
able quantities; and 
(ii) in a satisfactory quality; or 
(C) the inclusion of iron, steel, and rel-
evant manufactured goods produced in the 
United States would increase the overall cost of 
the project by more than 25 percent. 
(3) WAIVER PUBLICATION.—If the head of a 
Federal department or agency makes a determina-
tion under paragraph (2) to waive the requirement 
under paragraph (1), the head of the Federal de-
partment or agency shall publish in the Federal 
Register a detailed justification for the waiver. 
(4) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with
1899 
the obligations of the United States under all appli-
cable international agreements. 
(f) WAGE RATE REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, all laborers and mechanics em-
ployed by contractors and subcontractors on projects 
funded directly or assisted in whole or in part by the 
Federal Government pursuant to this section shall 
be paid wages at rates not less than those prevailing 
on projects of a similar character in the locality, as 
determined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, United 
States Code (commonly known as the ‘‘Davis-Bacon 
Act’’). 
(2) AUTHORITY.—With respect to the labor 
standards specified in paragraph (1), the Secretary 
of Labor shall have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code. 
SEC. 33603. PERSONNEL. 
(a) IN GENERAL.—To carry out section 33602, the 
Secretary shall hire within the Department of Energy— 
(1) not less than 300 full-time employees in the 
Office of Energy Efficiency and Renewable Energy;
1900 
(2) not less than 100 full-time employees, to be 
distributed among— 
(A) the Office of General Counsel; 
(B) the Office of Procurement Policy; 
(C) the Golden Field Office; 
(D) the National Energy Technology Lab-
oratory; and 
(E) the Office of the Inspector General; 
and 
(3) not less than 20 full-time employees in the 
Office of Indian Energy. 
(b) TIMELINE.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall— 
(1) hire all personnel under subsection (a); or 
(2) certify that the Secretary is unable to hire 
all personnel by the date required under this sub-
section. 
(c) CONTRACT HIRES.— 
(1) IN GENERAL.—If the Secretary makes a 
certification under subsection (b)(2), the Secretary 
may hire on a contract basis not more than 50 per-
cent of the personnel required to be hired under sub-
section (a).
1901 
(2) DURATION.—An individual hired on a con-
tract basis under paragraph (1) shall have an em-
ployment term of not more than 1 year. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section $84,000,000 for each of fiscal years 2021 
through 2031. 
(e) REPORT.—Not later than 60 days after the date 
of enactment of this Act, and annually thereafter for 2 
years, the Secretary shall submit a report on progress 
made in carrying out subsection (a) to— 
(1) the Subcommittee on Energy and Water 
Development of the Committee on Appropriations of 
the Senate; 
(2) the Subcommittee on Energy and Water 
Development and Related Agencies of the Committee 
on Appropriations of the House of Representatives; 
(3) the Committee on Energy and Natural Re-
sources of the Senate; and 
(4) the Committee on Energy and Commerce of 
the House of Representatives.
1902 
Subtitle G—Other Matters 
SEC. 
33701. 
WATER 
REUSE 
INTERAGENCY 
WORKING 
GROUP. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency (referred to in this sec-
tion as the ‘‘Administrator’’), shall establish a Water 
Reuse Interagency Working Group (referred to in this sec-
tion as the ‘‘Working Group’’). 
(b) PURPOSE.—The purpose of the Working Group 
is to develop and coordinate actions, tools, and resources 
to advance water reuse across the United States, including 
through the implementation of a National Water Reuse 
Action Plan that creates opportunities for water reuse in 
the mission areas of each of the Federal agencies included 
in the Working Group under subsection (c) (referred to 
in this section as the ‘‘Action Plan’’). 
(c) CHAIRPERSON; MEMBERSHIP.—The Working 
Group shall be— 
(1) chaired by the Administrator; and 
(2) comprised of senior representatives from 
such Federal agencies as the Administrator deter-
mines to be appropriate. 
(d) DUTIES OF THE WORKING GROUP.—In carrying 
out this section, the Working Group shall—
1903 
(1) with respect to water reuse, leverage the ex-
pertise of industry, the research community, non-
governmental organizations, and government; 
(2) seek to foster water reuse as an important 
component of integrated water resources manage-
ment; 
(3) conduct an assessment of new opportunities 
to advance water reuse and annually update the Ac-
tion Plan with new actions, as necessary, to pursue 
those opportunities; 
(4) seek to coordinate Federal programs and 
policies to support the adoption of water reuse; 
(5) consider how each Federal agency can ex-
plore and identify opportunities to support water 
reuse through the programs and activities of that 
Federal agency; and 
(6) consult, on a regular basis, with representa-
tives of relevant industries, the research community, 
and nongovernmental organizations. 
(e) REPORT.—Not less frequently than once every 2 
years, the Administrator shall submit to Congress a report 
on the activities and findings of the Working Group. 
(f) SUNSET.—
1904 
(1) IN GENERAL.—Subject to paragraph (2), 
the Working Group shall terminate on the date that 
is 6 years after the date of enactment of this Act. 
(2) EXTENSION.—The Administrator may ex-
tend the date of termination of the Working Group 
under paragraph (1). 
Subtitle H—Energy Workforce 
Development 
CHAPTER 1—OFFICE OF ECONOMIC 
IMPACT, DIVERSITY, AND EMPLOYMENT 
SEC. 33801. NAME OF OFFICE. 
(a) IN GENERAL.—Section 211 of the Department of 
Energy Organization Act (42 U.S.C. 7141) is amended— 
(1) in the section heading, by striking ‘‘MINOR-
ITY ECONOMIC IMPACT’’ and inserting ‘‘ECONOMIC 
IMPACT, DIVERSITY, AND EMPLOYMENT’’; and 
(2) in subsection (a), by striking ‘‘Office of Mi-
nority Economic Impact’’ and inserting ‘‘Office of 
Economic Impact, Diversity, and Employment’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Department of Energy Organization Act is 
amended by amending the item relating to section 211 to 
read as follows: 
‘‘Sec. 211. Office of Economic Impact, Diversity, and Employment.’’.
1905 
SEC. 33802. ENERGY WORKFORCE DEVELOPMENT PRO-
GRAMS. 
Section 211 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7141) is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) The Secretary, acting through the Director, shall 
establish and carry out the programs described in sections 
33811 and 33812 of the Moving Forward Act.’’. 
SEC. 33803. AUTHORIZATION. 
Subsection (h) of section 211 of the Department of 
Energy Organization Act (42 U.S.C. 7141), as redesig-
nated by section 33802 of this Act, is amended by striking 
‘‘not to exceed $3,000,000 for fiscal year 1979, not to ex-
ceed $5,000,000 for fiscal year 1980, and not to exceed 
$6,000,000 for fiscal year 1981. Of the amounts so appro-
priated each fiscal year, not less than 50 percent shall be 
available for purposes of financial assistance under sub-
section (e).’’ and inserting ‘‘$100,000,000 for each of fis-
cal years 2020 through 2024.’’.
1906 
CHAPTER 2—ENERGY WORKFORCE 
DEVELOPMENT 
SEC. 33811. ENERGY WORKFORCE DEVELOPMENT. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary, acting through the Director 
of the Office of Economic Impact, Diversity, and Employ-
ment, shall establish and carry out a comprehensive, na-
tionwide program to improve education and training for 
jobs in energy-related industries, including manufacturing, 
engineering, construction, and retrofitting jobs in such en-
ergy-related industries, in order to increase the number 
of skilled workers trained to work in such energy-related 
industries, including by— 
(1) encouraging underrepresented groups, in-
cluding religious and ethnic minorities, women, vet-
erans, individuals with disabilities, unemployed en-
ergy workers, and socioeconomically disadvantaged 
individuals to enter into the science, technology, en-
gineering, and mathematics (in this section referred 
to as ‘‘STEM’’) fields; 
(2) encouraging the Nation’s educational insti-
tutions 
to 
equip 
students 
with 
the 
skills, 
mentorships, training, and technical expertise nec-
essary to fill the employment opportunities vital to
1907 
managing and operating the Nation’s energy-related 
industries; 
(3) providing students and other candidates for 
employment with the necessary skills and certifi-
cations for skilled, semiskilled, and highly skilled 
jobs in such energy-related industries; 
(4) strengthening and more fully engaging De-
partment of Energy programs and laboratories in 
carrying out the Department’s Minorities in Energy 
Initiative; and 
(5) to the greatest extent possible, collaborating 
with and supporting existing State workforce devel-
opment programs to maximize program efficiency. 
(b) PRIORITY.—In carrying out the program estab-
lished under subsection (a), the Secretary shall prioritize 
the education and training of underrepresented groups for 
jobs in energy-related industries. 
(c) DIRECT ASSISTANCE.—In carrying out the pro-
gram established under subsection (a), the Secretary shall 
provide direct assistance (including financial assistance 
awards, technical expertise, and internships) to edu-
cational institutions, local workforce development boards, 
State workforce development boards, nonprofit organiza-
tions, labor organizations, and apprenticeship programs. 
The Secretary shall distribute such direct assistance in a
1908 
manner proportional to the needs of, and demand for jobs 
in, energy-related industries, consistent with information 
obtained under subsections (e)(3) and (i). 
(d) CLEARINGHOUSE.—In carrying out the program 
established under subsection (a), the Secretary shall estab-
lish a clearinghouse to— 
(1) maintain and update information and re-
sources on training programs for jobs in energy-re-
lated industries, including manufacturing, engineer-
ing, construction, and retrofitting jobs in such en-
ergy-related industries; and 
(2) act as a resource for educational institu-
tions, local workforce development boards, State 
workforce development boards, nonprofit organiza-
tions, labor organizations, and apprenticeship pro-
grams that would like to develop and implement 
training programs for such jobs. 
(e) COLLABORATION AND REPORT.—In carrying out 
the program established under subsection (a), the Sec-
retary— 
(1) shall collaborate with educational institu-
tions, local workforce development boards, State 
workforce development boards, nonprofit organiza-
tions, labor organizations, apprenticeship programs, 
and energy-related industries;
1909 
(2) shall encourage and foster collaboration, 
mentorships, and partnerships among industry, local 
workforce development boards, State workforce de-
velopment boards, nonprofit organizations, labor or-
ganizations, and apprenticeship programs that cur-
rently provide effective training programs for jobs in 
energy-related industries and educational institutions 
that seek to establish these types of programs in 
order to share best practices and approaches that 
best suit local, State, and national needs; and 
(3) shall collaborate with the Bureau of Labor 
Statistics, the Department of Commerce, the Bureau 
of the Census, and energy-related industries to— 
(A) develop a comprehensive and detailed 
understanding of the workforce needs of such 
energy-related industries, and job opportunities 
in such energy-related industries, by State and 
by region; and 
(B) publish an annual report on job cre-
ation in the energy-related industries described 
in subsection (i)(2). 
(f) 
GUIDELINES
FOR
EDUCATIONAL
INSTITU-
TIONS.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (a), the Secretary, in
1910 
collaboration with the Secretary of Education, the 
Secretary of Commerce, the Secretary of Labor, and 
the National Science Foundation, shall develop vol-
untary guidelines or best practices for educational 
institutions to help provide graduates with the skills 
necessary for jobs in energy-related industries, in-
cluding manufacturing, engineering, construction, 
and retrofitting jobs in such energy-related indus-
tries. 
(2) INPUT.—The Secretary shall solicit input 
from energy-related industries in developing guide-
lines or best practices under paragraph (1). 
(3) ENERGY EFFICIENCY AND CONSERVATION 
INITIATIVES.—The guidelines or best practices devel-
oped under paragraph (1) shall include grade-spe-
cific guidelines for teaching energy efficiency tech-
nology, manufacturing efficiency technology, commu-
nity energy resiliency, and conservation initiatives to 
educate students and families. 
(4) STEM EDUCATION.—The guidelines or best 
practices developed under paragraph (1) shall pro-
mote STEM education in educational institutions as 
it relates to job opportunities in energy-related in-
dustries.
1911 
(g) OUTREACH
TO
MINORITY-SERVING
INSTITU-
TIONS.—In carrying out the program established under 
subsection (a), the Secretary shall— 
(1) give special consideration to increasing out-
reach to minority-serving institutions; 
(2) make resources available to minority-serving 
institutions with the objective of increasing the num-
ber of skilled minorities and women trained for jobs 
in energy-related industries, including manufac-
turing, engineering, construction, and retrofitting 
jobs in such energy-related industries; 
(3) encourage energy-related industries to im-
prove the opportunities for students of minority- 
serving institutions to participate in industry intern-
ships and cooperative work-study programs; and 
(4) partner with the Department of Energy lab-
oratories to increase underrepresented groups’ par-
ticipation in internships, fellowships, traineeships, 
and employment at all Department of Energy lab-
oratories. 
(h) OUTREACH TO DISPLACED AND UNEMPLOYED 
ENERGY WORKERS.—In carrying out the program estab-
lished under subsection (a), the Secretary shall— 
(1) give special consideration to increasing out-
reach to employers and job trainers preparing dis-
1912 
placed and unemployed energy workers for emerging 
jobs in energy-related industries, including manufac-
turing, engineering, construction, and retrofitting 
jobs in such energy-related industries; 
(2) make resources available to institutions 
serving displaced and unemployed energy workers 
with the objective of increasing the number of indi-
viduals trained for jobs in energy-related industries, 
including manufacturing, engineering, construction, 
and retrofitting jobs in such energy-related indus-
tries; and 
(3) encourage energy-related industries to im-
prove opportunities for displaced and unemployed 
energy workers to participate in industry internships 
and cooperative work-study programs. 
(i) GUIDELINES TO DEVELOP SKILLS FOR AN EN-
ERGY INDUSTRY WORKFORCE.—In carrying out the pro-
gram established under subsection (a), the Secretary shall, 
in collaboration with energy-related industries— 
(1) identify the areas with the greatest demand 
for workers in each such industry; and 
(2) develop guidelines for the skills necessary 
for work in the following energy-related industries: 
(A) Energy efficiency industry, including 
work in energy efficiency, conservation, weath-
1913 
erization, retrofitting, or as inspectors or audi-
tors. 
(B) Renewable energy industry, including 
work in the development, engineering, manufac-
turing, and production of renewable energy 
from renewable energy sources (such as solar, 
hydropower, wind, or geothermal energy). 
(C) Community energy resiliency industry, 
including work in the installation of rooftop 
solar, in battery storage, and in microgrid tech-
nologies. 
(D) Fuel cell and hydrogen energy indus-
try. 
(E) Manufacturing industry, including 
work as operations technicians, in operations 
and design in additive manufacturing, 3–D 
printing, and advanced composites and ad-
vanced aluminum and other metal alloys, indus-
trial energy efficiency management systems, in-
cluding power electronics, and other innovative 
technologies. 
(F) Chemical manufacturing industry, in-
cluding work in construction (such as welders, 
pipefitters, and tool and die makers) or as in-
strument and electrical technicians, machinists,
1914 
chemical process operators, engineers, quality 
and safety professionals, and reliability engi-
neers. 
(G) Utility industry, including work in the 
generation, transmission, and distribution of 
electricity and natural gas, such as utility tech-
nicians, operators, lineworkers, engineers, sci-
entists, and information technology specialists. 
(H) Alternative fuels industry, including 
work in biofuel development and production. 
(I) Pipeline industry, including work in 
pipeline construction and maintenance or work 
as engineers or technical advisors. 
(J) Nuclear industry, including work as 
scientists, engineers, technicians, mathemati-
cians, or security personnel. 
(K) Oil and gas industry, including work 
as scientists, engineers, technicians, mathemati-
cians, petrochemical engineers, or geologists. 
(L) Coal industry, including work as coal 
miners, engineers, developers and manufactur-
ers of state-of-the-art coal facilities, technology 
vendors, coal transportation workers and opera-
tors, or mining equipment vendors.
1915 
(j) ENROLLMENT IN TRAINING AND APPRENTICE-
SHIP PROGRAMS.—In carrying out the program estab-
lished under subsection (a), the Secretary shall work with 
industry, local workforce development boards, State work-
force development boards, nonprofit organizations, labor 
organizations, and apprenticeship programs to help iden-
tify students and other candidates, including from under-
represented communities such as minorities, women, and 
veterans, to enroll into training and apprenticeship pro-
grams for jobs in energy-related industries. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$20,000,000 for each of fiscal years 2020 through 2024. 
SEC. 33812. ENERGY WORKFORCE GRANT PROGRAM. 
(a) PROGRAM.— 
(1) ESTABLISHMENT.—Subject to the avail-
ability of appropriations, the Secretary, acting 
through the Director of the Office of Economic Im-
pact, Diversity, and Employment, shall establish and 
carry out a program to provide grants to eligible 
businesses to pay the wages of new and existing em-
ployees during the time period that such employees 
are receiving training to work in the renewable en-
ergy sector, energy efficiency sector, or grid mod-
ernization sector.
1916 
(2) GUIDELINES.—Not later than 60 days after 
the date of enactment of this Act, the Secretary, in 
consultation with stakeholders, contractors, and or-
ganizations that work to advance existing residential 
energy efficiency, shall establish guidelines to iden-
tify training that is eligible for purposes of the pro-
gram established pursuant to paragraph (1). 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under the program established under subsection (a) or a 
business or labor management organization that is directly 
involved with energy efficiency or renewable energy tech-
nology, or working on behalf of any such business, shall 
provide services related to— 
(1) renewable electric energy generation, includ-
ing solar, wind, geothermal, hydropower, and other 
renewable electric energy generation technologies; 
(2) energy efficiency, including energy-efficient 
lighting, heating, ventilation, and air conditioning, 
air source heat pumps, advanced building materials, 
insulation and air sealing, and other high-efficiency 
products and services, including auditing and inspec-
tion; 
(3) grid modernization or energy storage, in-
cluding smart grid, microgrid and other distributed
1917 
energy solutions, demand response management, and 
home energy management technology; or 
(4) fuel cell and hybrid fuel cell generation. 
(c) USE OF GRANTS.—An eligible business with— 
(1) 20 or fewer employees may use a grant pro-
vided under the program established under sub-
section (a) to pay up to— 
(A) 45 percent of an employee’s wages for 
the duration of the training, if the training is 
provided by the eligible business; and 
(B) 90 percent of an employee’s wages for 
the duration of the training, if the training is 
provided by an entity other than the eligible 
business; 
(2) 21 to 99 employees may use a grant pro-
vided under the program established under sub-
section (a) to pay up to— 
(A) 37.5 percent of an employee’s wages 
for the duration of the training, if the training 
is provided by the eligible business; and 
(B) 75 percent of an employee’s wages for 
the duration of the training, if the training is 
provided by an entity other than the eligible 
business; and
1918 
(3) 100 employees or more may use a grant 
provided under the program established under sub-
section (a) to pay up to— 
(A) 25 percent of an employee’s wages for 
the duration of the training, if the training is 
provided by the eligible business; and 
(B) 50 percent of an employee’s wages for 
the duration of the training, if the training is 
provided by an entity other than the eligible 
business. 
(d) PRIORITY
FOR TARGETED COMMUNITIES.—In 
providing grants under the program established under 
subsection (a), the Secretary shall give priority to eligible 
businesses that— 
(1) recruit employees— 
(A) from the communities that the busi-
nesses serve; and 
(B) that are minorities, women, persons 
who are or were foster children, persons who 
are transitioning from fossil energy sector jobs, 
or veterans; and 
(2) provide trainees with the opportunity to ob-
tain real-world experience.
1919 
(e) LIMIT.—An eligible business may not receive 
more than $100,000 under the program established under 
subsection (a) per fiscal year. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$70,000,000 for each of fiscal years 2020 through 2024. 
SEC. 33813. DEFINITIONS. 
In this subtitle: 
(1) APPRENTICESHIP.—The term ‘‘apprentice-
ship’’ means an apprenticeship registered under the 
Act of August 16, 1937 (commonly known as the 
‘‘National Apprenticeship Act’’; 50 Stat. 664, chap-
ter 663; 29 U.S.C. 50 et seq.). 
(2) EDUCATIONAL
INSTITUTION.—The term 
‘‘educational institution’’ means an elementary 
school, secondary school, or institution of higher 
education. 
(3) ELEMENTARY
SCHOOL
AND
SECONDARY 
SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meanings given such terms 
in section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
(4) ENERGY-RELATED
INDUSTRY.—The term 
‘‘energy-related industry’’ includes each of the en-
ergy efficiency, renewable energy, chemical manufac-
1920 
turing, utility, alternative fuels, pipeline, nuclear en-
ergy, oil, gas, and coal industries. 
(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002). 
(6) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given such term in 
section 2 of the National Labor Relations Act (29 
U.S.C. 152). 
(7) 
LOCAL
WORKFORCE
DEVELOPMENT 
BOARD.—The term ‘‘local workforce development 
board’’ means a local board, as defined in section 3 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(8) 
MINORITY-SERVING
INSTITUTION.—The 
term ‘‘minority-serving institution’’ means an insti-
tution of higher education that is of one of the fol-
lowing: 
(A) Hispanic-serving institution (as de-
fined in section 502(a)(5) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1101a(a)(5))). 
(B) Tribal College or University (as de-
fined in section 316(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1059c(b))).
1921 
(C) Alaska Native-serving institution (as 
defined in section 317(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059d(b))). 
(D) Native Hawaiian-serving institution 
(as defined in section 317(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1059d(b))). 
(E) Predominantly Black Institution (as 
defined in section 318(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059e(b))). 
(F) Native American-serving nontribal in-
stitution (as defined in section 319(b) of the 
Higher Education Act of 1965 (20 U.S.C. 
1059f(b))). 
(G) Asian American and Native American 
Pacific Islander-serving institution (as defined 
in section 320(b) of the Higher Education Act 
of 1965 (20 U.S.C. 1059g(b))). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(10) 
STATE
WORKFORCE
DEVELOPMENT 
BOARD.—The term ‘‘State workforce development 
board’’ means a State board, as defined in section 
3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102).
1922 
TITLE IV—HEALTH CARE 
INFRASTRUCTURE 
SEC. 34101. HOSPITAL INFRASTRUCTURE. 
(a) IN GENERAL.—Section 1610(a) of the Public 
Health Service Act (42 U.S.C. 300r(a)) is amended— 
(1) in paragraph (1)(A)— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iii) increase capacity and update hospitals 
and other medical facilities in order to better serve 
communities in need.’’; and 
(2) by striking paragraph (3) and inserting the 
following paragraphs: 
‘‘(3) PRIORITY.—In awarding grants under this sub-
section, the Secretary shall give priority to applicants 
whose projects will include, by design, public health emer-
gency preparedness, natural disaster emergency prepared-
ness, flood mitigation, or cybersecurity against cyber 
threats. 
‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— 
‘‘(A) IN GENERAL.—As a condition on receipt 
of a grant under this subsection for a project, an en-
1923 
tity shall ensure that all of the iron and steel prod-
ucts used in the project are produced in the United 
States. 
‘‘(B) APPLICATION.—Subparagraph (A) shall 
be waived in any case or category of cases in which 
the Secretary finds that— 
‘‘(i) applying subparagraph (A) would be 
inconsistent with the public interest; 
‘‘(ii) iron and steel products are not pro-
duced in the United States in sufficient and 
reasonably available quantities and of a satis-
factory quality; or 
‘‘(iii) inclusion of iron and steel products 
produced in the United States will increase the 
cost of the overall project by more than 25 per-
cent. 
‘‘(C) WAIVER.—If the Secretary receives a re-
quest for a waiver under this paragraph, the Sec-
retary shall make available to the public, on an in-
formal basis, a copy of the request and information 
available to the Secretary concerning the request, 
and shall allow for informal public input on the re-
quest for at least 15 days prior to making a finding 
based on the request. The Secretary shall make the 
request and accompanying information available by
1924 
electronic means, including on the official public 
internet site of the Department of Health and 
Human Services. 
‘‘(D) 
INTERNATIONAL
AGREEMENTS.—This 
paragraph shall be applied in a manner consistent 
with United States obligations under international 
agreements. 
‘‘(E) MANAGEMENT
AND
OVERSIGHT.—The 
Secretary may retain up to 0.25 percent of the funds 
appropriated for this subsection for management 
and oversight of the requirements of this paragraph. 
‘‘(F) EFFECTIVE DATE.—This paragraph does 
not apply with respect to a project if a State agency 
approves the engineering plans and specifications for 
the project, in that agency’s capacity to approve 
such plans and specifications prior to a project re-
questing bids, prior to the date of enactment of this 
paragraph. 
‘‘(5) ENERGY EFFICIENCY.— 
‘‘(A) IN GENERAL.—As a condition on receipt 
of a grant under this subsection for a project, a 
grant recipient shall ensure that the project in-
creases— 
‘‘(i) energy efficiency; 
‘‘(ii) energy resilience; or
1925 
‘‘(iii) the use of renewable energy. 
‘‘(B) APPLICATION.—Subparagraph (A) shall 
be waived in any case or category of cases in which 
the Secretary finds that applying subparagraph 
(A)— 
‘‘(i) would be inconsistent with the public 
interest; or 
‘‘(ii) will increase the cost of the overall 
project by more than 25 percent. 
‘‘(C) WAIVER.—If the Secretary receives a re-
quest for a waiver under this paragraph, the Sec-
retary shall make available to the public, on an in-
formal basis, a copy of the request and information 
available to the Secretary concerning the request, 
and shall allow for informal public input on the re-
quest for at least 15 days prior to making a finding 
based on the request. The Secretary shall make the 
request and accompanying information available by 
electronic means, including on the official public 
internet site of the Department of Health and 
Human Services. 
‘‘(D) MANAGEMENT
AND
OVERSIGHT.—The 
Secretary may retain up to 0.25 percent of the funds 
appropriated for this subsection for management 
and oversight of the requirements of this paragraph.
1926 
‘‘(E) EFFECTIVE DATE.—This paragraph does 
not apply with respect to a project if a State agency 
approves the engineering plans and specifications for 
the project, in that agency’s capacity to approve 
such plans and specifications prior to a project re-
questing bids, prior to the date of enactment of this 
paragraph. 
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this subsection, there is authorized to be appro-
priated $2,000,000,000 for each of fiscal years 2021 
through 2025.’’. 
(b) TECHNICAL UPDATE.—Section 1610(b) of the 
Public Health Service Act (42 U.S.C. 300r(b)) is amended 
by striking paragraph (3). 
SEC. 
34102. 
COMMUNITY 
HEALTH 
CENTER 
CAPITAL 
PROJECT FUNDING. 
Section 10503 of the Patient Protection and Afford-
able Care Act (42 U.S.C. 254b–2) is amended by striking 
subsection (c) and inserting the following: 
‘‘(c) CAPITAL PROJECTS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the CHC Fund to be transferred to 
the Secretary of Health and Human Services for 
capital projects of the community health center pro-
gram under section 330 of the Public Health Service
1927 
Act, $10,000,000,000 for the period of fiscal years 
2021 through 2025. 
‘‘(2) ENERGY EFFICIENCY.— 
‘‘(A) IN GENERAL.—As a condition on re-
ceipt of a grant for a capital project pursuant 
to paragraph (1), a grant recipient shall ensure 
that the capital project increases— 
‘‘(i) energy efficiency; 
‘‘(ii) energy resilience; or 
‘‘(iii) the use of renewable energy. 
‘‘(B) APPLICATION.—Subparagraph (A) 
shall be waived in any case or category of cases 
in which the Secretary finds that applying sub-
paragraph (A)— 
‘‘(i) would be inconsistent with the 
public interest; or 
‘‘(ii) will increase the cost of the over-
all project by more than 25 percent. 
‘‘(C) WAIVER.—If the Secretary receives a 
request for a waiver under this subsection, the 
Secretary shall make available to the public, on 
an informal basis, a copy of the request and in-
formation available to the Secretary concerning 
the request, and shall allow for informal public 
input on the request for at least 15 days prior
1928 
to making a finding based on the request. The 
Secretary shall make the request and accom-
panying information available by electronic 
means, including on the official public internet 
site of the Department of Health and Human 
Services. 
‘‘(D) MANAGEMENT
AND
OVERSIGHT.— 
The Secretary may retain up to 0.25 percent of 
the funds appropriated for this subsection for 
management and oversight of the requirements 
of this paragraph. 
‘‘(E) EFFECTIVE DATE.—This paragraph 
does not apply with respect to a capital project 
if a State agency approves the engineering 
plans and specifications for the capital project, 
in that agency’s capacity to approve such plans 
and specifications prior to a project requesting 
bids, prior to the date of enactment of this 
paragraph. 
‘‘(3) APPLICABILITY OF DAVIS-BACON ACT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
require that each entity applying for a grant for 
any capital project pursuant to paragraph (1), 
funded in whole or in part with funds made 
available under this subsection, shall include in
1929 
such application written assurance that all la-
borers and mechanics employed by contractors 
or subcontractors in the performance of con-
struction, alternation or repair, as part of such 
project, shall be paid wages at rates not less 
than those prevailing on similar work in the lo-
cality as determined by the Secretary of Labor 
in accordance with subchapter IV of chapter 31 
of part A of subtitle II of title 40, United 
States Code (commonly referred to (and re-
ferred to in this section) as the ‘Davis-Bacon 
Act’). 
‘‘(B) AUTHORITY TO ENFORCE.—With re-
spect to the labor standards specified in the 
Davis-Bacon Act, the Secretary of Labor shall 
have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (15 
Fed. Reg. 3176; 5 U.S.C. App.) and section 2 
of the Act of June 13, 1934 (40 U.S.C. 
276c).’’. 
SEC. 34103. PILOT PROGRAM TO IMPROVE LABORATORY IN-
FRASTRUCTURE. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall award grants to States and political 
subdivisions of States to support the improvement, renova-
1930 
tion, or modernization of infrastructure at clinical labora-
tories (as defined in section 353 of the Public Health Serv-
ice Act (42 U.S.C. 263a)) that will help to improve SARS– 
CoV–2 and COVID–19 testing and response activities, in-
cluding the expansion and enhancement of testing capacity 
and the reduction of wait times for results at such labora-
tories. 
(b) ENERGY EFFICIENCY.— 
(1) IN GENERAL.—As a condition on receipt of 
a grant under this section for a project, a grant re-
cipient shall ensure that the project increases— 
(A) energy efficiency; 
(B) energy resilience; or 
(C) the use of renewable energy. 
(2) APPLICATION.—Paragraph (1) shall be 
waived in any case or category of cases in which the 
Secretary finds that applying paragraph (1)— 
(A) would be inconsistent with the public 
interest; or 
(B) will increase the cost of the overall 
project by more than 25 percent. 
(3) WAIVER.—If the Secretary receives a re-
quest for a waiver under this subsection, the Sec-
retary shall make available to the public, on an in-
formal basis, a copy of the request and information
1931 
available to the Secretary concerning the request, 
and shall allow for informal public input on the re-
quest for at least 15 days prior to making a finding 
based on the request. The Secretary shall make the 
request and accompanying information available by 
electronic means, including on the official public 
internet site of the Department of Health and 
Human Services. 
(4) MANAGEMENT AND OVERSIGHT.—The Sec-
retary may retain up to 0.25 percent of the funds 
appropriated for this section for management and 
oversight of the requirements of this subsection. 
(5) EFFECTIVE
DATE.—This subsection does 
not apply with respect to a project if a State agency 
approves the engineering plans and specifications for 
the project, in that agency’s capacity to approve 
such plans and specifications prior to a project re-
questing bids, prior to the date of enactment of this 
subsection. 
(c) APPLICABILITY OF DAVIS-BACON ACT.— 
(1) IN GENERAL.—The Secretary shall require 
that each State or political subdivision of a State ap-
plying for a grant, with respect to a project for the 
improvement, renovation, or modernization of infra-
structure at clinical laboratories under this section,
1932 
funded in whole or in part with funds made available 
under this section, shall include in such application 
written assurance that all laborers and mechanics 
employed by contractors or subcontractors in the 
performance of construction, alternation, or repair, 
as part of such project, shall be paid wages at rates 
not less than those prevailing on similar work in the 
locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of part 
A of subtitle II of title 40, United States Code (com-
monly referred to (and referred to in this section) as 
the ‘‘Davis-Bacon Act’’). 
(2) AUTHORITY TO ENFORCE.—With respect to 
the labor standards specified in the Davis-Bacon 
Act, the Secretary of Labor shall have the authority 
and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. 
App.) and section 2 of the Act of June 13, 1934 (40 
U.S.C. 276c). 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$4,500,000,000 for the period of fiscal years 2021 
through 2025.
1933 
SEC. 34104. 21ST CENTURY INDIAN HEALTH PROGRAM HOS-
PITALS AND OUTPATIENT HEALTH CARE FA-
CILITIES. 
The Indian Health Care Improvement Act is amend-
ed by inserting after section 301 of such Act (25 U.S.C. 
1631) the following: 
‘‘SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, 
CONSTRUCTION, MODERNIZATION, AND REN-
OVATION OF HOSPITALS AND OUTPATIENT 
HEALTH CARE FACILITIES. 
‘‘(a) ADDITIONAL FUNDING.—For the purpose de-
scribed in subsection (b), in addition to any other funds 
available for such purpose, there is authorized to be appro-
priated $5,000,000,000 for the period of fiscal years 2021 
through 2025. 
‘‘(b) PURPOSE.—The purpose described in this sub-
section is the planning, design, construction, moderniza-
tion, and renovation of hospitals and outpatient health 
care facilities that are funded, in whole or part, by the 
Service through, or provided for in, a contract or compact 
with the Service under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et seq.), in-
cluding to address COVID–19 and other subsequent pub-
lic health crises. 
‘‘(c) TRIBAL CONSULTATION.—The Secretary shall 
engage in consultation with Indian Tribes and Tribal or-
1934 
ganizations to receive guidance and recommendations 
from Tribal officials before initiating any construction 
projects under this section on federally-operated facilities 
of the Service. 
‘‘(d) ENERGY EFFICIENCY.— 
‘‘(1) IN GENERAL.—As a condition on receipt of 
funding under this section for a project, the recipi-
ent of such funding shall ensure that the project in-
creases— 
‘‘(A) energy efficiency; 
‘‘(B) energy resilience; or 
‘‘(C) the use of renewable energy. 
‘‘(2) APPLICATION.—Paragraph (1) shall be 
waived in any case or category of cases in which the 
Secretary finds that applying paragraph (1)— 
‘‘(A) would be inconsistent with the public 
interest; or 
‘‘(B) will increase the cost of the overall 
project by more than 25 percent. 
‘‘(3) WAIVER.—If the Secretary receives a re-
quest for a waiver under this subsection, the Sec-
retary shall make available to the public, on an in-
formal basis, a copy of the request and information 
available to the Secretary concerning the request. 
The Secretary shall make the request and accom-
1935 
panying information available by electronic means, 
including on the official public internet site of the 
Department of Health and Human Services. 
‘‘(4) MANAGEMENT AND OVERSIGHT.—The Sec-
retary may retain up to 0.25 percent of the funds 
appropriated for this section for management and 
oversight of the requirements of this subsection. 
‘‘(5) EFFECTIVE DATE.—This subsection does 
not apply with respect to a project if a State agency 
approves the engineering plans and specifications for 
the project, in that agency’s capacity to approve 
such plans and specifications prior to a project re-
questing bids, prior to the date of enactment of this 
subsection.’’. 
SEC. 34105. PILOT PROGRAM TO IMPROVE COMMUNITY- 
BASED CARE INFRASTRUCTURE. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services may award grants to qualified teaching 
health centers (as defined in section 340H of the Public 
Health Service Act (42 U.S.C. 256h)) and behavioral 
health care centers (as defined by the Secretary, to include 
both substance abuse and mental health care facilities) to 
support the improvement, renovation, or modernization of 
infrastructure at such centers, including to address 
COVID–19 and other subsequent public health crises.
1936 
(b) ENERGY EFFICIENCY.— 
(1) IN GENERAL.—As a condition on receipt of 
a grant under this section for a project, a grant re-
cipient shall ensure that the project increases— 
(A) energy efficiency; 
(B) energy resilience; or 
(C) the use of renewable energy. 
(2) APPLICATION.—Paragraph (1) shall be 
waived in any case or category of cases in which the 
Secretary finds that applying paragraph (1)— 
(A) would be inconsistent with the public 
interest; or 
(B) will increase the cost of the overall 
project by more than 25 percent. 
(3) WAIVER.—If the Secretary receives a re-
quest for a waiver under this subsection, the Sec-
retary shall make available to the public, on an in-
formal basis, a copy of the request and information 
available to the Secretary concerning the request, 
and shall allow for informal public input on the re-
quest for at least 15 days prior to making a finding 
based on the request. The Secretary shall make the 
request and accompanying information available by 
electronic means, including on the official public
1937 
internet site of the Department of Health and 
Human Services. 
(4) MANAGEMENT AND OVERSIGHT.—The Sec-
retary may retain up to 0.25 percent of the funds 
appropriated for this section for management and 
oversight of the requirements of this subsection. 
(5) EFFECTIVE
DATE.—This subsection does 
not apply with respect to a project if a State agency 
approves the engineering plans and specifications for 
the project, in that agency’s capacity to approve 
such plans and specifications prior to a project re-
questing bids, prior to the date of enactment of this 
subsection. 
(c) APPLICABILITY OF DAVIS-BACON ACT.— 
(1) IN GENERAL.—The Secretary shall require 
that each qualified teaching health center or behav-
ioral health care center applying for a grant, with 
respect to a project for the improvement, renovation, 
or modernization of infrastructure at a qualified 
teaching health center or behavior health care center 
under this section, funded in whole or in part with 
funds made available under this section, shall in-
clude in such application written assurance that all 
laborers and mechanics employed by contractors or 
subcontractors in the performance of construction,
1938 
alternation, or repair, as part of such project, shall 
be paid wages at rates not less than those prevailing 
on similar work in the locality as determined by the 
Secretary of Labor in accordance with subchapter 
IV of chapter 31 of part A of subtitle II of title 40, 
United States Code (commonly referred to (and re-
ferred to in this section) as the ‘‘Davis-Bacon Act’’). 
(2) AUTHORITY TO ENFORCE.—With respect to 
the labor standards specified in the Davis-Bacon 
Act, the Secretary of Labor shall have the authority 
and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. 
App.) and section 2 of the Act of June 13, 1934 (40 
U.S.C. 276c). 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$500,000,000, to remain available until expended. 
SEC. 34106. ACCESS ROAD FOR DESERT SAGE YOUTH 
WELLNESS CENTER. 
(a) ACQUISITION OF LAND.— 
(1) AUTHORIZATION.—The Secretary of Health 
and Human Services, acting through the Director of 
the Indian Health Service, is authorized to acquire, 
from willing sellers, the land in Hemet, California, 
upon which is located a dirt road known as ‘‘Best
1939 
Road’’, beginning at the driveway of the Desert Sage 
Youth Wellness Center at Faure Road and extending 
to the junction of Best Road and Sage Road. 
(2) COMPENSATION.—The Secretary shall pay 
fair market value for the land authorized to be ac-
quired under paragraph (1). Fair market value shall 
be determined— 
(A) using Uniform Appraisal Standards 
for Federal Land Acquisitions; and 
(B) by an appraiser acceptable to the Sec-
retary and the owners of the land to be ac-
quired. 
(3) ADDITIONAL RIGHTS.—In addition to the 
land referred to in paragraph (1), the Secretary is 
authorized to acquire, from willing sellers, land or 
interests in land as reasonably necessary to con-
struct and maintain the road as required by sub-
section (b). 
(b) CONSTRUCTION AND MAINTENANCE OF ROAD.— 
(1) CONSTRUCTION.—After the Secretary ac-
quires the land pursuant to subsection (a), the Sec-
retary shall construct on that land a paved road that 
is generally located over Best Road to facilitate ac-
cess to the Desert Sage Youth Wellness Center in 
Hemet, California.
1940 
(2) MAINTENANCE.—The Secretary— 
(A) shall maintain and manage the road 
constructed pursuant to paragraph (1); or 
(B) enter into an agreement with Riverside 
County, California, to own, maintain and man-
age the road constructed pursuant to paragraph 
(1). 
DIVISION H—ADDITIONAL 
PROGRAMS 
TITLE I—ADDITIONAL 
PROGRAMS 
SEC. 40001. NATIONAL SCENIC BYWAYS PROGRAM. 
There are authorized to be appropriated out of the 
general fund of the Treasury, for the national scenic by-
ways program under section 162 of title 23, United States 
Code— 
(1) $55,000,000 for fiscal year 2021; 
(2) $60,000,000 for fiscal year 2022; 
(3) $65,000,000 for fiscal year 2023; 
(4) $70,000,000 for fiscal year 2024; and 
(5) $75,000,000 for fiscal year 2025. 
SEC. 40002. AUTHORIZATION OF APPROPRIATIONS FOR DE-
PARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—There is authorized to be appro-
priated 
for 
the 
Department 
of 
Veterans 
Affairs
1941 
$3,396,000,000 to carry out subsection (b). Amounts ap-
propriated pursuant to this section shall remain available 
for obligation or expenditure without fiscal year limitation. 
(b) USE OF AMOUNTS.—The amount authorized to 
be appropriated under subsection (a) shall be used by the 
Secretary of Veterans Affairs as follows: 
(1) $750,000,000 for minor construction. 
(2) $750,000,000 for non-recurring mainte-
nance. 
(3) $1,350,000,000 for major construction 
projects that are partially funded for fiscal year 
2021. 
(4) $546,000,000 for grants under subchapter 
III of chapter 81 of title 38, United States Code. 
(c) CONTRACTING GOALS.—The contracting goals 
under section 15(g)(1) and (2) of the Small Business Act 
(15 U.S.C. 644) shall apply to a contract entered into 
using amounts authorized to be appropriated under this 
section and used pursuant to subsection (b)(1) and (2). 
SEC. 40003. REQUIREMENTS FOR OWNERS AND OPERATORS 
OF EQUIPMENT OR FACILITIES USED BY PAS-
SENGER OR FREIGHT TRANSPORTATION EM-
PLOYERS. 
(a) DEFINITIONS.—In this section:
1942 
(1) AT-RISK
EMPLOYEE.—The term ‘‘at-risk 
employee’’ means an employee (including a Federal 
employee) or contractor of a passenger or freight 
transportation employer— 
(A) whose job responsibilities involve inter-
action with— 
(i) passengers; 
(ii) the public; or 
(iii) coworkers who interact with the 
public; 
(B) who handles items which are handled 
or will be handled by the public; or 
(C) who works in locations where social 
distancing and other preventative measures 
with respect to the Coronavirus Disease 2019 
(COVID–19) are not possible. 
(2) PASSENGER OR FREIGHT TRANSPORTATION 
EMPLOYER.—The term ‘‘passenger or freight trans-
portation employer’’ includes— 
(A) the owner, charterer, managing oper-
ator, master, or other individual in charge of a 
passenger vessel (as defined in section 2101 of 
title 46, United States Code); 
(B) an air carrier (as defined in section 
40102 of title 49, United States Code);
1943 
(C) a commuter authority (as defined in 
section 24102 of title 49, United State Code); 
(D) an entity that provides intercity rail 
passenger transportation (as defined in section 
24102 of title 49, United States Code); 
(E) a rail carrier (as defined in section 
10102 of title 49, United States Code); 
(F) a regional transportation authority (as 
defined in section 24102 of title 49, United 
States Code); 
(G) a provider of public transportation (as 
defined in section 5302 of title 49, United 
States Code); 
(H) a provider of motorcoach services (as 
defined in section 32702 of the Motorcoach En-
hanced Safety Act of 2012 (49 U.S.C. 31136 
note; Public Law 112–141)); 
(I) a motor carrier that owns or operates 
more than 100 motor vehicles (as those terms 
are defined in section 390.5 of title 49, Code of 
Federal Regulations (or successor regulations)); 
(J) a sponsor, owner, or operator of a pub-
lic-use airport (as defined in section 47102 of 
title 49, United States Code);
1944 
(K) a marine terminal operator (as defined 
in section 40102 of title 46, United States 
Code) and the relevant authority or operator of 
a port or harbor; 
(L) the Transportation Security Adminis-
tration, exclusively with respect to Transpor-
tation Security Officers; and 
(M) a marine terminal operator (as defined 
in section 40102 of title 46, United States 
Code) and the relevant authority or operator of 
a port or harbor, or any other employer of indi-
viduals covered under section 2(3) of the 
Longshore and Harbor Workers’ Compensation 
Act (33 U.S.C. 902(3)). 
(b) REQUIREMENTS.—For the purposes of respond-
ing to, or for purposes relating to operations during the 
national emergency declared by the President under the 
National Emergencies Act (50 U.S.C. 1601 et seq.) re-
lated to the pandemic of SARS–4CoV–2 or coronavirus 
disease 2019 (COVID–19), the Secretary shall require— 
(1) the owners or operators of equipment, sta-
tions, or facilities used by passenger or freight 
transportation employers, as applicable— 
(A) to clean, disinfect, and sanitize, in ac-
cordance with guidance issued by the Centers
1945 
for Disease Control and Prevention, the equip-
ment and facilities, including, as applicable— 
(i) buses; 
(ii) commercial motor vehicles; 
(iii) freight and passenger rail loco-
motives; 
(iv) freight and passenger rail cars; 
(v) vessels; 
(vi) airports; 
(vii) fleet vehicles used for the trans-
portation of workers to job sites; 
(viii) aircraft, including the cockpit 
and the cabin; and 
(ix) other equipment and facilities; 
(B) to ensure that stations and facilities, 
including enclosed facilities, owned, operated, 
and used by passenger or freight transportation 
employers, including facilities used for employee 
training or the performance of indoor or out-
door maintenance, repair, or overhaul work, are 
disinfected and sanitized frequently in accord-
ance with guidance issued by the Centers for 
Disease Control and Prevention; 
(C) to provide to at-risk employees— 
(i) masks or protective face coverings;
1946 
(ii) gloves; 
(iii) hand sanitizer; 
(iv) sanitizing wipes with sufficient al-
cohol content; and 
(v) training on the proper use of per-
sonal protective equipment and sanitizing 
equipment; 
(D) to ensure that employees whose job re-
sponsibilities include the cleaning, disinfecting, 
or sanitizing described in subparagraph (A) or 
(B) are provided— 
(i) masks or protective face coverings; 
(ii) gloves; 
(iii) hand sanitizer; and 
(iv) sanitizing wipes with sufficient al-
cohol content; 
(E) to establish guidelines, or adhere to 
any existing applicable guidelines, for notifying 
an employee of the owner or operator of a con-
firmed diagnosis of the Coronavirus Disease 
2019 (COVID–19) with respect to any other 
employee of the owner or operator with whom 
the notified employee had physical contact or a 
physical interaction during the 48-hour period
1947 
preceding the time at which the diagnosed em-
ployee developed symptoms; 
(F) to require that passengers and cabin 
crew members wear masks or protective face 
coverings while in or using a passenger aircraft 
of an air carrier; 
(G) to require each flight crew member to 
wear a mask or protective face covering while 
on board an aircraft and outside the flight 
deck; and 
(H) ensure that each contractor of an 
owner or operator identified under this para-
graph provides masks or protective face cov-
erings, gloves, hand sanitizer, and sanitizing 
wipes with sufficient alcohol content, to employ-
ees of such contractor whose job responsibilities 
include the cleaning, disinfecting, or sanitizing 
described in subparagraph (A) or (B). 
(2) an air carrier to submit to the Adminis-
trator of the Federal Aviation Administration a pro-
posal to permit flight crew members to wear masks 
or protective face coverings in the flight deck, in-
cluding a safety risk assessment with respect to that 
proposal.
1948 
(c) 
MARKET
UNAVAILABILITY
OF
NECESSARY 
ITEMS.— 
(1) NOTICE OF MARKET UNAVAILABILITY.— 
(A) IN GENERAL.—If an owner or operator 
described in paragraph (1) of subsection (b) is 
unable to acquire 1 or more items necessary to 
comply with the requirements prescribed under 
that paragraph due to market unavailability of 
the items, the owner or operator shall— 
(i) not later than 7 days after the 
date on which the owner or operator is un-
able to acquire each applicable item, sub-
mit to the Secretary a written notice ex-
plaining the efforts made and obstacles 
faced by the owner or operator to acquire 
that item; and 
(ii) continue making efforts to acquire 
that item until the item is acquired. 
(B) UPDATED NOTICE WITH RESPECT TO 
THE SAME ITEM.—If an owner or operator is 
unable to acquire an item described in a notice 
submitted under subparagraph (A) by the date 
described in paragraph (4)(B)(ii) with respect 
to the notice, the owner or operator may submit 
an updated notice with respect to that item.
1949 
(2) REASONABLE EFFORT DETERMINATION.— 
With respect to each notice submitted under para-
graph (1), the Secretary shall determine whether the 
owner or operator submitting the notice has made 
reasonable efforts to acquire the item described in 
the notice. 
(3) NOTICE OF COMPLIANCE.—Not later than 7 
days after the date on which an owner or operator 
acquires an item described in a notice submitted by 
that owner or operator under paragraph (1) in a 
quantity sufficient to comply with the requirements 
prescribed under subsection (b)(1), the owner or op-
erator shall submit to the Secretary a written notice 
of compliance with those requirements. 
(4) LIST OF OWNERS AND OPERATORS MAKING 
REASONABLE EFFORTS TO ACQUIRE UNAVAILABLE 
ITEMS.— 
(A) IN
GENERAL.—The Secretary shall 
publish on a public website of the Department 
of Transportation a list that, with respect to 
each notice submitted to the Secretary under 
paragraph (1) for which the Secretary has 
made a positive determination under paragraph 
(2)—
1950 
(i) identifies the owner or operator 
that submitted the notice; 
(ii) identifies the item that the owner 
or operator was unable to acquire; and 
(iii) describes the reasonable efforts 
made by the owner or operator to acquire 
that item. 
(B) REMOVAL FROM LIST.—The Secretary 
shall remove each entry on the list described in 
subparagraph (A) on the earlier of— 
(i) the date on which the applicable 
owner or operator submits to the Secretary 
a notice of compliance under paragraph (3) 
with respect to the item that is the subject 
of the entry; and 
(ii) the date that is 90 days after the 
date on which the entry was added to the 
list. 
(d) PROTECTION OF CERTAIN FEDERAL AVIATION 
ADMINISTRATION EMPLOYEES.— 
(1) IN
GENERAL.—For the purposes of re-
sponding to, or for purposes relating to operations 
during the national emergency declared by the Presi-
dent under the National Emergencies Act (50 
U.S.C. 1601 et seq.) related to the pandemic of
1951 
SARS–4CoV–2 
or 
coronavirus 
disease 
2019 
(COVID–19), in order to maintain the safe and effi-
cient operation of the air traffic control system, the 
Administrator of the Federal Aviation Administra-
tion shall— 
(A) provide any air traffic controller and 
airway transportation systems specialist of the 
Federal Aviation Administration with masks or 
protective face coverings, gloves, and hand sani-
tizer and wipes of sufficient alcohol content, 
and provide training on the proper use of per-
sonal protective equipment and sanitizing 
equipment; 
(B) ensure that each air traffic control fa-
cility is cleaned, disinfected, and sanitized fre-
quently in accordance with Centers for Disease 
Control and Prevention guidance; and 
(C) provide any employee of the Federal 
Aviation Administration whose job responsibil-
ities involve cleaning, disinfecting, and sani-
tizing a facility described in subparagraph (B) 
with masks or protective face coverings and 
gloves, and ensure that each contractor of the 
Federal Aviation Administration provides any 
employee of the contractor with those materials.
1952 
(2) SOURCE
OF
EQUIPMENT.—The items de-
scribed in paragraph (1)(A) may be procured or pro-
vided under that paragraph through any source 
available to the Administrator of the Federal Avia-
tion Administration. 
SEC. 40004. REVOLVING LOAN FUND FLEXIBILITY. 
Section 209(d) of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3149(d)) is amend-
ed— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) REVOLVING LOAN FUND REPURPOSING.— 
‘‘(A) IN GENERAL.—A grantee of revolving 
loan funds may, upon request, transfer any 
funds that have been repaid to a revolving loan 
fund under this section to any other project eli-
gible to receive funding under this section. 
‘‘(B) ELIGIBILITY.—To be eligible to 
transfer revolving loan funds under this para-
graph, a grantee shall have more cash available 
for lending than the average cash available for 
lending in the EDA region in which such grant-
ee is located.
1953 
‘‘(C) DISCRETION.—The Secretary shall 
retain the discretion to approve or deny a trans-
fer request under this paragraph. 
‘‘(D) CASH AVAILABLE FOR LENDING DE-
FINED.—In this paragraph, the term ‘cash 
available for lending’ means the revolving loan 
fund cash available for lending net of the com-
mitted revolving loan fund cash.’’. 
SEC. 40005. AUTHORIZATION FOR SCIENCE CENTER CON-
STRUCTION. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director of the 
United States Geological Survey $166,800,000 to fund, 
through a cooperative agreement with an academic part-
ner, the design, construction, and tenant build-out of a 
facility to support energy and minerals research and ap-
purtenant associated structures. 
(b) AGREEMENTS.—The United States Geological 
Survey will retain ownership of the facility and associated 
structures once constructed and is authorized to enter into 
agreements with, and to collect and spend funds or in- 
kind contributions from, academic, Federal, State, or 
other facility tenants on facility planning, design, mainte-
nance, operation, or facility improvement costs during the 
life of the facility.
1954 
(c) LEASE.—The Director of the United States Geo-
logical Survey is authorized to enter into a lease or other 
agreement with the academic partner, at no cost to the 
United States, for that partner to provide land on which 
to construct the facility for a minimum term of not less 
than 99 years. 
(d) REPORTS.—The Director of the United States 
Geological Survey shall submit annual reports on the 
science center constructed and the authorities utilized 
under this section to the appropriate congressional com-
mittees. 
SEC. 40006. GAO STUDY ON THE IMPACT OF TRANSPOR-
TATION POLICIES ON MARGINALIZED COM-
MUNITIES. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study to identify the impact of cer-
tain transportation policies on people based on their race, 
ethnicity, nationality, age, disability status, and gender 
identity, including— 
(1) data on fare evasion policies, including— 
(A) the number of people stopped for sus-
pected fare evasion by transit law enforcement 
officers or transit agency personnel, aggregated 
by tract, as designated by the Bureau of the 
Census;
1955 
(B) the race, ethnicity, nationality, age, 
disability status, and gender identity of people 
stopped by law enforcement officers or transit 
agency personnel and provided a citation or 
summons for suspected fare evasion; 
(C) an analysis on the dollar amount, or-
ganized by transit station, of— 
(i) fines issued as penalty for fare 
evasion citations to individuals by race, 
ethnicity, nationality, age, disability status, 
and gender identity; 
(ii) fare revenue lost due to fare eva-
sion; and 
(iii) fare evasion fines collected by 
transit agency, law enforcement, or other 
entity; and 
(D) the number of complaints filed against 
law enforcement officers or transit agency per-
sonnel while enforcing fare evasion policies; 
(2) data on speed enforcement cameras, includ-
ing— 
(A) the location of speed enforcement cam-
eras and the demographics of the location of 
such region by tract, as designated by the Bu-
1956 
reau of the Census, including race, ethnicity, 
nationality, and median income; 
(B) the original intent for placement of the 
speed enforcement camera, whether to address 
a specific safety concern or otherwise; 
(C) the affiliated policy for enforcement, 
whether 
automated 
enforcement, 
in-person 
ticketing, or otherwise; and 
(D) the dollar amount of fines to drivers 
by speed enforcement camera location; and 
(3) any other transportation policy that may 
have a disproportionate impact on low-income com-
munities and communities of color. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General shall 
submit the Committee on Transportation and Infrastruc-
ture and the Committee on the Judiciary of the House 
of Representatives a report on the results of the study con-
ducted under subsection (a), including— 
(1) any disproportionate impacts of transpor-
tation policies on marginalized communities; and 
(2) recommendations on ways to reduce such 
disproportionate impacts.
1957 
SEC. 40007. USE OF BIRD-SAFE FEATURES, PRACTICES, AND 
STRATEGIES IN PUBLIC BUILDINGS. 
(a) IN GENERAL.—Chapter 33 of title 40, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3319. Use of bird-safe features, practices, and strat-
egies in public buildings 
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISI-
TION OF PUBLIC BUILDINGS.—The Administrator of Gen-
eral Services shall incorporate, to the extent practicable, 
features, practices, and strategies to reduce bird fatality 
resulting from collisions with public buildings for each 
public building— 
‘‘(1) constructed; 
‘‘(2) acquired; or 
‘‘(3) of which more than 50 percent of the fa-
cade is substantially altered (in the opinion of the 
Commissioner of Public Buildings). 
‘‘(b) DESIGN GUIDE.—The Administrator shall de-
velop a design guide to carry out subsection (a) that in-
cludes the following: 
‘‘(1) Features for reducing bird fatality result-
ing from collisions with public buildings throughout 
all construction phases, taking into account the 
number of each such bird fatality that occurs at dif-
ferent types of public buildings.
1958 
‘‘(2) Methods and strategies for reducing bird 
fatality resulting from collisions with public build-
ings during the operation and maintenance of such 
buildings, including installing interior, exterior, and 
site lighting. 
‘‘(3) Best practices for reducing bird fatality re-
sulting from collisions with public buildings, includ-
ing— 
‘‘(A) a description of the reasons for 
adopting such practices; and 
‘‘(B) an explanation for the omission of a 
best practice identified pursuant to subsection 
(c). 
‘‘(c) IDENTIFYING BEST PRACTICES.—To carry out 
subsection (b)(3), the Administrator may identify best 
practices for reducing bird fatality resulting from colli-
sions with public buildings, including best practices rec-
ommended by— 
‘‘(1) Federal agencies with expertise in bird 
conservation; 
‘‘(2) nongovernmental organizations with exper-
tise in bird conservation; and 
‘‘(3) representatives of green building certifi-
cation systems.
1959 
‘‘(d) DISSEMINATION OF DESIGN GUIDE.—The Ad-
ministrator shall disseminate the design guide developed 
pursuant to subsection (b) to all Federal agencies, sub-
agencies, and departments with independent leasing au-
thority from the Administrator. 
‘‘(e) UPDATE
TO DESIGN GUIDE.—The Adminis-
trator shall, on a regular basis, update the design guide 
developed pursuant to subsection (b) with respect to the 
priorities of the Administrator for reducing bird fatality 
resulting from collisions with public buildings. 
‘‘(f) EXEMPT BUILDINGS.—This section shall not 
apply to— 
‘‘(1) any building or site listed, or eligible for 
listing, on the National Register of Historic Places; 
‘‘(2) the White House and the grounds of the 
White House; 
‘‘(3) the Supreme Court building and the 
grounds of the Supreme Court; or 
‘‘(4) the United States Capitol and any building 
on the grounds of the Capitol. 
‘‘(g) CERTIFICATION.—Not later than October 1 of 
each fiscal year, the Administrator, acting through the 
Commissioner, shall certify to Congress that the Adminis-
trator uses the design guide developed pursuant to sub-
1960 
section (b) for each public building described in subsection 
(a). 
‘‘(h) REPORT.—Not later than October 1 of each fis-
cal year, the Administrator shall submit to Congress a re-
port that includes— 
‘‘(1) the certification under subsection (g); and 
‘‘(2) to the extent practicable, the number of 
each such bird fatality that occurred as a result of 
a collision with the public buildings occupied by the 
respective head of each Federal agency.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 33 of title 40, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘3319. Use of bird-safe features, practices, and strategies in public buildings.’’. 
SEC. 40008. GAO STUDY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) mass transit and civilian airlines have an 
essential role in keeping the United States moving; 
(2) while the COVID–19 pandemic has dev-
astated the industry, transit agencies and companies 
are leading the way in implementing safety measures 
and exploring new technologies to protect essential 
workers who continue to rely on our bus and rail 
systems;
1961 
(3) Congress can support the transportation 
sector by authorizing a GAO study that would rec-
ommend specific safety measures to reduce exposure 
to the SARS–CoV–2 virus on mass transportation 
systems, as well as technologies that can assist with 
the implementation of such safety measures, includ-
ing technologies that facilitate large-scale sanitation 
and 
decontamination 
and 
encourage 
social 
distancing; and 
(4) implementation of such safety measures and 
technologies will help the transportation sector be 
more resilient in the face of future pandemics. 
(b) STUDY.—The Comptroller General of the United 
States shall carry out a study to— 
(1) research and recommend specific measures 
that civilian transit companies and agencies (includ-
ing rail, airlines, and buses) should implement to im-
prove the safety of passengers and crew; 
(2) research and recommend technologies being 
developed within and outside the United States Gov-
ernment, including the Department of Defense and 
National Aeronautics and Space Administration, 
that can be transitioned to the civilian transpor-
tation sector; and 
(3) study technologies that—
1962 
(A) provide an alternative to decontamina-
tion with chemical solutions which is labor in-
tensive, and has material compatibility and cor-
rosion concerns; 
(B) decontaminate crevices and hard to 
reach areas that can be missed with other tech-
nologies; 
(C) minimize personnel exposure to the 
contaminated aircraft to personnel required for 
set-up; and 
(D) allow timely decontamination (under 3 
hours) to return the bus, train, or aircraft to 
operational status. 
(c) REPORT.—Not later than 3 months after the date 
of enactment of this Act, the Comptroller General shall 
submit to Congress a report containing the results of the 
study required under subsection (b). 
SEC. 40009. LAND PORT OF ENTRY INFRASTRUCTURE MOD-
ERNIZATION. 
There is authorized to be appropriated from the gen-
eral fund of the Treasury for fiscal year 2021 
$100,000,000 to the Administrator of General Services for 
the necessary expenses for the construction, repair, up-
grades, and maintenance necessary to fulfill the backlog 
of port infrastructure improvement projects at land ports
1963 
of entry that experienced no less than 5 percent growth 
in total trade in the year of 2019, according to data pro-
duced by the Bureau of the Census. 
SEC. 40010. COLONIAS STATE OF GOOD REPAIR GRANT 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish a state of good repair surface transpor-
tation grant program to provide grants that increase the 
state of good repair for surface infrastructure in and 
around colonias. 
(b) ELIGIBLE ENTITIES.—The following entities are 
eligible to receive a grant under this section: 
(1) States. 
(2) Metropolitan planning organizations. 
(3) Units of local government. 
(4) Federal land management agencies. 
(5) Tribal governments. 
(c) COLONIA DEFINED.—In this section, the term 
‘‘colonia’’ means any identifiable community that— 
(1) is in the State of Arizona, California, New 
Mexico, or Texas; 
(2) is in the area of the United States within 
150 miles of the border between the United States 
and Mexico, except that the term does not include