Title: EV Freedom Act
Policy area: Energy

Summary:
Electric Vehicle Freedom Act or the EV Freedom Act
This bill requires the Department of Transportation to devise a plan to create a network of publicly available electric vehicle supply equipment along public roads that are part of the National Highway System.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9182 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9182

To establish a national network of electric vehicle charging stations, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 2022

 Mr. Levin of Michigan (for himself, Mr. Suozzi, Mr. Khanna, Ms. Blunt 
 Rochester, and Mr. Grijalva) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
the Committee on Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To establish a national network of electric vehicle charging stations, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electric Vehicle Freedom Act'' or 
the ``EV Freedom Act''.

SEC. 2. FINDINGS; PURPOSE; DEFINITIONS.

    (a) Findings.--Congress finds the following:
            (1) Electric vehicles will play an important role in 
        transitioning to a cleaner transportation system that protects 
        Americans' health and our planet. According to the United 
        States Department of Energy, electric vehicles ``produce fewer 
        emissions that contribute to climate change and smog than 
        conventional vehicles.''.
            (2) Electric vehicles are becoming more popular among 
        American consumers. United States sales of electric vehicles 
        increased 27 percent between 2016 and 2017, and 81 percent 
        between 2017 and 2018, achieving a record sales volume of 
        361,307 units.
            (3) Access to electric vehicle charging stations is 
        currently insufficient to meet consumer demand. According to 
        the National Renewable Energy Laboratory, ``two key areas of 
        needed improvement in actual vehicle charging are speed 
        (reducing battery charging times) and coverage (having adequate 
        and accessible charging stations)''.
            (4) Demand for publicly accessible electric vehicle 
        chargers is projected to grow. There are an estimated 41,878 
        publicly available electric vehicle direct current fast 
        charging stations (DC Fast and Level 2) with 101,296 charging 
        outlets available in the United States. A report released in 
        April 2021 by Lawrence Berkeley Labs at the University of 
        California-Berkley, estimated that the number of EV chargers 
        required to support the accelerated transition necessary to 
        meet GHG was 8.1 million public EV charge points by 2050.
            (5) In August 2020, cumulative U.S. plug-in electric 
        vehicle sales reached 1.6 million units. In February 2021, 
        53,247 electric vehicles were sold in the United States, a 
        64.8-percent increase from the electric vehicle sales in 
        February 2020.
            (6) However, China and the European Union are exceeding the 
        United States in the EV manufacturing sector. China is the 
        world leader in total EV production and total EV sales; 45 
        percent of global electric vehicles were built and sold in 
        China. China also already produces the global majority of 
        passenger EVs (60 percent) and is expected to produce 65 
        percent of global lithium-ion batteries by 2021. Currently, 
        China has 7 of the 10 largest lithium-ion mega-factories by 
        production capacity, while the United States only has one. 
        Europe accounted for 24 percent of the global EV fleet in 2018. 
        In order for the United States to remain a competitor in auto 
        manufacturing, the U.S. must greatly increase investment in the 
        infrastructure necessary for wide adoption of EVs.
            (7) Americans demand the freedom to roam with their 
        electric vehicle and convenient charging opportunities. 
        However, failure to expand access to publicly accessible 
        electric vehicle chargers will prevent the wider adoption of 
        electric vehicles and, therefore, hinder progress towards a 
        more sustainable transportation system. According to a study 
        produced by the Michigan Energy Office and Michigan State 
        University, ``limited charging infrastructure for electric 
        vehicles has been one of the main barriers in adopting these 
        vehicles''.
            (8) Expediting the wider adoption of electric vehicles will 
        require considerable changes to consumer behavior, which will 
        not be possible without the creation of necessary 
        infrastructure. According to a study produced by the 
        Transportation Research Board and National Research Council, 
        ``adoption and diffusion of new innovations can be a long-term, 
        complicated process that is especially slow for products that 
        cost tens of thousands of dollars and where consumers have 
        questions about infrastructure availability, resale value, and 
        other variables'', and ``a perception of a lack of public 
        charging infrastructure might hinder [plug-in electric vehicle] 
        deployment.''. Thus, greatly expanding access to publicly 
        accessible electric vehicle chargers will be essential to 
        changing consumer behavior radically and, accordingly, 
        accelerating the wider adoption of electric vehicles.
    (b) Purpose.--The purpose of this Act is to establish a network of 
electric vehicle charging stations along eligible roads so that the 
United States may lead the world in protecting the environment while 
improving consumer experiences. The implementation of this Act will 
encourage the widespread adoption of light-, medium-, and heavy-duty 
electric vehicles by--
            (1) establishing a convenient system of charging networks;
            (2) allowing drivers to charge vehicles more quickly; and
            (3) ensuring that vehicle charging is equitably accessible 
        and reasonably priced, enabling long-distance travel along 
        eligible roads.
    (c) Definitions.--In this Act:
            (1) Contractor.--The term ``contractor'' means a general 
        contractor or other lead or prime contractor on a project 
        described in subsection (e)(1).
            (2) Eligible road.--The term ``eligible road'' means a road 
        that--
                    (A) is part of the National Highway System (as such 
                term is defined in section 101 of title 23, United 
                States Code); and
                    (B) is a public road (as such term is defined in 
                section 101 of title 23, United States Code).
            (3) Frontline and vulnerable community.--The term 
        ``frontline and vulnerable community'' means a community--
                    (A) in an area described in section 301(a) of the 
                Public Works and Economic Development Act of 1965 (42 
                U.S.C. 3161(a)); and
                    (B) in which climate change, pollution, or 
                environmental destruction have exacerbated systemic 
                racial, regional, social, environmental, gender, and 
                economic injustices by disproportionately affecting 
                Black, Brown, and Indigenous peoples, other communities 
                of color, migrant communities, deindustrialized 
                communities, depopulated rural communities, the poor, 
                low-income workers, women, the elderly, the unhoused, 
                people with disability, or youth.
            (4) Publicly available evse.--
                    (A) In general.--The term ``publicly available 
                EVSE'' means electric vehicle supply equipment and any 
                associated parking spaces designated by the property 
                owner or lessee to be available to, and accessible by, 
                the public for any period of time, including electric 
                vehicle supply equipment and associated parking spaces 
                if any member of the public can obtain vehicular access 
                to the facility for free or through payment of a fee.
                    (B) Exclusion.--The term ``publicly available 
                EVSE'' does not include--
                            (i) electric vehicle supply equipment and 
                        any associated parking spaces in a workplace if 
                        the electric vehicle supply equipment and 
                        associated parking spaces are clearly marked 
                        and operated as available exclusively to 
                        employees or contracted drivers; and
                            (ii) electric vehicle supply equipment and 
                        any associated parking spaces that are locked 
                        behind gates, walls or obstructed in any manner 
                        to prevent a driver from charging their vehicle 
                        at a reasonable cost.
            (5) Qualified electrician.--The term ``qualified 
        electrician'' means an electrician who has completed training 
        under the Electric Vehicle Infrastructure Training Program and 
        holds a current and valid Electric Vehicle Infrastructure 
        Training Program certification.
            (6) Renewable energy source.--The term ``renewable energy 
        source'' means a renewable source of generated energy, 
        including the following:
                    (A) Solar, including electricity.
                    (B) Wind.
                    (C) Ocean, including tidal, wave, current, and 
                thermal.
                    (D) Geothermal, including electricity and heat 
                pumps.
                    (E) New hydroelectric generation capacity achieved 
                from increased efficiency or additions of new 
                capacity--
                            (i) at an existing hydroelectric project; 
                        and
                            (ii) that was placed in service on or after 
                        January 1, 1999.
                    (F) Hydrogen used in fuel cells or other non-
                combustion technologies.
                    (G) Thermal energy generated by any of the sources 
                described in subparagraphs (A) through (F).
            (7) Subcontractor.--The term ``subcontractor'' means any 
        person or company, at any tier, that performs some or all of 
        the obligations of the contractor on a project described in 
        subsection (e)(1).

SEC. 3. NATIONAL NETWORK OF ELECTRIC VEHICLE CHARGING STATIONS ALONG 
              ELIGIBLE ROADS.

    (a) Plan.--The Secretary of Transportation, in coordination with 
the Secretary of Energy, shall devise a plan to create a network of 
publicly available EVSE along eligible roads.
    (b) Submission.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation, in coordination with the 
Secretary of Energy, shall submit the plan to the Speaker of the House 
of Representatives, the minority leader of the House of 
Representatives, the majority leader of the Senate, the minority leader 
of the Senate, and the chairs and ranking members of--
            (1) the Committee on Transportation and Infrastructure of 
        the House of Representatives;
            (2) the Committee on Environment and Public Works of the 
        Senate;
            (3) the Subcommittee on Transportation, Housing and Urban 
        Development, and Related Agencies of the Committee on 
        Appropriations of the House of Representatives; and
            (4) the Subcommittee on Transportation, Housing and Urban 
        Development, and Related Agencies of the Committee on 
        Appropriations of the Senate.
    (c) Considerations.--The Secretary of Transportation, in 
coordination with the Secretary of Energy, shall consider the following 
in developing the plan:
            (1) The distance between publicly available EVSE locations.
            (2) Connections to the electric grid, including electric 
        distribution upgrades that account for charging during peaking 
        periods, alignment with electric distribution interconnection 
        processes, and plans for the use of renewable energy sources to 
        power charging and energy storage.
            (3) The ability to incorporate technologies not yet 
        invented or technically feasible, or infrastructure that can 
        allow the addition of new capabilities and functionalities as 
        they become available.
            (4) The number of publicly available EVSE locations needed 
        in the network and the number of charging stations at each 
        publicly available EVSE location, accounting for dense 
        corridors where multiple stations or a greater number of 
        charging ports at the location are necessary and for rural 
        corridors where special considerations will need to be made for 
        less dense corridors that will still require publicly available 
        EVSE placement.
            (5) The placement of publicly available EVSE within parking 
        facilities and other locations, including recommendations for 
        promoting efficient dwell times based on best practices.
            (6) The availability of onsite amenities for vehicle 
        operators, including restrooms or food facilities.
            (7) The long-term operation and maintenance of publicly 
        available EVSE, including consideration of the need for 
        expanded capacity resulting from increasing demand into the 
        future, to avoid stranded assets and protect the investment of 
        public funds in that infrastructure.
            (8) A maximum distance for publicly available EVSE 
        placement off of eligible roads.
            (9) Existing private as well as national, State, local, 
        Tribal, and territorial government electric charging 
        infrastructure incentives and programs, including alternative 
        fueling corridor networks.
            (10) Existing labor or labor-management organizations that 
        promote a skilled workforce to install publicly available EVSE 
        with high standards for quality and safety.
            (11) Pricing transparency and payment options that 
        encourages a consistent, reliable, secure, convenient and equal 
        access consumer charging and payment experience to all members 
        of the public.
            (12) Publicly available EVSE placement and construction in 
        or near frontline and vulnerable communities, provided such 
        placements benefit such communities and does not harm or 
        displace community members.
            (13) Adequate signage for users to identify publicly 
        available EVSE that ensures uniformity in providing road users 
        direction to publicly available EVSE locations.
            (14) Existing EVSE investments, proposal or projects that 
        are complementary towards the deployment of publicly available 
        EVSE under this Act are not precluded by plan development.
    (d) Consultations.--In developing the plan, the Secretary of 
Transportation, in coordination with the Secretary of Energy, shall 
consult with stakeholders, including the following:
            (1) Federal partners, including the Secretary of the 
        Interior and the Administrator of the Environmental Protection 
        Agency.
            (2) State, local, Tribal, and territorial governments, 
        including State air quality and utility regulators.
            (3) Metropolitan planning organizations.
            (4) Unionized labor groups.
            (5) Environmental and environmental justice organizations.
            (6) Automobile and truck manufacturers.
            (7) Electric utilities.
            (8) Infrastructure providers.
            (9) Technology providers.
            (10) Software and network services providers.
            (11) Infrastructure construction and component parts 
        suppliers.
            (12) Multi-State and regional entities.
            (13) Fuel station owners and operators.
            (14) Fleet owners.
            (15) Fleet managers.
            (16) Other relevant stakeholders as identified by the 
        Secretary of Transportation.

SEC. 4. TRANSPORTATION RESEARCH BOARD REPORT ON FINANCING THE PLACEMENT 
              OF ELECTRIC VEHICLE CHARGERS.

    (a) In General.--The Secretary of Transportation shall commission 
the Transportation Research Board of the National Academy of Sciences 
to conduct a study on options for financing the placement of publicly 
available EVSE along eligible roads that includes consideration of 
financial instruments, such as a revolving loan fund.
    (b) Deadline.--The Secretary shall submit to Congress the study 
commissioned under subsection (a) not later than 2 years after the date 
of enactment of this Act.

SEC. 5. ESTABLISHMENT OF NETWORK OF ELECTRIC VEHICLE CHARGERS ALONG 
              ELIGIBLE ROADS.

    (a) Plan Implementation.--Not later than 5 years after the date of 
enactment of this Act, using the plan developed pursuant to section 3 
and the recommendations in the report described in section 4, the 
Secretary of Transportation and the Secretary of Energy shall complete 
the establishment of a national network of publicly available EVSE.
    (b) Consultations.--In implementing the plan, the Secretary of 
Transportation, in coordination with the Secretary of Energy, shall 
consult with stakeholders, including the following:
            (1) Federal partners, including the Secretary of the 
        Interior and the Administrator of the Environmental Protection 
        Agency.
            (2) State, local, Tribal, and territorial governments, 
        including state air quality and utility regulators.
            (3) Metropolitan planning organizations.
            (4) Unionized labor groups.
            (5) Environmental and environmental justice organizations.
            (6) Automobile and truck manufacturers.
            (7) Electric utilities.
            (8) Infrastructure providers.
            (9) Technology providers.
            (10) Software and network services providers.
            (11) Infrastructure construction and component parts 
        suppliers.
            (12) Multi-State and regional entities.
            (13) Fuel station owners and operators.
            (14) Fleet owners.
            (15) Fleet managers.
            (16) Other relevant stakeholders as identified by the 
        Secretary of Energy and Secretary of Transportation.
    (c) Grant Program.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        establish a competitive grant program to award grants to 
        eligible entities to implement the plan developed in section 3 
        of this Act.
            (2) Applications.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Secretary of Transportation an application at such time, in 
        such manner, and containing such information as the Secretary 
        of Transportation shall require.
            (3) Priority.--In selecting grant recipients, the Secretary 
        of Transportation shall give priority to--
                    (A) applications consistent with the plan developed 
                pursuant to section 3 of this Act;
                    (B) applications located in or near--
                            (i) a frontline and vulnerable community; 
                        or
                            (ii) an area identified as having 
                        disproportionately high adverse human health 
                        and environmental impacts on minority 
                        populations and low-income populations; and
                    (C) applications that specify priority employment 
                of workforce trained and certified by labor or joint 
                labor-management organizations that promote a skilled 
                workforce to install publicly available EVSE with high 
                standards for quality and safety.
            (4) Use of funds.--An entity receiving a grant under this 
        subsection shall only use the funds in accordance with this 
        paragraph to contract with a private entity for acquisition and 
        installation of publicly available EVSE that is directly 
        related to the charging of light-, medium-, and heavy-duty 
        vehicles.
            (5) Frontline, vulnerable, and disadvantaged communities.--
        Of the total amounts made available to carry out the program 
        for each fiscal year under this subsection, not less than 50 
        percent shall be used for eligible projects located in 
        frontline, vulnerable, and disadvantaged communities.
            (6) Eligible entity defined.--In this subsection, the term 
        ``eligible entity'' means--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a transit agency;
                    (D) a port authority;
                    (E) an Indian tribe (as such term is defined in 
                section 4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 5304));
                    (F) a for-profit business enterprise or non-profit 
                organization; and
                    (G) a group of entities described in subparagraphs 
                (A) through (F).
    (d) Requirements.--The following requirements apply with respect to 
the construction of new publicily available EVSE along eligible roads:
            (1) Charging infrastructure placement.--The distance 
        between publicly available EVSE shall be such that--
                    (A) a light-, medium-, and heavy-duty electric 
                vehicle driver starting at any point along an eligible 
                road in the continental United States can drive to any 
                other point along an eligible road within the 
                continental United States without running out of 
                charging power; and
                    (B) a light-, medium-, and heavy-duty electric 
                vehicle driver starting at any point along an eligible 
                road within Hawaii, Alaska, or Puerto Rico can drive to 
                any other point along an eligible within that same 
                State or territory without running out of charging 
                power.
            (2) Charging speed.--
                    (A) In general.--Charging speed minimum standards 
                maybe set by the Secretary of Transportation and 
                evaluated every 2 years until the feasible speed of 
                charging standard meets or exceeds the equivalency of 
                average internal combustion vehicle refueling times.
                    (B) Update.--The Secretary of Transportation may 
                update the minimum standards set under paragraph (1) 
                after an evaluation described in such subparagraph. In 
                evaluating and developing updates to the minimum 
                standards set under paragraph (1), the Secretary of 
                Transportation and the Secretary of Energy shall also 
                consider how updated minimum standards--
                            (i) impact the electric grid;
                            (ii) impact the cost to operate a charging 
                        station; and
                            (iii) other criteria as determined by the 
                        Secretary of Transportation and Secretary of 
                        Energy.
            (3) Interoperability.--Federal funds provided by this Act 
        may not be used to construct any publicly available EVSE that 
        has the ability to serve vehicle produced by only one vehicle 
        manufacturer.
            (4) Agreement to maintain.--Each recipient of support under 
        this section shall enter into an agreement with the Secretary 
        to maintain the publicly available EVSE for not less than 5 
        years after the date on which the eligible entity receive 
        support.
            (5) Payment methods.--Payment methods are implemented that 
        ensure secure, convenient, fair, and equal access, such as with 
        credit card readers and the display of toll-free calling 
        information for credit card payment or support, as well as the 
        protection of personal privacy and cybersecurity.
            (6) Provision of information.--Information on publicly 
        available EVSE location, station operator contact information, 
        number of simultaneous refueling positions, pricing, and real-
        time availability shall be made publicly available and easily 
        accessible, including through applicable mapping applications.
            (7) ADA.--Publicly available EVSE shall be accessible in 
        compliance with the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.).
            (8) Buy america and wage requirements.--
                    (A) Buy america.--The construction of publicly 
                available EVSE shall prioritize the need for high 
                domestic content by observing the following Buy America 
                provisions:
                            (i) None of the funds appropriated or 
                        otherwise made available by this Act may be 
                        used for a project for the construction, 
                        alteration, maintenance, or repair of publicly 
                        available EVSE unless all of the iron, steel, 
                        and manufactured goods used in the project are 
                        produced in the United States.
                            (ii) Clause (i) shall not apply in any case 
                        or category of cases in which the head of the 
                        Federal department or agency involved finds 
                        that--
                                    (I) applying clause (i) would be 
                                inconsistent with the public interest;
                                    (II) iron, steel, and the relevant 
                                manufactured goods are not produced in 
                                the United States in sufficient and 
                                reasonably available quantities and of 
                                a satisfactory quality; or
                                    (III) inclusion of iron, steel, and 
                                manufactured goods produced in the 
                                United States will increase the cost of 
                                an overall project by more than 25 
                                percent.
                            (iii) If the head of a Federal department 
                        or agency determines that it is necessary to 
                        waive the application of this subparagraph 
                        based on a finding under subparagraph (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.
                            (iv) This paragraph shall be applied in a 
                        manner consistent with United States 
                        obligations under international agreements.
                    (B) Wage rate requirement.--The Secretary of 
                Transportation and the Secretary of Energy shall 
                require that each recipient of support under this 
                section provide reasonable assurance that all laborers 
                and mechanics employed in the performance of the 
                project for which the assistance is provided, including 
                those employed by contractors, subcontractors, or 
                manufacturers of publicly available EVSE, will 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 as the ``Davis-Bacon 
                Act'').
                    (C) Neutrality toward organized labor.--All 
                contractors and subcontractors in the performance of a 
                project receiving support under this Act shall have--
                            (i) an explicit policy of neutrality with 
                        regard to--
                                    (I) labor organizing for the 
                                employees of the entity, contractor or 
                                subcontractor employed in the 
                                performance of the eligible project; 
                                and
                                    (II) such employees' choice to form 
                                and join labor organizations; and
                            (ii) policies that require--
                                    (I) the posting and maintenance of 
                                notices in the workplace to such 
                                employees of their rights under the 
                                National Labor Relations Act (29 U.S.C. 
                                151 et seq.); and
                                    (II) that such employees are, at 
                                the beginning of their employment in 
                                the performance of the eligible 
                                project, provided notice and 
                                information regarding the employees' 
                                rights under such Act.
                    (D) Preference for local hiring.--The contractor or 
                subcontractor shall have explicit policies that provide 
                a preference for local hiring, consistent with 
                applicable Federal law and subject to rules issued by 
                the Secretary of Labor.
                    (E) Employee classification.--All contractors and 
                subcontractors in the performance of a project 
                receiving support under this Act, shall consider an 
                individual performing any service in such performance 
                as an employee (and not an independent contractor) of 
                the entity, contractor, or subcontractor, respectively, 
                unless--
                            (i) the individual is free from control and 
                        direction in connection with the performance of 
                        the service, both under the contract for the 
                        performance of the service and in fact;
                            (ii) the service is performed outside the 
                        usual course of the business of the entity, 
                        contractor, or subcontractor, respectively; and
                            (iii) the individual is customarily engaged 
                        in an independently established trade, 
                        occupation, profession, or business of the same 
                        nature as that involved in such service.
    (e) Utilization of Qualified Electricians on Electric Charging 
Infrastructure.--
            (1) Requirement.--All construction and placement work of 
        publicly available EVSE assisted, in whole or in part, under 
        this Act shall be performed entirely by qualified electricians.
            (2) Reporting.--
                    (A) In general.--Prior to commencing work on a 
                publicly available EVSE project described in subsection 
                (e)(1), the contractor shall certify to the recipient 
                of assistance that the contractor and all its 
                subcontractors shall comply with the requirements of 
                this subsection.
                    (B) Periodic reporting.--While the project is 
                ongoing, the contractor shall submit to the recipient 
                of assistance periodic reports listing the location of 
                the project, name of each qualified electrician on the 
                project and the electrician's Electric Vehicle 
                Infrastructure Training Program certification number.
                    (C) Maintenance of records.--The contractor and 
                subcontractors shall maintain all personnel records 
                relating to the requirements of this paragraph for a 
                period of at least 3 years after final completion of 
                the work.
                    (D) Submission to secretary.--The contractor shall 
                immediately submit, upon request by the Secretary of 
                Transportation or Secretary of Energy, the documents 
                described in this paragraph.
                    (E) False or misleading information.--If a 
                recipient of assistance, Secretary of Transportation, 
                or Secretary of Energy determines that any of the 
                information described in this paragraph contains false 
                or misleading information that was provided knowingly 
                or with reckless disregard for the truth, or omits 
                information that was omitted knowingly or with reckless 
                disregard of the truth, the contractor or subcontractor 
                for which the information was submitted shall be 
                prohibited from performing work on projects described 
                in subsection (e)(1) for a period of five years, and 
                shall be further subject to penalties and sanctions, 
                including contract termination.
                    (F) Misrepresentation or omission.--Any 
                misrepresentation or omission included in the reporting 
                required by this paragraph shall constitute a false 
                record or statement material to a false or fraudulent 
                claim for purposes of subchapter III of chapter 37 of 
                title 31, U.S. Code.
            (3) Enforcement.--
                    (A) In general.--If a recipient of assistance 
                determines, upon receipt of a complaint or its own 
                initiative, that a project described in subsection 
                (e)(1) is not being carried out in accordance with the 
                requirements of this subsection, the recipient shall 
                withhold from or require the payment by the contractor 
                of a penalty, in the amount of not less than $5,000 but 
                not more than $10,000, depending on the severity of the 
                violation and the compliance history of the contractor. 
                Such violations shall be grounds for contract 
                termination.
                    (B) Liability.--Contractors shall be jointly and 
                severally liable for any violation committed by a 
                subcontractor under this subsection.
                    (C) Prohibition.--Contractors and subcontractors 
                that violate this subsection shall be prohibited from 
                performing work on projects described in subsection 
                (e)(1) for a period of 5 years.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated--
            (1) for carrying out section 3, such sums as may be 
        necessary, to be available until expended;
            (2) for carrying out section 4, such sums as may be 
        necessary, to be available until expended; and
            (3) for carrying out section 5, such sums as may be 
        necessary, to be available until expended.
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