#aafth ,,congress #b;d ,session ,h4 ,r4 #b ,,an ,,act ,to authorize funds for ,federal-aid highways1 highway safety programs1 and transit programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,moving ,forward ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,references4 ,division ,a--,federal ,surface ,transportation ,programs for ,fiscal ,year #bjba ,sec4 #ajj4 ,short title4 ,sec4 #aja4 ,extension of ,federal surface transportation programs4 ,sec4 #ajb4 ,federal ,highway ,administration4 ,sec4 #ajc4 ,federal ,transit ,administration4 ,sec4 #ajd4 ,national ,highway ,traffic ,safety ,administration4 ,sec4 #aje4 ,federal ,motor ,carrier ,safety ,administration4 ,sec4 #ajf4 ,high priority corridors on ,national ,highway ,system4 ,sec4 #ajg4 ,definitions4 ,sec4 #ajh4 ,accessibility of public transportation for residents of areas of concentrated poverty4 ,division ,b--,surface ,transportation ,sec4 #ajja4 ,applicability of division4 ,title ,i--,federal-,aid ,highways ,subtitle ,a--,authorizations and ,program ,conditions ,sec4 #aaja4 ,authorization of appropriations4 ,sec4 #aajb4 ,obligation limitation4 ,sec4 #aajc4 ,definitions and declaration of policy4 ,sec4 #aajd4 ,apportionment4 ,sec4 #aaje4 ,additional deposits into ,highway ,trust ,fund4 ,sec4 #aajf4 ,transparency4 ,sec4 #aajg4 ,complete and context sensitive street design4 ,sec4 #aajh4 ,innovative project delivery ,federal share4 ,sec4 #aaji4 ,transferability of ,federal-aid highway funds4 ,sec4 #aaaj4 ,tolling4 ,sec4 #aaaa4 ,,hov facilities4 ,sec4 #aaab4 ,buy ,america4 ,sec4 #aaac4 ,federal-aid highway project requirements4 ,sec4 #aaad4 ,state assumption of responsibility for categorical exclusions4 ,sec4 #aaae4 ,surface transportation project delivery program written agreements4 ,sec4 #aaaf4 ,corrosion prevention for bridges4 ,sec4 #aaag4 ,sense of ,congress4 ,sec4 #aaah4 ,additional support to rebuild rural communities4 ,sec4 #aaai4 ,federal grants for pedestrian and bike safety improvements4 ,subtitle ,b--,programmatic ,infrastructure ,investment ,sec4 #abja4 ,national highway performance program4 ,sec4 #abjb4 ,increasing the resilience of transportation assets4 ,sec4 #abjc4 ,emergency relief4 ,sec4 #abjd4 ,railway crossings4 ,sec4 #abje4 ,surface transportation program4 ,sec4 #abjf4 ,transportation alternatives program4 ,sec4 #abjg4 ,bridge investment4 ,sec4 #abjh4 ,construction of ferry boats and ferry terminal facilities4 ,sec4 #abji4 ,highway safety improvement program4 ,sec4 #abaj4 ,congestion mitigation and air quality improvement program4 ,sec4 #abaa4 ,electric vehicle charging stations4 ,sec4 #abab4 ,national highway freight program4 ,sec4 #abac4 ,carbon pollution reduction4 ,sec4 #abad4 ,recreational trails4 ,sec4 #abae4 ,safe routes to school program4 ,sec4 #abaf4 ,bicycle transportation and pedestrian walkways4 ,sec4 #abag4 ,noise barriers4 ,subtitle ,c--,project-,level ,investments ,sec4 #acja4 ,projects of national and regional significance4 ,sec4 #acjb4 ,community transportation investment grant program4 ,sec4 #acjc4 ,grants for charging and fueling infrastructure to modernize and reconnect ,america for the #bast century4 ,sec4 #acjd4 ,community climate innovation grants4 ,sec4 #acje4 ,metro performance program4 ,sec4 #acjf4 ,gridlock reduction grant program4 ,sec4 #acjg4 ,rebuild rural grant program4 ,sec4 #acjh4 ,parking for commercial motor vehicles4 ,sec4 #acji4 ,active transportation connectivity grant program4 ,subtitle ,d--,planning1 ,performance ,management1 and ,asset ,management ,sec4 #adja4 ,metropolitan transportation planning4 ,sec4 #adjb4 ,statewide and nonmetropolitan transportation planning4 ,sec4 #adjc4 ,national goals and performance management measures4 ,sec4 #adjd4 ,transportation demand data and modeling study4 ,sec4 #adje4 ,fiscal constraint on long-range transportation plans4 ,subtitle ,e--,federal ,lands1 ,tribes1 and ,territories ,sec4 #aeja4 ,territorial and ,puerto ,rico highway program4 ,sec4 #aejb4 ,tribal transportation program4 ,sec4 #aejc4 ,tribal ,high ,priority ,projects program4 ,sec4 #aejd4 ,federal lands transportation program4 ,sec4 #aeje4 ,federal lands and ,tribal major projects program4 ,sec4 #aejf4 ,office of ,tribal ,government ,affairs4 ,sec4 #aejg4 ,alternative contracting methods4 ,sec4 #aejh4 ,divestiture of federally owned bridges4 ,sec4 #aeji4 ,study on ,federal funding available to ,indian ,tribes4 ,sec4 #aeaj4 ,,gao study4 ,subtitle ,f--,additional ,provisions ,sec4 #afja4 ,vision zero4 ,sec4 #afjb4 ,speed limits4 ,sec4 #afjc4 ,broadband infrastructure deployment4 ,sec4 #afjd4 ,stormwater best management practices4 ,sec4 #afje4 ,pedestrian facilities in the public right-of-way4 ,sec4 #afjf4 ,highway formula modernization report4 ,sec4 #afjg4 ,consolidation of programs4 ,sec4 #afjh4 ,student outreach report to ,congress4 ,sec4 #afji4 ,task force on developing a #bast century surface transportation workforce4 ,sec4 #afaj4 ,on-the-job training and supportive services4 ,sec4 #afaa4 ,appalachian development highway system funding flexibility4 ,sec4 #afab4 ,transportation education development program4 ,sec4 #afac4 ,working group on construction resources4 ,sec4 #afad4 ,numbering system of highway interchanges4 ,sec4 #afae4 ,toll credits4 ,sec4 #afaf4 ,transportation construction materials procurement4 ,sec4 #afag4 ,construction of certain access and development roads4 ,sec4 #afah4 ,nationwide road safety assessment4 ,sec4 #afai4 ,wildlife crossings4 ,sec4 #afbj4 ,climate resilient transportation infrastructure study4 ,sec4 #afba4 ,elimination of duplication of environmental reviews and approvals4 ,sec4 #afbb4 ,,amber ,alerts along major transportation routes4 ,sec4 #afbc4 ,natural gas1 electric battery1 and zero emission vehicles4 ,sec4 #afbd4 ,guidance on evacuation routes4 ,sec4 #afbe4 ,high priority corridors on ,national ,highway ,system4 ,sec4 #afbf4 ,guidance on inundated and submerged roads4 ,sec4 #afbg4 ,use of revenues4 ,sec4 #afbh4 ,dry bulk weight tolerance4 ,sec4 #afbi4 ,highway use tax evasion projects4 ,sec4 #afcj4 ,the ,united ,states opposes child labor4 ,sec4 #afca4 ,report on ,,covid-related funding for aviation sector4 ,sec4 #afcb4 ,climate resiliency report by ,,gao4 ,sec4 #afcc4 ,aviation industry assistance for cleaner and quieter skies voucher program4 ,sec4 #afcd4 ,airborne ultrafine particle study4 ,sec4 #afce4 ,study on colonias4 ,sec4 #afcf4 ,,gao study on capital needs of public ferries4 ,sec4 #afcg4 ,use of modeling and simulation technology4 ,sec4 #afch4 ,,gao study on per-mile user fee equity4 ,sec4 #afci4 ,,gao review of equity considerations at state ,d,o,ts4 ,sec4 #afdj4 ,study on effectiveness of suicide prevention nets and barriers for structures other than bridges4 ,sec4 #afda4 ,comptroller ,general study on national ,,dui reporting4 ,sec4 #afdb4 ,future interstate designation and operation4 ,title ,,ii--,public ,transportation ,subtitle ,a--,federal ,transit ,administration ,sec4 #baja4 ,authorizations4 ,sec4 #bajb4 ,chapter #ec definitions4 ,sec4 #bajc4 ,general provisions4 ,sec4 #bajd4 ,miscellaneous provisions4 ,sec4 #baje4 ,policies and purposes4 ,sec4 #bajf4 ,fiscal year #bjbb formulas4 ,sec4 #bajg4 ,metropolitan transportation planning4 ,sec4 #bajh4 ,statewide and nonmetropolitan transportation planning4 ,sec4 #baji4 ,obligation limitation4 ,sec4 #baaj4 ,public transportation emergency relief funds4 ,sec4 #baaa4 ,certification requirements4 ,sec4 #baab4 ,hold harmless4 ,subtitle ,b--,improving ,frequency and ,ridership ,sec4 #bbja4 ,multi-jurisdictional bus frequency and ridership competitive grants4 ,sec4 #bbjb4 ,incentivizing frequency in the urban formula4 ,sec4 #bbjc4 ,mobility innovation4 ,sec4 #bbjd4 ,formula grants for rural areas4 ,sec4 #bbje4 ,one-stop paratransit program4 ,subtitle ,c--,buy ,america and ,other ,procurement ,reforms ,sec4 #bcja4 ,buy ,america4 ,sec4 #bcjb4 ,bus procurement streamlining4 ,sec4 #bcjc4 ,bus testing facility4 ,sec4 #bcjd4 ,repayment requirement4 ,sec4 #bcje4 ,definition of urbanized areas following a major disaster4 ,sec4 #bcjf4 ,special rule for certain rolling stock procurements4 ,sec4 #bcjg4 ,certification requirements4 ,sec4 #bcjh4 ,spare ratio waiver4 ,subtitle ,d--,bus ,grant ,reforms ,sec4 #bdja4 ,formula grants for buses4 ,sec4 #bdjb4 ,bus facilities and fleet expansion competitive grants4 ,sec4 #bdjc4 ,zero emission bus grants4 ,sec4 #bdjd4 ,restoration to state of good repair formula subgrant4 ,subtitle ,e--,supporting ,all ,riders ,sec4 #beja4 ,low-income urban formula funds4 ,sec4 #bejb4 ,rural persistent poverty formula4 ,sec4 #bejc4 ,demonstration grants to support reduced fare transit4 ,subtitle ,f--,supporting ,frontline ,workers and ,passenger ,safety ,sec4 #bfja4 ,national transit frontline workforce training center4 ,sec4 #bfjb4 ,public transportation safety program4 ,sec4 #bfjc4 ,innovation workforce standards4 ,sec4 #bfjd4 ,safety performance measures and set asides4 ,sec4 #bfje4 ,u4,s4 ,employment ,plan4 ,sec4 #bfjf4 ,technical assistance and workforce development4 ,subtitle ,g--,transit-,supportive ,communities ,sec4 #bgja4 ,transit-supportive communities4 ,sec4 #bgjb4 ,property disposition for affordable housing4 ,sec4 #bgjc4 ,affordable housing incentives in capital investment grants4 ,subtitle ,h--,innovation ,sec4 #bhja4 ,mobility innovation sandbox program4 ,sec4 #bhjb4 ,transit bus operator compartment redesign program4 ,sec4 #bhjc4 ,federal ,transit ,administration ,every ,day ,counts initiative4 ,sec4 #bhjd4 ,technical corrections4 ,sec4 #bhje4 ,national advanced technology transit bus development program4 ,sec4 #bhjf4 ,public transportation innovation4 ,subtitle ,i--,other ,program ,reauthorizations ,sec4 #bija4 ,reauthorization for capital and preventive maintenance projects for ,washington ,metropolitan ,area ,transit ,authority4 ,sec4 #bijb4 ,other apportionments4 ,subtitle ,j--,streamlining ,sec4 #biaa4 ,fixed guideway capital investment grants4 ,sec4 #biab4 ,rural and small urban apportionment deadline4 ,sec4 #biac4 ,disposition of assets beyond useful life4 ,sec4 #biad4 ,innovative coordinated access and mobility4 ,sec4 #biae4 ,passenger ferry grants4 ,sec4 #biaf4 ,evaluation of benefits and ,federal investment4 ,sec4 #biag4 ,best practices for the application of ,national ,environmental ,policy ,act of #aifi to federally funded bus shelters4 ,title ,,iii--,highway ,traffic ,safety ,sec4 #cjja4 ,authorization of appropriations4 ,sec4 #cjjb4 ,highway safety programs4 ,sec4 #cjjc4 ,traffic safety enforcement grants4 ,sec4 #cjjd4 ,highway safety research and development4 ,sec4 #cjje4 ,grant program to prohibit racial profiling4 ,sec4 #cjjf4 ,high-visibility enforcement program4 ,sec4 #cjjg4 ,national priority safety programs4 ,sec4 #cjjh4 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence4 ,sec4 #cjji4 ,national priority safety program grant eligibility4 ,sec4 #cjaj4 ,implicit bias research and training grants4 ,sec4 #cjaa4 ,stop motorcycle checkpoint funding4 ,sec4 #cjab4 ,electronic driver's license4 ,sec4 #cjac4 ,motorcyclist ,advisory ,council4 ,sec4 #cjad4 ,report on marijuana research4 ,title ,,iv--,motor ,carrier ,safety ,subtitle ,a--,motor ,carrier ,safety ,grants1 ,operations1 and ,programs ,sec4 #daja4 ,motor carrier safety grants4 ,sec4 #dajb4 ,motor carrier safety operations and programs4 ,sec4 #dajc4 ,immobilization grant program4 ,sec4 #dajd4 ,operation of small commercial vehicles study4 ,subtitle ,b--,motor ,carrier ,safety ,oversight ,sec4 #dbja4 ,motor carrier safety advisory committee4 ,sec4 #dbjb4 ,compliance1 safety1 accountability4 ,sec4 #dbjc4 ,terms and conditions for exemptions4 ,sec4 #dbjd4 ,safety fitness of motor carriers of passengers4 ,sec4 #dbje4 ,providers of recreational activities4 ,sec4 #dbjf4 ,amendments to regulations relating to transportation of household goods in interstate commerce4 ,subtitle ,c--,commercial ,motor ,vehicle ,driver ,safety ,sec4 #dcja4 ,commercial driver's license for passenger carriers4 ,sec4 #dcjb4 ,alcohol and controlled substances testing4 ,sec4 #dcjc4 ,entry-level driver training4 ,sec4 #dcjd4 ,driver detention time4 ,sec4 #dcje4 ,truck ,leasing ,task ,force4 ,sec4 #dcjf4 ,hours of service4 ,sec4 #dcjg4 ,driver recruitment4 ,sec4 #dcjh4 ,screening for obstructive sleep apnea4 ,sec4 #dcji4 ,women of ,trucking ,advisory ,board4 ,sec4 #dcaj4 ,application of commercial motor vehicle safety4 ,subtitle ,d--,commercial ,motor ,vehicle and ,schoolbus ,safety ,sec4 #ddja4 ,schoolbus safety standards4 ,sec4 #ddjb4 ,illegal passing of schoolbuses4 ,sec4 #ddjc4 ,state inspection of passenger-carrying commercial motor vehicles4 ,sec4 #ddjd4 ,automatic emergency braking4 ,sec4 #ddje4 ,underride protection4 ,sec4 #ddjf4 ,transportation of horses4 ,sec4 #ddjg4 ,additional ,state authority4 ,sec4 #ddjh4 ,updating the required amount of insurance for commercial motor vehicles4 ,title ,v--,innovation ,sec4 #ejja4 ,authorization of appropriations4 ,subtitle ,a--,research and ,development ,sec4 #eaja4 ,highway research and development program4 ,sec4 #eajb4 ,materials to reduce greenhouse gas emissions program4 ,sec4 #eajc4 ,transportation research and development #e-year strategic plan4 ,sec4 #eajd4 ,university transportation centers program4 ,sec4 #eaje4 ,unsolicited research initiative4 ,sec4 #eajf4 ,national cooperative multimodal freight transportation research program4 ,sec4 #eajg4 ,wildlife-vehicle collision reduction and habitat connectivity improvement4 ,sec4 #eajh4 ,research activities4 ,sec4 #eaji4 ,innovative material innovation hubs4 ,sec4 #eaaj4 ,strategic transportation research agenda4 ,sec4 #eaaa4 ,advanced transportation research and innovation program4 ,sec4 #eaab4 ,interagency innovative materials standards task force4 ,sec4 #eaac4 ,transportation equity research program4 ,subtitle ,b--,technology ,deployment ,sec4 #ebja4 ,technology and innovation deployment program4 ,sec4 #ebjb4 ,accelerated implementation and deployment of pavement technologies4 ,sec4 #ebjc4 ,federal ,highway ,administration ,every ,day ,counts initiative4 ,subtitle ,c--,emerging ,technologies ,sec4 #ecja4 ,safe1 efficient mobility through advanced technologies4 ,sec4 #ecjb4 ,intelligent transportation systems program4 ,sec4 #ecjc4 ,national highly automated vehicle and mobility innovation clearinghouse4 ,sec4 #ecjd4 ,study on safe interactions between automated vehicles and road users4 ,sec4 #ecje4 ,nontraditional and ,emerging ,transportation ,technology ,council4 ,sec4 #ecjf4 ,hyperloop transportation4 ,sec4 #ecjg4 ,surface transportation workforce retraining grant program4 ,sec4 #ecjh4 ,third-party data integration pilot program4 ,sec4 #ecji4 ,third-party data planning integration pilot program4 ,sec4 #ecaj4 ,multimodal transportation demonstration program4 ,sec4 #ecaa4 ,automated ,commercial ,vehicle ,reporting4 ,subtitle ,d--,surface ,transportation ,funding ,pilot ,programs ,sec4 #edja4 ,state surface transportation system funding pilots4 ,sec4 #edjb4 ,national surface transportation system funding pilot4 ,subtitle ,e--,miscellaneous ,sec4 #eeja4 ,ergonomic seating working group4 ,sec4 #eejb4 ,repeal of section #fcad of title #di1 ,united ,states ,code4 ,sec4 #eejc4 ,transportation workforce outreach program4 ,sec4 #eejd4 ,advisory council on transportation statistics4 ,sec4 #eeje4 ,,gao ,review of ,discretionary ,grant ,programs4 ,sec4 #eejf4 ,universal electronic identifier4 ,title ,,vi--,multimodal ,transportation ,sec4 #fjja4 ,national multimodal freight policy4 ,sec4 #fjjb4 ,national freight strategic plan4 ,sec4 #fjjc4 ,national multimodal freight network4 ,sec4 #fjjd4 ,state freight advisory committees4 ,sec4 #fjje4 ,state freight plans4 ,sec4 #fjjf4 ,study of freight transportation fee4 ,sec4 #fjjg4 ,national ,surface ,transportation and ,innovative ,finance ,bureau4 ,sec4 #fjjh4 ,local hire4 ,sec4 #fjji4 ,,fte cap4 ,sec4 #fjaj4 ,identification of ,,covid-#ai testing needs of critical infrastructure employees4 ,sec4 #fjaa4 ,rail covering4 ,title ,,vii--,transportation ,infrastructure ,finance and ,innovation ,act ,sec4 #gjja4 ,transportation ,infrastructure ,finance and ,innovation ,act4 ,division ,c--,hazardous ,materials ,transportation ,sec4 #hjja4 ,short title4 ,title ,i--,authorizations ,sec4 #haja4 ,authorization of appropriations4 ,title ,,ii--,hazardous ,materials ,safety and ,improvement ,sec4 #hbja4 ,repeal of certain requirements related to lithium cells and batteries4 ,sec4 #hbjb4 ,transportation of liquefied natural gas by rail tank car4 ,sec4 #hbjc4 ,hazardous materials training requirements and grants4 ,sec4 #hbjd4 ,pipeline and ,hazardous ,materials ,safety ,administration reporting transparency requirements4 ,division ,d--,rail ,sec4 #ijja4 ,short title4 ,title ,i--,authorizations ,sec4 #iaja4 ,authorization of appropriations4 ,sec4 #iajb4 ,passenger rail improvement1 modernization1 and expansion grants4 ,sec4 #iajc4 ,consolidated rail infrastructure and safety improvement grants4 ,sec4 #iajd4 ,railroad rehabilitation and improvement financing4 ,sec4 #iaje4 ,buy ,america4 ,sec4 #iajf4 ,rail network climate change vulnerability assessment4 ,sec4 #iajg4 ,north ,river ,tunnel ,shutdown ,contingency ,assesment4 ,sec4 #iajh4 ,advance acquisition4 ,title ,,ii--,amtrak ,reforms ,sec4 #ibja4 ,amtrak findings1 mission1 and goals4 ,sec4 #ibjb4 ,amtrak status4 ,sec4 #ibjc4 ,board of ,directors4 ,sec4 #ibjd4 ,amtrak preference enforcement4 ,sec4 #ibje4 ,use of facilities and providing services to ,amtrak4 ,sec4 #ibjf4 ,prohibition on mandatory arbitration4 ,sec4 #ibjg4 ,amtrak ,,ada assessment4 ,sec4 #ibjh4 ,prohibition on smoking on ,amtrak trains4 ,sec4 #ibji4 ,state-supported routes operated by ,amtrak4 ,sec4 #ibaj4 ,amtrak ,police ,department4 ,sec4 #ibaa4 ,amtrak food and beverage4 ,sec4 #ibab4 ,clarification on ,amtrak contracting out4 ,sec4 #ibac4 ,amtrak staffing4 ,sec4 #ibad4 ,special transportation4 ,sec4 #ibae4 ,disaster and emergency relief program4 ,sec4 #ibaf4 ,recreational trail access4 ,sec4 #ibag4 ,investigation of substandard performance4 ,sec4 #ibah4 ,amtrak cybersecurity enhancement grant program4 ,sec4 #ibai4 ,amtrak and private cars4 ,sec4 #ibbj4 ,amtrak ,office of ,community ,outreach4 ,sec4 #ibba4 ,sense of ,congress4 ,title ,,iii--,intercity ,passenger ,rail ,policy ,sec4 #icja4 ,northeast ,corridor ,commission4 ,sec4 #icjb4 ,northeast ,corridor planning4 ,sec4 #icjc4 ,protective arrangements4 ,sec4 #icjd4 ,high-speed rail funds4 ,title ,,iv--,commuter ,rail ,policy ,sec4 #idja4 ,surface ,transportation ,board mediation of trackage use requests4 ,sec4 #idjb4 ,surface ,transportation ,board mediation of rights-of-way use requests4 ,sec4 #idjc4 ,chicago ,union ,station improvement plans4 ,title ,v--,rail ,safety ,subtitle ,a--,passenger and ,freight ,safety ,sec4 #ieja4 ,national ,academies study on safety impact of trains longer than #g1ejj feet4 ,sec4 #iejb4 ,,gao study on changes in freight railroad operating and scheduling practices4 ,sec4 #iejc4 ,,fra safety reporting4 ,sec4 #iejd4 ,waiver notice requirements4 ,sec4 #ieje4 ,notice of ,,fra comprehensive safety assessments4 ,sec4 #iejf4 ,,fra accident and incident investigations4 ,sec4 #iejg4 ,rail safety improvements4 ,sec4 #iejh4 ,annual review of speed limit action plans4 ,sec4 #ieji4 ,freight train crew size safety standards4 ,sec4 #ieaj4 ,safe cross border operations4 ,sec4 #ieaa4 ,yardmasters hours of service4 ,sec4 #ieab4 ,leaking brakes4 ,sec4 #ieac4 ,annual report on ,,ptc system failures4 ,sec4 #iead4 ,fatigue reduction pilot projects4 ,sec4 #ieae4 ,assault prevention and response plans4 ,sec4 #ieaf4 ,critical incident stress plans4 ,sec4 #ieag4 ,study on safety culture assessments4 ,subtitle ,b--,grade ,crossing ,safety ,sec4 #ieea4 ,grade crossing separation grants4 ,sec4 #ieeb4 ,rail safety public awareness grants4 ,sec4 #ieec4 ,establishment of #aj-minute time limit for blocking public grade crossings4 ,sec4 #ieed4 ,national strategy to address blocked crossings4 ,sec4 #ieee4 ,railroad point of contact for blocked crossing matters4 ,sec4 #ieef4 ,national highway-rail crossing inventory review4 ,sec4 #ieeg4 ,counting railroad suicides4 ,sec4 #ieeh4 ,report on supplementary safety measures required for ,quiet ,zones4 ,division ,e--,aviation ,title ,i--,airport and ,airway ,infrastructure ,sec4 #ajaja4 ,airport planning and development and noise compatibility planning and programs4 ,sec4 #ajajb4 ,supplemental funding for airports4 ,sec4 #ajajc4 ,airport resiliency projects4 ,sec4 #ajajd4 ,,faa air traffic control facilities4 ,sec4 #ajaje4 ,airport innovative financing techniques4 ,sec4 #ajajf4 ,small airport letters of intent4 ,sec4 #ajajg4 ,minority and disadvantaged business size standards4 ,sec4 #ajajh4 ,changes in airport sponsorship or operations4 ,title ,,ii--,environment ,sec4 #ajbja4 ,alternative fuel and low-emission aviation technology program4 ,sec4 #ajbjb4 ,expansion of voluntary airport low emission program4 ,sec4 #ajbjc4 ,study and development of sustainable aviation fuels4 ,sec4 #ajbjd4 ,center of excellence for alternative jet fuels and environment4 ,sec4 #ajbje4 ,national evaluation of aviation and aerospace solutions to climate change4 ,sec4 #ajbjf4 ,joint ,task ,force on ,air ,travel4 ,division ,f--,investment in ,water ,resources and ,water-,related ,infrastructure ,sec4 #bjjja4 ,short title4 ,title ,i--,critical ,water ,resources ,investments ,sec4 #bajja4 ,use of ,harbor ,maintenance ,trust ,fund to support navigation4 ,sec4 #bajjb4 ,annual report to ,congress4 ,sec4 #bajjc4 ,harbor ,maintenance ,trust ,fund discretionary spending limit adjustment4 ,sec4 #bajjd4 ,appropriations for ,construction1 ,inland ,waterways1 ,operation and ,maintenance4 ,title ,,ii--,critical ,clean ,water ,investments ,subtitle ,a--,water ,quality ,protection and ,job ,creation ,act ,sec4 #bbaja4 ,short title4 ,sec4 #bbajb4 ,wastewater infrastructure workforce investment4 ,sec4 #bbajc4 ,state management assistance4 ,sec4 #bbajd4 ,watershed1 wet weather1 and resiliency projects4 ,sec4 #bbaje4 ,pilot program for alternative water source projects4 ,sec4 #bbajf4 ,sewer overflow and stormwater reuse municipal grants4 ,sec4 #bbajg4 ,reports to ,congress4 ,sec4 #bbajh4 ,indian ,tribes4 ,sec4 #bbaji4 ,capitalization grants4 ,sec4 #bbaaj4 ,water pollution control revolving loan funds4 ,sec4 #bbaaa4 ,allotment of funds4 ,sec4 #bbaab4 ,reservation of funds for ,territories of the ,united ,states4 ,sec4 #bbaac4 ,authorization of appropriations4 ,sec4 #bbaad4 ,technical assistance by ,municipal ,ombudsman4 ,sec4 #bbaae4 ,report on financial capability of municipalities4 ,sec4 #bbaaf4 ,emerging contaminants4 ,subtitle ,b--,local ,water ,protection ,sec4 #bbbja4 ,nonpoint source management programs4 ,subtitle ,c--,critical ,regional ,infrastructure ,investments ,sec4 #bbcja4 ,reauthorization of ,chesapeake ,bay ,program4 ,sec4 #bbcjb4 ,san ,francisco ,bay restoration grant program4 ,sec4 #bbcjc4 ,puget sound coordinated recovery4 ,sec4 #bbcjd4 ,great ,lakes ,restoration ,initiative ,reauthorization4 ,sec4 #bbcje4 ,national ,estuary ,program reauthorization4 ,sec4 #bbcjf4 ,lake ,pontchartrain ,basin ,restoration ,program reauthorization4 ,sec4 #bbcjg4 ,long ,island ,sound ,program ,reauthorization4 ,sec4 #bbcjh4 ,columbia ,river ,basin ,restoration ,program ,reauthorization4 ,title ,,iii--,resilience ,revolving ,loan ,fund ,sec4 #bcjja4 ,short title4 ,sec4 #bcjjb4 ,grants to entities for establishment of hazard mitigation revolving loan funds4 ,title ,,iv--,sports ,fishing ,sec4 #bdjja4 ,short title4 ,sec4 #bdjjb4 ,division of annual appropriations4 ,sec4 #bdjjc4 ,recreational boating access4 ,sec4 #bdjjd4 ,wildlife ,restoration ,fund administration4 ,sec4 #bdjje4 ,sport fish restoration and boating trust fund4 ,title ,v--,climate ,smart ,ports ,sec4 #bejja4 ,short title4 ,sec4 #bejjb4 ,climate ,smart ,ports ,grant ,program4 ,sec4 #bejjc4 ,energy ,policy ,act of #bjje authorization of appropriations for port authorities4 ,title ,,vi--,other matters ,sec4 #bfjja4 ,wastewater drug testing pilot program4 ,title ,,vii--,new ,river ,restoration ,sec4 #bgjja4 ,short title4 ,sec4 #bgjjb4 ,definitions4 ,sec4 #bgjjc4 ,california ,new ,river restoration program establishment4 ,sec4 #bgjjd4 ,grants and assistance4 ,sec4 #bgjje4 ,annual reports4 ,title ,,viii--,other matters ,sec4 #bhjja4 ,,covid-#ai ,wastewater ,surveillance ,research ,program4 ,title ,,ix--,other ,matters ,sec4 #bijja4 ,smart water infrastructure investment grants4 ,division ,g--,energy and ,commerce ,title ,i--,broadband ,infrastructure ,sec4 #cajja4 ,definitions4 ,sec4 #cajjb4 ,sense of ,congress4 ,sec4 #cajjc4 ,severability4 ,subtitle ,a--,digital ,equity ,sec4 #caajj4 ,definitions4 ,chapter #a--,office of ,internet ,connectivity and ,growth ,sec4 #caaja4 ,establishment of the ,office of ,internet ,connectivity and ,growth4 ,sec4 #caajb4 ,duties4 ,sec4 #caajc4 ,streamlined applications for support4 ,sec4 #caajd4 ,coordination of support4 ,sec4 #caaje4 ,rule of construction4 ,sec4 #caajf4 ,funding4 ,sec4 #caajg4 ,study and recommendations to connect socially disadvantaged individuals4 ,chapter #b--;,digital ,equity ,programs ,sec4 #caaba4 ,state ,digital ,equity ,capacity ,grant ,program4 ,sec4 #caabb4 ,digital ,equity ,competitive ,grant ,program4 ,sec4 #caabc4 ,policy research1 data collection1 analysis and modeling1 evaluation1 and dissemination4 ,sec4 #caabd4 ,general provisions4 ,chapter #c--;,broadband ,service for ,low-,income ,consumers ,sec4 #caada4 ,additional broadband benefit4 ,sec4 #caadb4 ,grants to ,states to strengthen ,national ,lifeline ,eligibility ,verifier4 ,sec4 #caadc4 ,federal coordination between ,lifeline and ,,snap verification4 ,chapter #d--;,e-,rate ,support for ,wi-,fi ,hotspots1 ,other ,equipment1 and ,connected ,devices ,sec4 #caafa4 ,e-,rate support for ,wi-,fi hotspots1 other equipment1 and connected devices4 ,subtitle ,b--,broadband ,transparency ,sec4 #cabja4 ,definitions4 ,sec4 #cabjb4 ,broadband transparency4 ,sec4 #cabjc4 ,distribution of data4 ,sec4 #cabjd4 ,coordination with certain other ,federal agencies4 ,sec4 #cabje4 ,broadband consumer labels4 ,sec4 #cabjf4 ,appropriation for ,broadband ,,data ,act4 ,sec4 #cabjg4 ,,gao report4 ,subtitle ,c--,broadband ,access ,chapter #a--;,expansion of ,broadband ,access ,sec4 #cacja4 ,expansion of broadband access in unserved areas and areas with low-tier or mid-tier service4 ,sec4 #cacjb4 ,universal service in ,indian country and areas with high populations of ,indian people4 ,chapter #b--;,broadband ,infrastructure ,finance and ,innovation ,sec4 #cacba4 ,definitions4 ,sec4 #cacbb4 ,determination of eligibility and project selection4 ,sec4 #cacbc4 ,secured loans4 ,sec4 #cacbd4 ,lines of credit4 ,sec4 #cacbe4 ,alternative prudential lending standards for small projects4 ,sec4 #cacbf4 ,program administration4 ,sec4 #cacbg4 ,state and local permits4 ,sec4 #cacbh4 ,regulations4 ,sec4 #cacbi4 ,funding4 ,sec4 #caccj4 ,reports to ,congress4 ,chapter #c--,wi-,fi on ,school ,buses ,sec4 #cacda4 ,e-rate support for school bus ,wi-,fi4 ,subtitle ,d--,community ,broadband ,sec4 #cadja4 ,state1 local1 public-private partnership1 and co-op broadband services4 ,subtitle ,e--,repeal of ,rule and ,prohibition on ,use of ,,nprm ,sec4 #caeja4 ,repeal of rule and prohibition on use of ,,nprm4 ,subtitle ,f--,next ,generation #i-a-a ,sec4 #cafja4 ,sense of ,congress4 ,sec4 #cafjb4 ,statement of policy4 ,sec4 #cafjc4 ,coordination of ,next ,generation #i-a-a ,implementation4 ,sec4 #cafjd4 ,savings provision4 ,subtitle ,g--,extension of #b4e ,g,hz ,rural ,tribal ,priority ,window ,sec4 #cagja4 ,extension of #b4e ,g,hz ,rural ,tribal ,priority ,window4 ,title ,,ii--,motor ,vehicle ,safety ,sec4 #cbjja4 ,safety ,warning for occupants of hot cars4 ,sec4 #cbjjb4 ,protecting ,americans from the ,risks of ,keyless ,ignition ,technology4 ,sec4 #cbjjc4 #bast ,century ,smart ,cars4 ,sec4 #cbjjd4 ,updating the #e-star safety rating system4 ,sec4 #cbjje4 ,advanced ,drunk ,driving prevention technology4 ,sec4 #cbjjf4 ,limousine compliance with ,federal ,safety ,standards4 ,sec4 #cbjjg4 ,child restraint systems4 ,sec4 #cbjjh4 ,motor vehicle pedestrian and cyclist protection4 ,title ,,iii--,energy and ,environment ,infrastructure ,subtitle ,a--,infrastructure ,chapter #a--;,drinking ,water ,subchapter ,a--,,pfas ,infrastructure ,grant ,program ,sec4 #ccaja4 ,establishment of ,,pfas ,infrastructure ,grant ,program4 ,sec4 #ccajb4 ,definition4 ,subchapter ,b--,extensions ,sec4 #ccajc4 ,funding4 ,sec4 #ccajd4 ,american iron and steel products4 ,sec4 #ccaje4 ,comprehensive lead service line replacement4 ,subchapter ,c--,other matters ,sec4 #ccajf4 ,drinking water fountain replacement in public playgrounds and parks4 ,subchapter ,d--,other ,matters ,sec4 #ccajg4 ,assistance for areas affected by natural disasters4 ,subchapter ,e--,other matters ,sec4 #ccajh4 ,allotments for territories4 ,chapter #b--;,grid ,security and ,modernization ,sec4 #ccaaa4 #bast ,century ,power ,grid4 ,sec4 #ccaab4 ,energy efficient transformer rebate program4 ,sec4 #ccaac4 ,interregional transmission planning report4 ,sec4 #ccaad4 ,promoting grid storage4 ,sec4 #ccaae4 ,expanding access to sustainable energy4 ,sec4 #ccaaf4 ,interregional transmission planning rulemaking4 ,chapter #c--;,controlling ,methane ,leaks from ,pipelines ,sec4 #ccaba4 ,improving the natural gas distribution system4 ,chapter #d--,renewable energy ,sec4 #ccaca4 ,grant program for solar installations located in1 or that serve1 low-income and underserved areas4 ,chapter #e--,smart ,communities ,sec4 #ccada4 #c;,c energy program4 ,sec4 #ccadb4 ,federal technology assistance4 ,sec4 #ccadc4 ,technology demonstration grant program4 ,sec4 #ccadd4 ,smart city or community4 ,sec4 #ccade4 ,clean cities coalition program4 ,chapter #f--;,brownfields ,sec4 #ccaea4 ,brownfields funding4 ,chapter #g--;,indian ,energy ,sec4 #ccafa4 ,indian energy4 ,sec4 #ccafb4 ,report on electricity access and reliability4 ,chapter #h--;,hydropower and ,dam ,safety ,sec4 #ccaga4 ,hydroelectric production incentives and efficiency improvements4 ,sec4 #ccagb4 ,,ferc briefing on ,edenville ,dam and ,sanford ,dam failures4 ,sec4 #ccagc4 ,dam safety conditions4 ,sec4 #ccagd4 ,dam safety requirements4 ,sec4 #ccage4 ,viability procedures4 ,sec4 #ccagf4 ,,ferc dam safety technical conference with ,states4 ,sec4 #ccagg4 ,required dam safety communications between ,,ferc and ,states4 ,sec4 #ccagh4 ,consideration of invasive species4 ,chapter #i--,loan ,program ,office ,reform ,sec4 #ccaha4 ,loan program office title ,,xvii reform4 ,chapter #aj--;,climate ,action ,planning for ,ports ,sec4 #ccaia4 ,grants ,to reduce greenhouse gas emissions at ports4 ,chapter #aa--;,clean ,energy and ,sustainability ,accelerator ,sec4 #ccaib4 ,clean ,energy and ,sustainability ,accelerator4 ,chapter #ab--;,carbon capture utilization and storage ,sec4 #ccaic4 ,supporting carbon capture utilization and storage4 ,subtitle ,b--,energy ,efficiency ,chapter #a--;,energy ,efficiency ,retrofits ,subchapter ,a--,,hope for ,,homes ,sec4 #ccbja4 ,definitions4 ,part #a--;,,hope ,training ,sec4 #ccbjb4 ,notice for ,,hope ,qualification training and grants4 ,sec4 #ccbjb;,a4 ,course criteria4 ,sec4 #ccbjb;,b4 ,,hope ,qualification4 ,sec4 #ccbjb;,c4 ,grants4 ,sec4 #ccbjb;,d4 ,authorization of appropriations4 ,part #b--;,home ,energy ,savings ,retrofit ,rebate ,program ,sec4 #ccbjc4 ,establishment of ,home ,energy ,savings ,retrofit ,rebate ,program4 ,sec4 #ccbjc;,a4 ,partial system rebates4 ,sec4 #ccbjc;,b4 ,state administered rebates4 ,sec4 #ccbjc;,c4 ,special provisions for moderate income households4 ,sec4 #ccbjc;,d4 ,evaluation reports to ,congress4 ,sec4 #ccbjc;,e4 ,administration4 ,sec4 #ccbjc;,f4 ,authorization of appropriations4 ,part #c--;,general provisions ,sec4 #ccbjd4 ,appointment of personnel4 ,sec4 #ccbjd;,a4 ,maintenance of funding4 ,subchapter ,b--,public ,buildings ,sec4 #ccbaa4 ,energy efficient public buildings4 ,subchapter ,c--,schools ,sec4 #ccbba4 ,energy retrofitting assistance for schools4 ,sec4 #ccbbb4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities4 ,chapter #b--,weatherization ,sec4 #ccbca4 ,weatherization assistance program4 ,sec4 #ccbcb4 ,report on waivers4 ,chapter #c--;,energy ,efficient ,conservation ,block ,grants ,sec4 #ccbda4 ,energy ,efficiency and ,conservation ,block ,grant ,program4 ,chapter #d--;,federal ,energy and ,water ,management ,performance ,sec4 #ccbea4 ,energy and water performance requirement for ,federal facilities4 ,sec4 #ccbeb4 ,federal ,energy ,management ,program4 ,chapter #e--,targeted residential tree-planting ,sec4 #ccbfa4 ,definitions4 ,sec4 #ccbfb4 ,grant program4 ,sec4 #ccbfc4 ,public recognition initiative4 ,sec4 #ccbfd4 ,nonduplicity4 ,sec4 #ccbfe4 ,authorization of appropriations4 ,chapter #f--;,industrial ,energy ,savings ,sec4 #ccbga4 ,rebate program for energy efficient electrotechnologies4 ,subtitle ,c--,vehicles ,chapter #a--;,,dera ,sec4 #cccja4 ,reauthorization of diesel emissions reduction program4 ,chapter #b--;,clean ,commute for ,kids ,sec4 #cccaa4 ,reauthorization of ,clean ,school ,bus ,program4 ,sec4 #cccab4 ,study on impact of air pollution from vehicles idling in school zones4 ,chapter #c--,refrigerated vehicles ,sec4 #cccba4 ,pilot program for the electrification of certain refrigerated vehicles4 ,chapter #d--;,,ev infrastructure ,sec4 #cccca4 ,definitions4 ,sec4 #ccccb4 ,electric vehicle supply equipment rebate program4 ,sec4 #ccccc4 ,expanding access to electric vehicles in underserved communities4 ,sec4 #ccccd4 ,ensuring program benefits for underserved and disadvantaged communities4 ,sec4 #cccce4 ,model building code for electric vehicle supply equipment4 ,sec4 #ccccf4 ,electric vehicle supply equipment coordination4 ,sec4 #ccccg4 ,state consideration of electric vehicle charging4 ,sec4 #cccch4 ,state energy plans4 ,sec4 #cccci4 ,transportation electrification4 ,sec4 #cccdj4 ,federal fleets4 ,sec4 #cccda4 ,domestic ,manufacturing ,conversion ,grant ,program4 ,sec4 #cccdb4 ,advanced technology vehicles manufacturing incentive program4 ,subtitle ,d--,buy ,american and ,wage ,rate ,requirements ,sec4 #ccdja4 ,use of ,american iron1 steel1 and manufactured goods4 ,sec4 #ccdjb4 ,wage rate requirements4 ,subtitle ,e--,ohio ,river ,basin ,sec4 #cceja4 ,interagency plan4 ,sec4 #ccejb4 ,report on impacts of climate change on electric utilities4 ,sec4 #ccejc4 ,definition4 ,subtitle ,f--,open ,back ,better ,sec4 #ccfja4 ,short title4 ,sec4 #ccfjb4 ,facilities energy resiliency4 ,sec4 #ccfjc4 ,personnel4 ,subtitle ,g--,other ,matters ,sec4 #ccgja4 ,water reuse interagency working group4 ,subtitle ,h--,energy workforce development ,chapter #a--,office of ,economic ,impact1 ,diversity1 and ,employment ,sec4 #cchja4 ,name of office4 ,sec4 #cchjb4 ,energy workforce development programs4 ,sec4 #cchjc4 ,authorization4 ,chapter #b--;,energy workforce development ,sec4 #cchaa4 ,energy workforce development4 ,sec4 #cchab4 ,energy workforce grant program4 ,sec4 #cchac4 ,definitions4 ,title ,,iv--,health ,care ,infrastructure ,sec4 #cdaja4 ,hospital infrastructure4 ,sec4 #cdajb4 ,community ,health ,center ,capital ,project ,funding4 ,sec4 #cdajc4 ,pilot program to improve laboratory infrastructure4 ,sec4 #cdajd4 #bast century ,indian health program hospitals and outpatient health care facilities4 ,sec4 #cdaje4 ,pilot program to improve community-based care infrastructure4 ,sec4 #cdajf4 ,access road for ,desert ,sage ,youth ,wellness ,center4 ,division ,h--,additional ,programs ,title ,i--,additional ,programs ,sec4 #djjja4 ,national scenic byways program4 ,sec4 #djjjb4 ,authorization of appropriations for ,department of ,veterans ,affairs4 ,sec4 #djjjc4 ,requirements for owners and operators of equipment or facilities used by passenger or freight transportation employers4 ,sec4 #djjjd4 ,revolving loan fund flexibility4 ,sec4 #djjje4 ,authorization for science center construction4 ,sec4 #djjjf4 ,,gao study on the impact of transportation policies on marginalized communities4 ,sec4 #djjjg4 ,use of bird-safe features1 practices1 and strategies in public buildings4 ,sec4 #djjjh4 ,,gao ,study4 ,sec4 #djjji4 ,land port of entry infrastructure modernization4 ,sec4 #djjaj4 ,colonias state of good repair grant program4 ,sec4 #djjaa4 ,accessibility of public transportation for pregnant women4 ,sec4 #djjab4 ,national ,labs restoration and modernization4 ,sec4 #djjac4 ,definitions4 ,sec4 #djjad4 ,program establishment4 ,sec4 #djjae4 ,grants and technical assistance4 ,sec4 #djjaf4 ,reporting4 ,sec4 #djjag4 ,authorization of appropriations4 ,sec4 #djjah4 ,reporting ,requirements ,relating to ,federal ,research ,infrastructure4 ,sec4 #djjai4 ,american ,infrastructure ,opportunity ,bonds4 ,title ,,ii--,building ,u4,s4 ,infrastructure by ,leveraging ,demands for ,skills 7,,builds7 ,sec4 #djaja4 ,definitions4 ,sec4 #djajb4 ,grants authorized4 ,sec4 #djajc4 ,application4 ,sec4 #djajd4 ,eligible activities4 ,sec4 #djaje4 ,administration by the ,secretary4 ,sec4 #djajf4 ,authorization of appropriations4 ,sec4 #djajg4 ,special rule4 ,division ,i--,zero-,emission ,postal ,fleet and ,other ,matters ,sec4 #ejjja4 ,authorization of appropriation for ,united ,states ,postal ,service for modernization of postal infrastructure4 ,sec4 #ejjjb4 ,electric or zero-emission vehicles for ,united ,states ,postal ,service fleet4 ,sec4 #ejjjc4 ,clarification of authority of ,district of ,columbia to carry out ,long ,bridge project4 ,division ,j--,committee on ,financial ,services ,sec4 #fjjja4 ,short title4 ,sec4 #fjjjb4 ,findings4 ,sec4 #fjjjc4 ,public ,housing ,capital ,fund4 ,sec4 #fjjjd4 ,rural ,multifamily ,preservation and ,revitalization ,demonstration ,program4 ,sec4 #fjjje4 ,flood ,mitigation ,assistance ,grant ,program4 ,sec4 #fjjjf4 ,housing ,trust ,fund4 ,sec4 #fjjjg4 ,single-,family ,housing ,repair ,loans and ,grants4 ,sec4 #fjjjh4 ,native ,american ,housing ,block ,grant ,program4 ,sec4 #fjjji4 ,,home ,investment ,partnerships ,program4 ,sec4 #fjjaj4 ,program for supportive housing for persons with disabilities4 ,sec4 #fjjaa4 ,program for supportive housing for the elderly4 ,sec4 #fjjab4 ,capital ,magnet ,fund4 ,sec4 #fjjac4 ,community development block grant funding for affordable housing and infrastructure4 ,sec4 #fjjad4 ,inclusion of minority and women's business enterprises4 ,sec4 #fjjae4 ,reports on outcomes4 ,sec4 #fjjaf4 ,,gao study of flood disaster assistance inequities4 ,sec4 #fjjag4 ,grant program for manufactured housing preservation4 ,sec4 #fjjah4 ,lead abatement for families4 ,sec4 #fjjai4 ,comptroller ,general report on high-speed internet connectivity in ,federally-assisted housing4 ,sec4 #fjjbj4 ,master plan for broadband connectivity in ,federally-assisted housing4 ,sec4 #fjjba4 ,united ,states ,interagency ,council on ,homelessness4 ,sec4 #fjjbb4 ,,gao study of housing needs of populations at higher risk of homelessness4 ,sec4 #fjjbc4 ,buy ,america requirements for community development block grant activities4 ,sec4 #fjjbd4 ,repeal of ,faircloth amendment4 ,sec4 #fjjbe4 ,study of effects of criminal history on access to housing4 ,division ,k--,reopen and ,rebuild ,america's ,schools ,act of #bjbj ,sec4 #gjjjj4 ,short title2 table of contents4 ,sec4 #gjjja4 ,definitions4 ,title ,i--,grants for the ,long-,term ,improvement of ,public ,school ,facilities ,subtitle ,a--,reservation and ,allocation of ,funds ,sec4 #gjaja4 ,purpose and reservation4 ,sec4 #gjajb4 ,allocation to ,states4 ,subtitle ,b--,grants to ,local ,educational ,agencies ,sec4 #gjaaa4 ,need-based grants to qualified local educational agencies4 ,sec4 #gjaab4 ,allowable uses of funds4 ,sec4 #gjaac4 ,prohibited uses4 ,sec4 #gjaad4 ,requirements for hazard-resistance1 energy and water conservation1 and air quality4 ,sec4 #gjaae4 ,green ,practices4 ,sec4 #gjaaf4 ,use of ,american iron1 steel1 and manufactured products4 ,sec4 #gjaag4 ,prohibition on use of funds for facilities of for-profit charter schools4 ,sec4 #gjaah4 ,prohibition on use of funds for certain charter schools4 ,subtitle ,c--,annual ,report and ,authorization of ,appropriations ,sec4 #gjaba4 ,annual report on grant program4 ,sec4 #gjabb4 ,authorization of appropriations4 ,title ,,ii--,other ,reports1 ,development of ,standards1 and ,information ,clearinghouse ,sec4 #gjbja4 ,comptroller general report4 ,sec4 #gjbjb4 ,study and report physical condition of public schools4 ,sec4 #gjbjc4 ,development of data standards4 ,sec4 #gjbjd4 ,information clearinghouse4 ,sec4 #gjbje4 ,sense of ,congress on ,opportunity ,zones4 ,title ,,iii--,impact ,aid ,construction ,sec4 #gjcja4 ,temporary increase in funding for impact aid construction4 ,title ,,iv--,assistance for ,repair of ,school ,foundations ,affected by ,pyrrhotite ,sec4 #gjdja4 ,allocations to ,states4 ,sec4 #gjdjb4 ,grants to local educational agencies4 ,sec4 #gjdjc4 ,definitions4 ,sec4 #gjdjd4 ,authorization of appropriations4 ,division ,l--,public ,lands1 ,tribal ,communities1 and ,resilient ,natural ,infrastructure ,sec4 #hjjjj4 ,table of contents4 ,title ,i--,water ,resources ,infrastructure ,subtitle ,a--,water ,settlements ,infrastructure ,sec4 #haaja4 ,reclamation water settlements fund4 ,sec4 #haajb4 ,conveyance capacity correction project4 ,sec4 #haajc4 ,funding parity for water management goals and restoration goals4 ,subtitle ,b--,,future ,western ,water ,infrastructure and ,drought ,resiliency ,sec4 #habja4 ,short title4 ,sec4 #habjb4 ,definitions4 ,chapter #a--;,infrastructure development ,sec4 #habaa4 ,competitive grant program for the funding of water recycling and reuse projects4 ,sec4 #habab4 ,storage project development reports to congress4 ,sec4 #habac4 ,funding for storage and supporting projects4 ,sec4 #habad4 ,extension of existing requirements for grandfathered storage projects4 ,sec4 #habae4 ,desalination project development4 ,sec4 #habaf4 ,assistance for disadvantaged communities without adequate drinking water4 ,chapter #b--;,,improved ,,technology ,,and ,,data ,sec4 #habba4 ,reauthorization of water availability and use assessment program4 ,sec4 #habbb4 ,renewal of advisory committee on water information4 ,sec4 #habbc4 ,desalination technology development4 ,sec4 #habbd4 ,x-prize for water technology breakthroughs4 ,sec4 #habbe4 ,study examining sediment transport4 ,sec4 #habbf4 ,determination of water supply allocations4 ,sec4 #habbg4 ,federal priority streamgages4 ,sec4 #habbh4 ,study examining climate vulnerabilities at federal dams4 ,sec4 #habbi4 ,innovative technology adoption4 ,chapter #c--;,,ecosystem ,,protection ,,and ,,restoration ,sec4 #habca4 ,waterbird habitat creation program4 ,sec4 #habcb4 ,cooperative watershed management program4 ,sec4 #habcc4 ,competitive grant program for the funding of watershed health projects4 ,sec4 #habcd4 ,support for refuge water deliveries4 ,sec4 #habce4 ,drought planning and preparedness for critically important fisheries4 ,sec4 #habcf4 ,aquatic ecosystem restoration4 ,sec4 #habcg4 ,reauthorization of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj4 ,sec4 #habch4 ,report on fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances4 ,chapter #d--,,water ,,job ,,training ,,and ,,education ,sec4 #habda4 ,water resource education4 ,chapter #e--,,miscellaneous ,sec4 #habea4 ,offset4 ,sec4 #habeb4 ,delayed water project recommendations4 ,sec4 #habec4 ,continued use of ,pick-,sloan ,missouri ,basin ,program project use power by the ,kinsey ,irrigation ,company and the ,sidney ,water ,users ,irrigation ,district4 ,subtitle ,c--,western ,water ,security ,sec4 #hacja4 ,definitions4 ,chapter #a--;,,infrastructure ,,and ,,water ,,management ,,improvement ,sec4 #hacaa4 ,watersmart extension and expansion4 ,sec4 #hacab4 ,emergency drought funding4 ,sec4 #hacac4 ,rio ,grande ,pueblo ,irrigation ,infrastructure ,reauthorization4 ,sec4 #hacad4 ,puerto ,rico ,water,s,m,a,r,t ,grants ,eligibility4 ,chapter #b--;,,groundwater ,,management ,sec4 #hacba4 ,reauthorization and expansion of the ,transboundary ,aquifer ,assessment ,program4 ,sec4 #hacbb4 ,groundwater management assessment and improvement4 ,sec4 #hacbc4 ,surface and groundwater water availability and the energy nexus4 ,chapter #c--,,water ,,conservation ,,and ,,environmental ,,restoration ,sec4 #hacca4 ,definitions4 ,sec4 #haccb4 ,water acquisition program4 ,sec4 #haccc4 ,middle ,rio ,grande ,water ,conservation4 ,sec4 #haccd4 ,sustaining biodiversity during droughts4 ,sec4 #hacce4 ,reauthorization of cooperative watershed management program4 ,chapter #d--;,,effect ,,on ,,existing ,,law ,sec4 #hacda4 ,effect on existing law4 ,subtitle ,d--,water ,resources ,research ,amendments ,sec4 #hadaa4 ,water ,resources ,research ,act amendments4 ,subtitle ,e--,ground water recharge planning ,sec4 #haeaa4 ,ground water recharge planning4 ,subtitle ,f--,tribal ,water ,infrastructure ,sec4 #hafaa4 ,finding4 ,sec4 #hafab4 ,indian ,health ,services ,sanitation ,facilities ,construction ,program funding4 ,subtitle ,g--,navajo ,utah ,water ,rights ,settlement ,sec4 #hagaa4 ,purposes4 ,sec4 #hagab4 ,definitions4 ,sec4 #hagac4 ,ratification of agreement4 ,sec4 #hagad4 ,navajo water rights4 ,sec4 #hagae4 ,navajo trust accounts4 ,sec4 #hagaf4 ,authorization of appropriations4 ,sec4 #hagag4 ,conditions precedent4 ,sec4 #hagah4 ,waivers and releases4 ,sec4 #hagai4 ,miscellaneous provisions4 ,sec4 #hagbj4 ,relation to allottees4 ,sec4 #hagba4 ,antideficiency4 ,title ,,ii--,national ,parks1 ,forests1 and ,public ,lands ,subtitle ,a--,public ,lands ,telecommunications ,sec4 #hbaja4 ,definitions4 ,sec4 #hbajb4 ,collection and retention of rental fees associated with communications use authorizations on ,federal lands and ,federal land management agency support for communication site programs4 ,sec4 #hbajc4 ,cooperative agreement authority4 ,subtitle ,b--,outdoors for ,all ,sec4 #hbbja4 ,definitions4 ,sec4 #hbbjb4 ,grants authorized4 ,sec4 #hbbjc4 ,eligible uses4 ,sec4 #hbbjd4 ,national park service requirements4 ,sec4 #hbbje4 ,reporting4 ,sec4 #hbbjf4 ,revenue sharing4 ,subtitle ,c--,updated ,borrowing ,authority ,sec4 #hbcja4 ,presidio ,trust borrowing authority4 ,subtitle ,d--,forest ,service ,legacy ,roads and ,trails ,remediation ,program ,sec4 #hbdja4 ,forest ,service ,legacy ,roads and ,trails ,remediation ,program4 ,subtitle ,e--,long ,bridge ,sec4 #hbeja4 ,authorization of ,national ,park ,service conveyances4 ,subtitle ,f--,western ,riverside ,county ,wildlife ,refuge ,sec4 #hbfja4 ,western ,riverside ,county ,wildlife ,refuge4 ,sec4 #hbfjb4 ,purpose4 ,sec4 #hbfjc4 ,notification of establishment4 ,sec4 #hbfjd4 ,boundaries4 ,sec4 #hbfje4 ,administration4 ,sec4 #hbfjf4 ,acquisition and transfers of lands and waters for wildlife refuge4 ,subtitle ,g--,tribal ,land to ,trust ,sec4 #hbgja4 ,lands to be taken into trust4 ,title ,,iii--,oceans and ,wildlife ,subtitle ,a--,coastal and ,great ,lakes ,resiliency and ,restoration ,sec4 #hcaja4 ,shovel-,ready ,restoration and ,resiliency ,grant ,program4 ,sec4 #hcajb4 ,living ,shoreline ,grant ,program4 ,subtitle ,b--,wildlife ,corridors ,conservation ,act ,sec4 #hcbja4 ,definitions4 ,chapter #a--,national ,wildlife ,corridor ,system on ,federal ,land and ,water ,sec4 #hcbaa4 ,national wildlife corridors4 ,sec4 #hcbab4 ,administrative designation of national wildlife corridors4 ,sec4 #hcbac4 ,management of national wildlife corridors4 ,chapter #b--,wildlife ,corridors ,conservation ,subchapter ,a--,national ,wildlife ,corridor ,system on ,federal land and water ,sec4 #hccaa4 ,collaboration and coordination4 ,sec4 #hccab4 ,effect4 ,subchapter ,b--,tribal ,wildlife ,corridors ,sec4 #hccba4 ,tribal ,wildlife ,corridors4 ,sec4 #hccbb4 ,protection of ,indian ,tribes4 ,subchapter ,c--,wildlife movement grant program on non-,federal land and water ,sec4 #hccca4 ,wildlife movements grant program4 ,sec4 #hcccb4 ,national ,coordination ,committee4 ,sec4 #hcccc4 ,regional wildlife movement councils4 ,subchapter ,d--,national ,wildlife ,corridors ,database ,sec4 #hccda4 ,national wildlife corridors database4 ,chapter #c--;,funding ,sec4 #hcdja4 ,wildlife corridors stewardship fund4 ,sec4 #hcdjb4 ,authorization of appropriations4 ,chapter #d--;,authorization of appropriations ,subchapter ,a--,natural ,infrastructure for ,wildlife ,conservation and ,restoration ,sec4 #hceaa4 ,short title4 ,sec4 #hceab4 ,wildlife ,conservation and ,restoration ,subaccount4 ,sec4 #hceac4 ,technical amendments4 ,sec4 #hcead4 ,savings clause4 ,subchapter ,b--,natural ,infrastructure for ,tribal ,wildlife ,conservation and ,restoration ,sec4 #hceba4 ,indian ,tribes4 ,chapter #e--,miscellaneous ,sec4 #hcfja ,reauthorization of ,chesapeake ,bay gateways and watertrails network4 ,title ,,iv--,energy ,subtitle ,a--,establishment of ,federal orphaned well remediation program ,sec4 #hdaja4 ,establishment of federal orphaned well remediation program4 ,sec4 #hdajb4 ,federal bonding reform4 ,subtitle ,b--,surface ,mining ,control and ,reclamation ,act ,amendments ,sec4 #hdbja4 ,abandoned ,mine ,land ,reclamation ,fund4 ,sec4 #hdbjb4 ,emergency ,powers4 ,sec4 #hdbjc4 ,reclamation fee4 ,subtitle ,c--,revitalizing the ,economy of ,coal ,communities by ,leveraging ,local ,activities and ,investing ,more ,sec4 #hdcja4 ,economic revitalization for coal country4 ,sec4 #hdcjb4 ,technical and conforming amendments4 ,sec4 #hdcjc4 ,minimum ,state payments4 ,sec4 #hdcjd4 ,,gao study of use of funds4 ,sec4 #hdcje4 ,payments to certified ,states not affected4 ,subtitle ,d--,public ,land ,renewable ,energy ,development ,sec4 #hddja4 ,definitions4 ,sec4 #hddjb4 ,land use planning2 supplements to programmatic environmental impact statements4 ,sec4 #hddjc4 ,environmental review on covered land4 ,sec4 #hddjd4 ,program to improve renewable energy project permit coordination4 ,sec4 #hddje4 ,increasing economic certainty4 ,sec4 #hddjf4 ,limited grandfathering4 ,sec4 #hddjg4 ,renewable energy goal4 ,sec4 #hddjh4 ,disposition of revenues4 ,sec4 #hddji4 ,promoting and enhancing development of geothermal energy4 ,sec4 #hddaj4 ,facilitation of coproduction of geothermal energy on oil and gas leases4 ,sec4 #hddaa4 ,noncompetitive leasing of adjoining areas for development of geothermal resources4 ,sec4 #hddab4 ,savings clause4 ,subtitle ,e--,offshore ,wind ,jobs and ,opportunity ,sec4 #hdeja4 ,offshore ,wind ,career ,training ,grant ,program4 ,subtitle ,f--,community ,reclamation ,partnerships ,sec4 #hdfja4 ,reference4 ,sec4 #hdfjb4 ,state memoranda of understanding for certain remediation4 ,sec4 #hdfjc4 ,clarifying ,state liability for mine drainage projects4 ,sec4 #hdfjd4 ,conforming amendments4 ,subtitle ,g--,sinkhole hazard identification ,sec4 #hdgja4 ,sinkhole hazard identification4 ,title ,v--,labor ,standards ,sec4 #heaja4 ,labor ,standards4 ,division ,m--,revenue provisions ,sec4 #ijjja4 ,short title2 etc4 ,title ,i--,infrastructure financing ,subtitle ,a--,bond financing enhancements ,sec4 #ijaja4 ,credit to issuer for certain infrastructure bonds4 ,sec4 #ijajb4 ,advance refunding bonds4 ,sec4 #ijajc4 ,permanent modification of small issuer exception to tax-exempt interest expense allocation rules for financial institutions4 ,sec4 #ijajd4 ,volume cap on private activity bonds4 ,sec4 #ijaje4 ,modifications to qualified small issue bonds4 ,sec4 #ijajf4 ,expansion of certain exceptions to the private activity bond rules for first-time farmers4 ,sec4 #ijajg4 ,exempt facility bonds for zero-emission vehicle infrastructure4 ,sec4 #ijajh4 ,certain water and sewage facility bonds exempt from volume cap on private activity bonds4 ,sec4 #ijaji4 ,qualified highway or surface freight transfer facility bonds4 ,sec4 #ijaaj4 ,application of ,davis-,bacon ,act requirements with respect to certain exempt facility bonds4 ,subtitle ,b--,school infrastructure bonds ,sec4 #ijaaa4 ,restoration of certain qualified tax credit bonds4 ,sec4 #ijaab4 ,school infrastructure bonds4 ,sec4 #ijaac4 ,annual report on bond program4 ,sec4 #ijaad4 ,examining loan modifications to the ,,hbcu ,capital ,financing ,program4 ,subtitle ,c--,other provisions related to infrastructure financing ,sec4 #ijaba4 ,credit for operations and maintenance costs of government-owned broadband4 ,sec4 #ijabb4 ,treatment of financial guaranty insurance companies as qualifying insurance corporations under passive foreign investment company rules4 ,sec4 #ijabc4 ,infrastructure grants to improve child care safety4 ,title ,,ii--,new ,markets ,tax ,credit ,sec4 #ijbja4 ,improvement and permanent extension of new markets tax credit4 ,title ,,iii--,rehabilitation tax credit ,sec4 #ijcja4 ,increase in rehabilitation credit4 ,sec4 #ijcjb4 ,increase in the rehabilitation credit for certain small projects4 ,sec4 #ijcjc4 ,modification of definition of substantially rehabilitated4 ,sec4 #ijcjd4 ,temporary extension of period for completing rehabilitation4 ,sec4 #ijcje4 ,elimination of rehabilitation credit basis adjustment4 ,sec4 #ijcjf4 ,modifications regarding certain tax-exempt use property4 ,sec4 #ijcjg4 ,qualification of rehabilitation expenditures for public school buildings for rehabilitation credit4 ,title ,,iv--,green energy ,sec4 #ijdjj4 ,short title4 ,subtitle ,a--,renewable ,electricity and ,reducing ,carbon ,emissions ,sec4 #ijdja4 ,extension of credit for electricity produced from certain renewable resources4 ,sec4 #ijdjb4 ,extension and modification of energy credit4 ,sec4 #ijdjc4 ,extension of credit for carbon oxide sequestration4 ,sec4 #ijdjd4 ,elective payment for energy property and electricity produced from certain renewable resources1 etc4 ,sec4 #ijdje4 ,extension of energy credit for offshore wind facilities4 ,sec4 #ijdjf4 ,green energy publicly traded partnerships4 ,subtitle ,b--,renewable ,fuels ,sec4 #ijdaa4 ,biodiesel and renewable diesel4 ,sec4 #ijdab4 ,extension of excise tax credits relating to alternative fuels4 ,sec4 #ijdac4 ,extension of second generation biofuel incentives4 ,subtitle ,c--,green ,energy and ,efficiency ,incentives for ,individuals ,sec4 #ijdba4 ,extension1 increase1 and modifications of nonbusiness energy property credit4 ,sec4 #ijdbb4 ,residential energy efficient property4 ,sec4 #ijdbc4 ,energy efficient commercial buildings deduction4 ,sec4 #ijdbd4 ,extension1 increase1 and modifications of new energy efficient home credit4 ,sec4 #ijdbe4 ,modifications to income exclusion for conservation subsidies4 ,subtitle ,d--,greening the ,fleet and ,alternative ,vehicles ,sec4 #ijdca4 ,modification of limitations on new qualified plug-in electric drive motor vehicle credit4 ,sec4 #ijdcb4 ,credit for previously-owned qualified plug-in electric drive motor vehicles4 ,sec4 #ijdcc4 ,credit for zero-emission heavy vehicles and zero-emission buses4 ,sec4 #ijdcd4 ,qualified fuel cell motor vehicles4 ,sec4 #ijdce4 ,alternative fuel refueling property credit4 ,sec4 #ijdcf4 ,modification of employer-provided fringe benefits for bicycle commuting4 ,subtitle ,e--,investment in the ,green ,workforce ,sec4 #ijdda4 ,extension of the advanced energy project credit4 ,sec4 #ijddb4 ,labor costs of installing mechanical insulation property4 ,sec4 #ijddc4 ,labor standards for certain energy jobs4 ,subtitle ,f--,environmental ,justice ,sec4 #ijdea4 ,qualified environmental justice program credit4 ,subtitle ,g--,treasury report on data from the ,greenhouse ,gas ,reporting ,program ,sec4 #ijdfa4 ,report on ,greenhouse ,gas ,reporting ,program4 ,title ,v--,disaster and resiliency ,sec4 #ijeja4 ,exclusion of amounts received from state-based catastrophe loss mitigation programs4 ,sec4 #ijejb4 ,repeal of temporary limitation on personal casualty losses4 ,title ,,vi--,housing ,subtitle ,a--,low-,income ,housing ,tax ,credit ,improvements ,sec4 #ijfja4 ,extension of period for rehabilitation expenditures4 ,sec4 #ijfjb4 ,extension of basis expenditure deadline4 ,sec4 #ijfjc4 ,tax-exempt bond financing requirement4 ,sec4 #ijfjd4 ,minimum credit rate4 ,sec4 #ijfje4 ,increases in ,state allocations4 ,sec4 #ijfjf4 ,increase in credit for certain projects designated to serve extremely low-income households4 ,sec4 #ijfjg4 ,inclusion of ,indian areas as difficult development areas for purposes of certain buildings4 ,sec4 #ijfjh4 ,inclusion of rural areas as difficult development areas4 ,sec4 #ijfji4 ,increase in credit for bond-financed projects designated by housing credit agency4 ,sec4 #ijfaj4 ,repeal of qualified contract option4 ,sec4 #ijfaa4 ,prohibition of local approval and contribution requirements4 ,sec4 #ijfab4 ,adjustment of credit to provide relief during ,,covid-#ai outbreak4 ,sec4 #ijfac4 ,credit for low-income housing supportive services4 ,subtitle ,b--,neighborhood ,homes ,credit ,sec4 #ijfba4 ,neighborhood homes credit4 ,title ,,vii--,tribal development ,sec4 #ijgja4 ,treatment of ,indian ,tribes as ,states with respect to bond issuance4 ,sec4 #ijgjb4 ,treatment of ,tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors4 ,sec4 #ijgjc4 ,new markets tax credit4 ,title ,,viii--,highway trust fund and related taxes ,sec4 #ijhja4 ,extension of ,highway ,trust ,fund expenditure authority4 ,sec4 #ijhjb4 ,extension of highway-related taxes4 ,sec4 #ijhjc4 ,additional transfers to ,highway ,trust ,fund4 ,division ,n--,rights for ,transportation ,security ,officers ,sec4 #iajja4 ,short title4 ,sec4 #iajjb4 ,definitions4 ,sec4 #iajjc4 ,conversion of ,,tsa personnel4 ,sec4 #iajjd4 ,transition rules4 ,sec4 #iajje4 ,consultation requirement4 ,sec4 #iajjf4 ,no right to strike4 ,sec4 #iajjg4 ,rule of construction with respect to certain crimes relating to terrorism4 ,sec4 #iajjh4 ,report by ,,gao regarding ,,tsa recruitment4 ,sec4 #iajji4 ,sense of ,congress4 ,sec4 #iajaj4 ,assistance for ,federal ,air ,marshal ,service4 ,sec4 #iajaa4 ,prohibition on certain social media application4 ,sec4 #iajab4 ,veterans hiring4 ,sec4 #iajac4 ,prevention and protection against certain illness4 ,division ,o--,agriculture infrastructure improvements ,sec4 #ibjja4 ,reforestation ,trust ,fund4 ,division ,p--,budgetary ,effects ,sec4 #icjja4 ,budgetary effects4 ,division ,q--,state-,owned ,enterprises ,sec4 #idjja4 ,state-,owned enterprises prohibition4 #c4 ,references ,except as expressly provided otherwise1 any reference to this ,act contained in any division of this ,act shall be treated as referring only to the provisions of that division4 ,a ,federal ,surface ,transportation ,programs for ,fiscal ,year #bjba #ajj4 ,short title ,this division and division ,b of this ,act may be cited as the ,investing in a ,new ,vision for the ,environment and ,surface ,transportation in ,america ,act or the ,,invest in ,america ,act4 #aja4 ,extension of ,federal surface transportation programs 7a7 ,extension of ,federal surface transportation programs 7#a7 ,in general ,except as otherwise provided in this division1 the requirements1 authorities1 conditions1 eligibilities1 limitations1 and other provisions authorized under the covered laws1 which would otherwise expire on or cease to apply after ,september #cj1 #bjbj1 are incorporated by reference and shall continue in effect through ,september #cj1 #bjba4 7#b7 ,authorization of appropriations 7,a7 ,highway trust fund 7i7 ,highway account 7,i7 ,in general ,except as provided in subclause 7,,ii71 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba1 for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year #bjbj1 an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year #bjbj4 7,,ii7 ,administrative expenses ,notwithstanding any other provision of this division1 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba-- 7aa7 #ejb1hig1jdi for administrative expenses of the ,federal ,highway ,administration1 as described in section #ajd7;a7 of title #bc1 ,united ,states ,code2 and 7bb7 #cj1jhf1jjj for grant administrative expenses of the ,national ,highway ,traffic ,safety ,administration1 as described in section #djja7;a77#f7 of the ,,fast ,act 7,public ,law #aad-id74 7ii7 ,mass transit account ,there is authorized to be appropriated from the ,mass ,transit ,account for fiscal year #bjba1 for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year #bjbj1 an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year #bjbj4 7,b7 ,general fund 7i7 ,in general ,except as provided in clause 7ii71 there is authorized to be appropriated for fiscal year #bjba1 for each program with respect to which amounts are authorized to be appropriated for fiscal year #bjbj from an account other than the ,highway ,account or the ,mass ,transit ,account under the titles described in subsection 7b77#a71 an amount not less than the amount authorized for appropriation with respect to the program under such titles for fiscal year #bjbj4 7ii7 ,administrative expenses ,notwithstanding any other provision of this division1 there is authorized to be appropriated from the general fund of the ,treasury for fiscal year #bjba #adj1jaf1edc for administrative expenses of the ,federal ,transit ,administration4 7#c7 ,use of funds ,except as otherwise provided in this division1 amounts authorized to be appropriated for fiscal year #bjba with respect to a program under paragraph 7#b7 shall be distributed1 administered1 limited1 and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year #bjbj under the covered laws4 7#d7 ,obligation limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 a program for which amounts are authorized to be appropriated under paragraph 7#b77;,a7 shall be subject to a limitation on obligations for fiscal year #bjba in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year #bjbj under the ,department of ,transportation ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 as in effect on ,december #bj1 #bjai4 7,b7 ,federal-aid highway and highway safety construction programs 7i7 ,in general ,notwithstanding any other provision of this division1 section #aajb of the ,,fast ,act 7,public ,law #aad-id71 or the ,department of ,transportation ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 for fiscal year #bjba1 the obligations for ,federal-aid highway and highway safety construction programs shall not exceed #df1chg1aia1cfj4 7ii7 ,limitation on ,federal ,highway ,administration administrative expenses ,notwithstanding any other provision of this division1 of the amount described in clause 7i71 for fiscal year #bjba an amount not to exceed #dgh1hig1jdi1 together with advances and reimbursements received by the ,federal ,highway ,administration1 shall be obligated for necessary expenses for administration and operation of the ,federal ,highway ,administration4 7b7 ,definitions ,in this section1 the term covered laws means the following3 7#a7 ,titles ,i1 ,,iii1 ,,iv1 ,v1 and ,,vi of division ,a of the ,,fast ,act 7,public ,law #aad-id74 7#b7 ,division ,a1 division ,b1 subtitle ,a of title ,i and title ,,ii of division ,c1 and division ,e of ,,map-#ba 7,public ,law #aab-ada74 7#c7 ,titles ,i1 ,,ii1 and ,,iii of the ,,safetea-,,lu ,technical ,corrections ,act of #bjjh 7,public ,law #aaj-bdd74 7#d7 ,titles ,i1 ,,ii1 ,,iii1 ,,iv1 ,v1 and ,,vi of ,,safetea-,,lu 7,public ,law #aji-ei74 7#e7 ,titles ,i1 ,,ii1 ,,iii1 ,,iv1 and ,v of the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh74 7#f7 ,titles ,,ii1 ,,iii1 and ,,iv of the ,national ,highway ,system ,designation ,act of #aiie 7,public ,law #ajd-ei74 7#g7 ,title ,i1 part ,a of title ,,ii1 title ,,iii1 title ,,iv1 title ,v1 and title ,,vi of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj74 7#h7 ,title #bc1 ,united ,states ,code4 7#i7 ,sections #aaf1 #aag1 #ccj1 and #eeje and chapters #ec1 #aci1 #cjc1 #caa1 #cac1 #gja1 and #gjb of title #di1 ,united ,states ,code4 #ajb4 ,federal ,highway ,administration 7a7 ,additional amounts 7#a7 ,authorization of appropriations 7,a7 ,in general ,in addition to amounts authorized under section #aja1 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba1 for activities under this section1 #ad1gdb1hjh1fdj4 7,b7 ,contract authority ,amounts authorized to be appropriated under subparagraph 7,a7 shall be available for obligation as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#b7 ,obligation ceiling 7,a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjba1 obligations for activities authorized under paragraph 7#a7 shall not exceed #ad1gdb1hjh1fdj4 7,b7 ,distribution of obligation authority 7i7 ,in general ,of the obligation authority provided under subparagraph 7,a71 the ,secretary shall make available to ,states1 ,tribes1 ,puerto ,rico1 the territories1 and ,federal land management agencies1 during the period of fiscal year #bjba1 amounts of obligation authority equal to the amounts described in subparagraphs 7,a7 through 7,e7 of paragraph 7#c71 respectively4 7ii7 ,further distribution ,each ,state1 each ,tribe1 ,puerto ,rico1 each territory1 and each ,federal land management agency receiving funds under subparagraphs 7,a7 through 7,e7 of paragraph 7#c71 respectively1 shall receive an amount of obligation authority equal to the funds that it receives under any of such subparagraphs4 7,c7 ,redistribution of unused obligation authority 7i7 ,in general ,notwithstanding subparagraph 7,b71 the ,secretary shall1 after ,august #a of fiscal year #bjba-- 7,i7 revise a distribution of the obligation authority made available under subparagraph 7,b7 if an amount distributed cannot be obligated during that fiscal year2 and 7,,ii7 redistribute sufficient amounts to those ,states able to obligate amounts in addition to those previously distributed during that fiscal year1 giving priority to those ,states having large unobligated balances of funds apportioned under sections #add 7as in effect on the day before the date of enactment of ,,map-#ba 7,public ,law #aab-ada77 and #ajd of title #bc1 ,united ,states ,code4 7ii7 ,administration ,the ,secretary shall administer a redistribution under clause 7i7 of obligation authority provided under subparagraph 7,b7 in a similar manner as the standard ,august redistribution4 7iii7 ,use of obligation authority ,a ,state may use obligation authority that it receives pursuant to this subparagraph in the same manner that it uses obligation authority that it receives as part of the standard ,august redistribution4 7#c7 ,distribution of funds ,amounts authorized to be appropriated for fiscal year #bjba under paragraph 7#a7 shall be distributed as follows3 7,a7 #ad1chd1fbi1gaj to the ,states4 7,b7 #afg1dha1had to ,tribes4 7,c7 #eb1djj1bea to ,puerto ,rico4 7,d7 #ac1ibi1aha to the territories4 7,e7 #abd1cfg1fhd to ,federal land management agencies4 7#d7 ,state funds 7,a7 ,distribution 7i7 ,in general ,amounts made available under paragraph 7#c77;,a7 shall be distributed among the ,states in the same ratio as total ,state apportionments under section #ajd7;c77#a7 of title #bc1 ,united ,states ,code1 in fiscal year #bjbj4 7ii7 ,suballocation 7,i7 ,in general ,amounts distributed among the ,states under clause 7i7 shall be suballocated within the ,state to an area described in subclause 7,,ii7 in the proportion that-- 7aa7 the total amount of funds suballocated to such area of the ,state as described in such subclause for fiscal year #bjbj2 bears to 7bb7 the total amount of funds apportioned to the ,state for the ,federal-aid highway program under section #ajd of title #bc1 ,united ,states ,code1 for fiscal year #bjbj4 7,,ii7 ,areas described ,the areas described in this subclause are-- 7aa7 urbanized areas of the ,state with an urbanized area population of over #bjj1jjj2 7bb7 areas of the ,state other than urban areas with a population greater than #e1jjj2 and 7cc7 other areas of the ,state4 7,b7 ,treatment ,except as otherwise provided in this paragraph1 amounts made available under paragraph 7#c77;,a7 shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7,c7 ,use of funds ,amounts made available under paragraph 7#c77;,a7 may be obligated for-- 7i7 eligible projects described in section #acc7;b7 of title #bc1 ,united ,states ,code1 subject to section #acc7;c7 of such title2 and 7ii7 administrative expenses1 including salaries and benefits1 of-- 7,i7 the ,state department of transportation2 7,,ii7 a local transportation agency2 or 7,,iii7 a metropolitan planning organization4 7#e7 ,tribal funds 7,a7 ,treatment 7i7 ,in general ,except as otherwise provided in this paragraph1 amounts made available under paragraph 7#c77;,b7 shall be administered as if made available under section #bjb of title #bc1 ,united ,states ,code4 7ii7 ,nonapplicability of certain provisions of law ,subsections 7a77#f71 7c71 7d71 and 7e7 of section #bjb of title #bc1 ,united ,states ,code1 shall not apply to amounts made available under paragraph 7#c77;,b74 7,b7 ,use of funds ,amounts made available under paragraph 7#c77;,b7 may be obligated for-- 7i7 activities eligible under section #bjb7;a77#a7 of title #bc1 ,united ,states ,code2 and 7ii7 transportation-related administrative expenses1 including salaries and benefits1 of the ,tribe4 7#f7 ,funds for ,puerto ,rico and the territories 7,a7 ,treatment 7i7 ,in general ,except as otherwise provided in this paragraph1 amounts made available under paragraphs 7#c77;,c7 and 7#c77;,d7 shall be administered as if allocated under sections #afe7;b7 and #afe7;c71 respectively1 of title #bc1 ,united ,states ,code4 7ii7 ,nonapplicability of certain provisions of law ,section #afe7;b77#b7 of title #bc1 ,united ,states ,code1 shall not apply to amounts made available to ,puerto ,rico under paragraph 7#c77;,c74 7,b7 ,use of funds 7i7 ,puerto ,rico ,amounts made available to ,puerto ,rico under paragraph 7#c77;,c7 may be obligated for-- 7,i7 activities eligible under chapter #a of title #bc1 ,united ,states ,code2 and 7,,ii7 transportation related administrative expenses1 including salaries and benefits4 7ii7 ,territories ,amounts made available to a territory under paragraph 7#c77;,d7 may be obligated for-- 7,i7 activities eligible under section #afe7;c77#f7 of title #bc1 ,united ,states ,code1 subject to section #afe7;c77#g7 of such title2 and 7,,ii7 transportation-related administrative expenses1 including salaries and benefits4 7#g7 ,federal land management agency funds 7,a7 ,distribution ,amounts made available under paragraph 7#c77;,e7 shall be distributed among the ,federal land management agencies as follows3 7i7 #ii1did1adg for the ,national ,park ,service4 7ii7 #i1idi1dae for the ,united ,states ,fish and ,wildlife ,service4 7iii7 #f1cja1bif for the ,united ,states ,forest ,service4 7iv7 #h1fbb1hbf to be allocated to the applicable ,federal land management agencies as described in section #bjc7;b7 of title #bc1 ,united ,states ,code4 7,b7 ,treatment ,amounts made available under paragraph 7#c77;,e7 shall be administered as if made available under section #bjc of title #bc1 ,united ,states ,code4 7#h7 ,disadvantaged business enterprises ,section #aaja7;b7 of the ,,fast ,act 7,public ,law #aad-id7 shall apply to additional amounts made available under paragraph 7#a74 7b7 ,special rules for fiscal year #bjba 7#a7 ,suballocated amounts 7,a7 ,use of funds ,amounts authorized to be appropriated for fiscal year #bjba with respect to a program under section #aja7;a77#b77;,a7 that are suballocated pursuant to section #acc7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 may be obligated for-- 7i7 eligible projects as described in section #acc7;b7 of title #bc1 ,united ,states ,code2 or 7ii7 administrative expenses1 including salaries and benefits1 of-- 7,i7 a local transportation agency2 or 7,,ii7 a metropolitan planning organization4 7,b7 ,obligation authority 7i7 ,in general ,a ,state that is required to obligate in an urbanized area with an urbanized area population of over #bjj1jjj individuals under section #acc7;d7 of title #bc1 ,united ,states ,code1 funds apportioned to the ,state under section #ajd7;b77#b7 of such title shall make available during the period of fiscal years #bjaf through #bjba an amount of obligation authority distributed to the ,state for ,federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying-- 7,i7 the aggregate amount of funds that the ,state is required to obligate in the area under section #acc7;d7 of title #bc1 ,united ,states ,code1 during the period2 and 7,,ii7 the ratio that-- 7aa7 the aggregate amount of obligation authority distributed to the ,state for ,federal-aid highways and highway safety construction programs during the period2 bears to 7bb7 the total of the sums apportioned to the ,state for ,federal-aid highways and highway safety construction programs 7excluding sums not subject to an obligation limitation7 during the period4 7ii7 ,joint responsibility ,each ,state1 each affected metropolitan planning organization1 and the ,secretary shall jointly ensure compliance with clause 7i74 7#b7 ,ferry boat program ,amounts authorized to be appropriated for fiscal year #bjba with respect to a program under section #aja7;a77#b77;,a7 that are made available for the construction of ferry boats and ferry terminal facilities under section #adg of title #bc1 ,united ,states ,code1 may be obligated-- 7,a7 in accordance with sections #abi7;c7 and #adg of title #bc1 ,united ,states ,code2 7,b7 for administrative expenses1 including salaries and benefits1 of a ferry boat operator or ferry terminal facility operator eligible for ,federal participation under section #abi7;c7 of title #bc1 ,united ,states ,code2 and 7,c7 for operating costs associated with a ferry boat or ferry terminal facility eligible for ,federal participation under section #abi7;c7 of title #bc1 ,united ,states ,code4 7#c7 ,nationally significant freight and highway projects ,in fiscal year #bjba1 the program carried out under section #aag of title #bc1 ,united ,states ,code1 shall1 in addition to any otherwise applicable requirements1 be subject to the following provisions3 7,a7 ,multimodal projects ,notwithstanding subsection 7d77#b77;,a7 of such section1 the limitation for projects described in such subsection shall be #fjj1jjj1jjj for fiscal years #bjaf through #bjba4 7,b7 ,additional considerations ,notwithstanding subsection 7h77#b7 of such section1 the ,secretary shall not consider the utilization of non-,federal contributions4 7,c7 ,evaluation and rating ,to evaluate applications for funding under such section1 the ,secretary shall-- 7i7 determine whether a project is eligible for a grant under such section2 7ii7 evaluate1 through a methodology that is discernible and transparent to the public1 how each application addresses the merit criteria established by the ,secretary2 7iii7 assign a quality rating for each merit criteria for each application based on the evaluation under clause 7ii72 7iv7 ensure that applications receive final consideration by the ,secretary to receive an award under such section only on the basis of such quality ratings and that the ,secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria2 and 7v7 award grants only to projects rated highly under the evaluation and rating process4 7,d7 ,publication and methodology ,in any published notice of funding opportunity for a grant under such section1 the ,secretary shall include detailed information on the rating methodology and merit criteria to be used to evaluate applications4 7,e7 ,repeat applications 7i7 ,briefing ,the ,secretary shall provide to each applicant that applied for1 but did not receive1 funding under such section in fiscal year #bjai or #bjbj1 at the request of the applicant1 the opportunity to receive a briefing to-- 7,i7 explain any reasons the application was not selected for funding2 and 7,,ii7 advise the applicant on how to improve the application for resubmission in fiscal year #bjba under the application criteria described in this paragraph4 7ii7 ,supplementary application 7,i7 ,in general ,an applicant for funding under such section may elect to resubmit an application from a previous solicitation with a supplementary appendix that describes how the proposed project meets the requirements of section #aag of title #bc1 ,united ,states ,code1 and this paragraph4 7,,ii7 ,requirements ,the ,secretary shall ensure that applications submitted under subclause 7,i71 including the supplementary appendix1 are evaluated based on such requirements4 7,f7 ,congressional notification ,a notification submitted pursuant to subsection 7m7 of such section shall include-- 7i7 a summary of each application submitted and1 at the request of either ,committee1 a copy of any application submitted2 7ii7 a list of any projects the ,secretary determined were not eligible for funding2 7iii7 a description of the specific criteria used for each evaluation1 including the quality rating assigned for each eligible application submitted2 7iv7 a list of all projects that advanced to the ,secretary for consideration2 and 7v7 a detailed justification of the basis for each award proposed to be selected4 7c7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#c7 and notwithstanding section #abj of title #bc1 ,united ,states ,code1 or any other provision of this division1 the ,federal share associated with funds described in paragraph 7#b7 that are obligated during fiscal year #bjba may be up to #ajj percent4 7#b7 ,funds described ,the funds described in this paragraph are funds made available for the implementation or execution of ,federal-aid highway and highway safety construction programs authorized under title #bc or #di1 ,united ,states ,code1 the ,,fast ,act 7,public ,law #aad-id71 or this division4 7#c7 ,exceptions ,paragraph 7#a7 shall not apply to amounts obligated under section #aae or #aag of title #bc1 ,united ,states ,code1 or chapter #f of such title4 7d7 ,administrative expenses 7#a7 ,self-certification and audit 7,a7 ,in general ,prior to the obligation of funds for administrative expenses pursuant to paragraph 7#d77;,c77ii71 7#e77;,b77ii71 7#f77;,b77i77,,ii71 or 7#f77;,b77ii77,,ii7 of subsection 7a7 or paragraphs 7#a77;,a77ii7 and 7#b77;,b7 of subsection 7b71 a ,state1 a ,tribe1 ,puerto ,rico1 or a territory1 as applicable1 shall certify to the ,secretary that such administrative expenses meet the requirements of such paragraphs1 as applicable4 7,b7 ,audit ,the ,secretary may conduct an audit to review obligations of funds and liquidation of such obligations for eligible administrative expenses described under subparagraph 7,a74 7#b7 ,planning ,notwithstanding any other provision of law1 administrative expenses described in paragraph 7#a77;,a7 shall not be required to be included in a metropolitan transportation plan1 a long-range statewide transportation plan1 a transportation improvement program1 or a statewide transportation improvement program under sections #acd or #ace of title #bc1 ,united ,states ,code1 or chapter #ec of title #di1 ,united ,states ,code1 as applicable4 7e7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,standard ,august redistribution ,the term standard ,august redistribution means the redistribution of obligation authority that the ,secretary is directed to administer under-- 7,a7 section #aajb7;d7 of the ,,fast ,act 7,public ,law #aad-id72 or 7,b7 any ,act making appropriations for the ,department of ,transportation for fiscal year #bjba4 7#b7 ,state ,the term ,state means the #ej ,states and the ,district of ,columbia4 7#c7 ,territory ,the term territory means any of the following territories of the ,united ,states3 7,a7 ,american ,samoa4 7,b7 ,the ,commonwealth of the ,northern ,mariana ,islands4 7,c7 ,guam4 7,d7 ,the ,united ,states ,virgin ,islands4 7#d7 ,urban area2 urbanized area ,the terms urban area and urbanized area have the meanings given such terms in section #aja of title #bc1 ,united ,states ,code4 #ajc4 ,federal ,transit ,administration 7a7 ,additional amounts 7#a7 ,authorization of appropriations from mass transit account 7,a7 ,in general ,in addition to amounts authorized under section #aja1 there is authorized to be appropriated from the ,mass ,transit ,account for fiscal year #bjba1 for activities under this section1 #e1gid1hea1ech4 7,b7 ,apportionment ,amounts authorized under subparagraph 7,a7 shall be apportioned in accordance with section #ecaj1 section #ecaa 7other than subsections 7b77#c71 7c77#a77;,a71 and 7c77#b7 of such section71 section #eccf 7other than subsection 7h77#d7 of such section71 section #eccg1 and section #ecdj of title #di1 ,united ,states ,code1 except that funds apportioned under section #eccg of such title shall be added to funds apportioned under section #ecjg of such title for administration under section #ecjg of such title4 7,c7 ,allocation ,the ,secretary shall allocate the amounts authorized to be appropriated to sections #ecjg1 #ecaj1 #ecaa1 #eccg1 and #ecdj of title #di1 ,united ,states ,code1 among such sections in the same ratio as funds are provided in the fiscal year #bjbj appropriations4 7,d7 ,obligation limitation ,notwithstanding any other provision of law1 for fiscal year #bjba1 obligations for activities authorized under this paragraph shall not exceed #e1gid1hea1ech4 7#b7 ,authorization of appropriations from general fund ,in addition to amounts authorized under section #aja7;a77#a77;,b71 there is authorized to be appropriated from the general fund of the ,treasury-- 7,a7 #ieh1jjj1jjj to carry out section #ecji of title #di1 ,united ,states ,code2 and 7,b7 such sums as may be necessary to be made available as described in subsection 7c7 and that such sums shall be designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7#c7 ,disadvantaged business enterprises ,section #aaja7;b7 of the ,,fast ,act 7,public ,law #aad-id7 shall apply to additional amounts made available under this subsection4 7b7 ,special rules for fiscal year #bjba 7#a7 ,use of funds ,notwithstanding #ecjg7;a77#a7 of title #di1 ,united ,states ,code1 amounts made available under subsection 7a77#a77;,a7 may be obligated for-- 7,a7 operating expenses1 including1 beginning on ,january #bj1 #bjbj-- 7i7 reimbursement for operating costs to maintain service and offset lost revenue1 including the purchase of personal protective equipment2 and 7ii7 paying the administrative leave of operations personnel due to reductions in service2 and 7,b7 any other activity eligible under section #ecjg1 #ecaj1 #ecaa1 or #eccg of title #di1 ,united ,states ,code4 7#b7 ,conditions ,recipients use of funds under paragraph 7#a7 shall-- 7,a7 not require that operating expenses described in paragraph 7#a77;,a7 be included in a metropolitan transportation plan1 long-range statewide transportation plan1 a transportation improvement program1 or a statewide transportation improvement program2 7,b7 meet the requirements of section #eccc of title #di1 ,united ,states ,code2 and 7,c7 to the maximum extent possible1 be directed to payroll and public transit service1 unless the recipient certifies to the ,secretary that such recipient has not furloughed any employees4 7#c7 ,oversight 7,a7 ,of the amounts made available to carry out this section1 the percentages available for oversight in section #ecch7;f77#a7 of title #di1 ,united ,states ,code1 shall apply to the allocations of funds in subsection 7a77#a77;,c74 7,b7 ,use of funds ,amounts made available under subsection 7a77#a77;,a7 shall be available for administrative expenses and program management oversight as authorized under sections #eccd and #ecch7;f77#b7 of title #di1 ,united ,states ,code4 7#d7 ,administration of grants ,amounts made available under subsection 7a77#a77;,a7 shall be administered1 at the option of the recipient1 as grants provided under the ,,cares ,act 7,public ,law #aaf-acf7 are administered4 7c7 ,,cig ,,covid-#ai emergency relief program 7#a7 ,in general ,from amounts made available under subsection 7a77#b77;,b7 and notwithstanding section #ecji7k77#b77;,c77ii71 section #ecji7;a77#g77;,b71 or section #ecji7l77#a77;,b77ii7 of title #di1 ,united ,states ,code1 at the request of a project sponsor1 the ,secretary shall use such sums as may be necessary to provide an additional #cj percent of total project costs for any project under-- 7,a7 #ecji7;d7 of title #di1 ,united ,states ,code1 that has been approved for advancement into the engineering phase2 7,b7 #ecji7;e7 of title #di1 ,united ,states ,code1 that has entered into the project development phase or approved for advancement into the engineering phase2 7,c7 subsection 7d7 or 7e7 of section #ecji of title #di1 ,united ,states ,code1 that has a full funding grant agreement entered into under either such subsection after ,january #a1 #bjag2 and 7,d7 section #ecji7;h7 of title #di1 ,united ,states ,code1 that the ,federal ,transit ,administration has a small starts grant award or agreement entered into after ,january1 #a1 #bjag1 or that has been recommended by the ,administration for an allocation of capital investment funds that were appropriated in fiscal year #bjah1 #bjai1 or #bjbj4 7#b7 ,project eligibility ,from amounts made available under subsection 7a77#b77;,b71 the ,secretary shall use such sums as may be necessary for projects under section #ecji of title #di1 ,united ,states ,code1 that-- 7,a7 are not eligible for funds made available under paragraph 7#a72 and 7,b7 have remaining scheduled ,federal funds to be appropriated under a full funding grant agreement under such section4 7#c7 ,deferred local share ,the ,secretary shall allow a project sponsor to defer payment of the local share for any project described in paragraphs 7#a7 and 7#b74 7#d7 ,total project cost ,in this subsection1 the term total project cost means the most recent total project cost stipulated in-- 7,a7 the full funding grant agreement2 7,b7 the approval into project engineering2 7,c7 the project rating for a project not yet approved into project engineering2 7,d7 the small starts grant or grant agreement2 or 7,e7 the project rating for a small starts project that has not yet been awarded a grant or grant agreement4 7#e7 ,federal share ,the ,federal share of the costs of a project under this subsection may not exceed #hj percent4 7#f7 ,application of law ,for purposes of paragraph 7#a71 the ,secretary shall apply section #gjja7;b7 of this ,act when providing the additional #cj percent of total project costs to any project that meets the criteria in such section4 7d7 ,federal share 7#a7 ,in general ,notwithstanding chapter #ec of title #di1 ,united ,states ,code1 or any other provision of this division1 the ,federal share associated with funds described in paragraph 7#b7 that are obligated during fiscal year #bjba may be up to #ajj percent4 7#b7 ,funds described ,the funds described in this paragraph are funds made available for the implementation of transit programs authorized by chapter #ec of title #di1 ,united ,states ,code1 the ,,fast ,act 7,public ,law #aad-id71 or this division1 excluding funds made available to projects under section #ecji of title #di1 ,united ,states ,code4 7e7 ,condition for apportionment ,no funds authorized in this division or any other ,act may be used to adjust ,mass ,transit ,account apportionments or withhold funds from ,mass ,transit ,account apportionments pursuant to section #iejc7;e77#d7 of the ,internal ,revenue ,code of #aihf in fiscal year #bjba4 #ajd4 ,national ,highway ,traffic ,safety ,administration 7a7 ,special funding for fiscal year #bjba 7#a7 ,in general 7,a7 ,authorization of appropriations ,in addition to amounts authorized under section #aja1 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba1 for activities under this subsection1 #bdd1ead1jjj4 7,b7 ,contract authority ,amounts authorized under subparagraph 7,a7 shall be available for obligation in the same manner as if such funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7,c7 ,obligation limitation ,notwithstanding any other provision of law1 for fiscal year #bjba1 obligations for activities authorized under this paragraph and obligations for activities authorized under section #aja7;a77#b77;,a77i77,,ii77bb7 that exceed amounts authorized under section #djja7;a77#f7 of the ,,fast ,act 7,public ,law #aad-id7 shall not exceed #bdg1ghc1jjj4 7#b7 ,distribution of funds ,amounts authorized to be appropriated for fiscal year #bjba under paragraph 7#a7 shall be distributed as follows3 7,a7 #aje1jjj1jjj for carrying out section #djb of title #bc1 ,united ,states ,code4 7,b7 #ae1cab1jjj for carrying out section #djc of title #bc1 ,united ,states ,code4 7,c7 #ai1bjb1jjj for carrying out section #djd of title #bc1 ,united ,states ,code4 7,d7 #aje1jjj1jjj for carrying out section #dje of title #bc1 ,united ,states ,code4 7b7 ,special rules for fiscal year #bjba 7#a7 ,federal share ,notwithstanding sections #abj1 #dje7;b77#b71 #dje7;c77#b71 #dje7;d77#b7 and #dje7;h77#b7 of title #bc1 ,united ,states ,code1 the ,federal share of activities for fiscal year #bjba carried out under chapter #d of title #bc1 ,united ,states ,code and section #aijf of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7 shall be #ajj percent4 7#b7 ,period of availability ,notwithstanding section #aah7;b7 of title #bc1 ,united ,states ,code1 funds apportioned or allocated to a ,state in fiscal years #bjag and #bjah under sections #djb and #dje of title #bc1 ,united ,states ,code1 and section #aijf of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note71 shall remain available for obligation in that ,state for a period of #d years after the last day of the fiscal year for which the funds are authorized4 ,notwithstanding any other provision of law1 this paragraph shall apply as if such paragraph was enacted on ,september #cj1 #bjbj4 7#c7 ,maintenance of effort ,notwithstanding section #dje7;a77#i7 of title #bc1 ,united ,states ,code1 the ,secretary may waive the maintenance of effort requirements under such section for fiscal year #bjba for a ,state1 if the ,secretary determines appropriate4 7#d7 ,in-vehicle alcohol detection device research ,in carrying out subsection 7h7 of section #djc of title #bc1 ,united ,states ,code1 the ,secretary may obligate from funds made available to carry out such section for fiscal year #bjba not more than #e1cab1jjj to conduct the research described in paragraph 7#a7 of such subsection4 7#e7 ,cooperative research and evaluation ,notwithstanding the apportionment formula set forth in section #djb7;c77#b7 of title #bc1 ,united ,states ,code1 and section #djc7;f77#a7 of title #bc1 ,united ,states ,code1 #b1ejj1jjj of the total amount available for apportionment to the ,states for highway safety programs under section #djb7;c77#b7 of title #bc1 ,united ,states ,code1 for each of fiscal years #bjaf through #bjba1 shall be available for expenditure by the ,secretary1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures4 ,this paragraph shall apply as if such paragraph was enacted on ,october #a1 #bjae4 #aje4 ,federal ,motor ,carrier ,safety ,administration 7a7 ,special funding for fiscal year #bjba 7#a7 ,authorization of appropriations 7,a7 ,in general ,in addition to amounts authorized under section #aja1 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba1 for activities under this subsection1 #bji1ijj1jjj4 7,b7 ,obligation limitation ,notwithstanding any other provision of law1 for fiscal year #bjba1 obligations for activities authorized under this paragraph shall not exceed #bji1ijj1jjj4 7#b7 ,distribution of funds ,amounts authorized to be appropriated for fiscal year #bjba under paragraph 7#a7 shall be distributed as follows3 7,a7 ,subject to section #caajd7;c7 of title #di1 ,united ,states ,code-- 7i7 #hj1eab1jjj for carrying out section #caajb 7except subsection 7l77 of title #di1 ,united ,states ,code72 7ii7 #ad1bjh1jjj for carrying out section #caajb7l7 of title #di1 ,united ,states ,code2 and 7iii7 #bc1fhj1jjj for carrying out section #cacac of title #di1 ,united ,states ,code4 7,b7 #ia1ejj1jjj for carrying out section #caaaj of title #di1 ,united ,states ,code4 7#c7 ,treatment of funds ,except as provided in subsection 7b71 amounts made available under this section shall be made available for obligation and administered as if made available under chapter #caa of title #di1 ,united ,states ,code4 7b7 ,special rules for fiscal year #bjba 7#a7 ,financial assistance agreements ,federal share ,notwithstanding chapter #caa of title #di1 ,united ,states ,code1 or any regulations adopted pursuant to such chapter1 for the duration of fiscal year #bjba with respect to all financial assistance made available under subsection 7a7 and section #aja1 the ,secretary of ,transportation may-- 7,a7 reimburse recipients under section #caajd7;b77#b7 of title #di1 ,united ,states ,code1 in an amount that is #ajj percent of the costs described in such section2 and 7,b7 waive the maintenance of effort requirement under #caajb7;f7 of title #di1 ,united ,states ,code1 for all ,states without requiring ,states to request a waiver4 7#b7 ,financial assistance agreements period of availability ,notwithstanding section #caajd7;f7 of title #di1 ,united ,states ,code1 the ,secretary shall extend the periods of availability described in such section by #a year4 7#c7 ,administrative expenses ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall ensure that funds made available under subsection 7a77#b77;,b7 are used1 to the maximum extent practicable1 to support-- 7,a7 the acceleration of planned investments to modernize the ,administration's information technology and information management systems2 7,b7 the completion of outstanding statutory mandates required by ,,map-#ba 7#aab-ada7 and the ,,fast ,act 7#aad-id72 and 7,c7 a ,large ,truck ,crash ,causal ,factors ,study of the ,administration4 #ajf4 ,high priority corridors on ,national ,highway ,system 7a7 ,identification 7#a7 ,central ,texas ,corridor ,section #aaje7;c77#hd7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended to read as follows3 7#hd7 ,the ,central ,texas ,corridor1 including the route-- 7,a7 commencing in the vicinity of ,texas ,highway #cch in ,odessa1 ,texas1 running eastward generally following ,interstate ,route #bj1 connecting to ,texas ,highway #aeh in the vicinity of ,midland1 ,texas1 then following ,texas ,highway #aeh eastward to ,united ,states ,route #hg and then following ,united ,states ,route #hg southeastward1 passing in the vicinity of ,san ,angelo1 ,texas1 and connecting to ,united ,states ,route #aij in the vicinity of ,brady1 ,texas2 7,b7 commencing at the intersection of ,interstate ,route #aj and ,united ,states ,route #aij in ,pecos ,county1 ,texas1 and following ,united ,states ,route #aij to ,brady1 ,texas2 7,c7 following portions of ,united ,states ,route #aij eastward1 passing in the vicinity of ,fort ,hood1 ,killeen1 ,belton1 ,temple1 ,bryan1 ,college ,station1 ,huntsville1 ,livingston1 ,woodville1 and ,jasper1 to the logical terminus of ,texas ,highway #fc at the ,sabine ,river ,bridge at ,burrs ,crossing and including a loop generally encircling ,bryan_/,college ,station1 ,texas2 7,d7 following ,united ,states ,route #hc southward from the vicinity of ,eden1 ,texas1 to a logical connection to ,interstate ,route #aj at ,junction1 ,texas2 7,e7 following ,united ,states ,route #fi from ,interstate ,route #aj in ,beaumont1 ,texas1 north to ,united ,states ,route #aij in the vicinity of ,woodville1 ,texas2 7,f7 following ,united ,states ,route #if from ,interstate ,route #aj in ,beaumont1 ,texas1 north to ,united ,states ,route #aij in the vicinity of ,jasper1 ,texas2 and 7,g7 following ,united ,states ,route #aij1 ,state ,highway #cje1 and ,united ,states ,route #che from ,interstate ,route #aj in ,pecos ,county1 ,texas to ,interstate #bj at ,odessa1 ,texas4 4 7#b7 ,central ,louisiana ,corridor ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended by adding at the end the following3 7#ia7 ,the ,central ,louisiana ,corridor commencing at the logical terminus of ,louisiana ,highway #h at the ,sabine ,river ,bridge at ,burrs ,crossing and generally following portions of ,louisiana ,highway #h to ,leesville1 ,louisiana1 and then eastward on ,louisiana ,highway #bh1 passing in the vicinity of ,alexandria1 ,pineville1 ,walters1 and ,archie1 to the logical terminus of ,united ,states ,route #hd at the ,mississippi ,river ,bridge at ,vidalia1 ,louisiana4 4 7#c7 ,central ,mississippi ,corridor ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia1 as amended by this ,act1 is further amended by adding at the end the following3 7#ib7 ,the ,central ,mississippi ,corridor1 including the route-- 7,a7 commencing at the logical terminus of ,united ,states ,route #hd at the ,mississippi ,river and then generally following portions of ,united ,states ,route #hd passing in the vicinity of ,natchez1 ,brookhaven1 ,monticello1 ,prentiss1 and ,collins1 to ,interstate #ei in the vicinity of ,laurel1 ,mississippi1 and continuing on ,interstate ,route #ei north to ,interstate ,route #bj and on ,interstate ,route #bj to the ,mississippi-,alabama ,state ,border2 and 7,b7 commencing in the vicinity of ,laurel1 ,mississippi1 running south on ,interstate ,route #ei to ,united ,states ,route #ih in the vicinity of ,hattiesburg1 connecting to ,united ,states ,route #di south then following ,united ,states ,route #di south to ,interstate ,route #aj in the vicinity of ,gulfport and following ,mississippi ,route #fja southerly terminating near the ,mississippi ,state ,port at ,gulfport4 4 7#d7 ,middle ,alabama ,corridor ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia1 as amended by this ,act1 is further amended by adding at the end the following3 7#ic7 ,the ,middle ,alabama ,corridor including the route-- 7,a7 beginning at the ,alabama-,mississippi ,border generally following portions of ,i-#bj until following a new interstate extension paralleling ,united ,states ,highway #hj specifically3 7,b7 crossing ,alabama ,route #bh near ,coatopa1 ,alabama1 traveling eastward crossing ,united ,states ,highway #dc and ,alabama ,route #fi near ,selma1 ,alabama1 traveling eastwards closely paralleling ,united ,states ,highway #hj to the south crossing over ,alabama ,routes #bb1 #da1 and #ba1 until its intersection with ,i-#fe near ,hope ,hull1 ,alabama2 7,c7 continuing east along the proposed ,montgomery ,outer ,loop south of ,montgomery1 ,alabama where it would next join with ,i-#he east of ,montgomery1 ,alabama2 7,d7 continuing along ,i-#he east bound until its intersection with ,united ,states ,highway #bhj near ,opelika1 ,alabama or ,united ,states ,highway #hj near ,tuskegee1 ,alabama2 and 7,e7 generally following the most expedient route until intersecting with existing ,united ,states ,highway #hj 7,,jr ,allen ,parkway7 through ,phenix ,city until continuing into ,columbus1 ,georgia4 4 7#e7 ,middle ,georgia ,corridor ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia1 as amended by this ,act1 is further amended by adding at the end the following3 7#id7 ,the ,middle ,georgia ,corridor including the route-- 7,a7 beginning at the ,alabama-,georgia ,border generally following the ,fall ,line ,freeway from ,columbus ,georgia to ,augusta1 ,georgia specifically3 7,b7 travelling along ,united ,states ,route #hj 7,,jr ,allen ,parkway7 through ,columbus1 ,georgia and near ,fort ,benning1 ,georgia1 east to ,talbot ,county1 ,georgia where it would follow ,georgia ,route #if1 then commencing on ,georgia ,route #di;,c 7,fort ,valley ,bypass7 to ,georgia ,route #di 7,peach ,parkway7 to its intersection with ,interstate route #ge in ,byron1 ,georgia2 7,c7 continuing north along ,interstate ,route #ge through ,warner ,robins and ,macon1 ,georgia where it would meet ,interstate ,route #af4 ,following ,interstate #af east it would next join ,united ,states ,route #hj and then onto ,state ,route #eg2 and 7,d7 commencing with ,state ,route #eg which turns into ,state ,route #bd near ,milledgeville1 ,georgia would then bypass ,wrens1 ,georgia with a newly constructed bypass4 ,after the bypass it would join ,united ,states ,route #a near ,fort ,gordon into ,augusta1 ,georgia where it will terminate at ,interstate ,route #ebj4 4 7b7 ,inclusion of certain segments on interstate system ,section #aaje7;e77#e77;,a7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended in the first sentence-- 7#a7 by inserting subsection 7c77#hd71 after subsection 7c77#hc712 and 7#b7 by striking and subsection 7c77#ij7 and inserting subsection 7c77#ij71 subsection 7c77#ia71 subsection 7c77#ib71 subsection 7c77#ic71 and subsection 7c77#id74 7c7 ,designation ,section #aaje7;e77#e77;,c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended by striking ,the route referred to in subsection 7c77#hd7 is designated as ,interstate ,route ,i-#ad4 and inserting ,the route referred to in subsection 7c77#hd77;,a7 is designated as ,interstate ,route ,i-#ad ,north4 ,the route referred to in subsection 7c77#hd77;,b7 is designated as ,interstate ,route ,i-#ad ,south4 ,the ,bryan_/,college ,station1 ,texas loop referred to in subsection 7c77#hd7 is designated as ,interstate ,route ,i-#bad4 ,the routes referred to in subparagraphs 7,c71 7,d71 7,e71 7,f71 and 7,g7 of subsection 7c77#hd7 and in subsections 7c77#ia71 7c77#ib71 7c77#ic71 and 7c77#id7 are designated as ,interstate ,route ,i-#ad44 #ajg4 ,definitions ,in this division1 the following definitions apply3 7#a7 ,highway ,account ,the term ,highway ,account means the portion of the ,highway ,trust ,fund that is not the ,mass ,transit ,account4 7#b7 ,mass ,transit ,account ,the term ,mass ,transit ,account means the portion of the ,highway ,trust ,fund established under section #iejc7;e77#a7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #ajh4 ,accessibility of public transportation for residents of areas of concentrated poverty ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,transportation shall submit to ,congress a report that includes-- 7#a7 a description of the unique challenges that residents of areas of concentrated poverty face when riding public transportation2 and 7#b7 an assessment of how accessible public transportation that receives ,federal funds is for residents of areas of concentrated poverty4 ,b ,surface ,transportation #ajja4 ,applicability of division 7a7 ,applicability ,this division1 including the amendments made by this division1 applies beginning on ,october #a1 #bjba4 7b7 ,reference to date of enactment ,in this division and the amendments made by this division1 any reference to-- 7#a7 the date of enactment of this ,act2 7#b7 the date of enactment of a provision of this division2 7#c7 the date of enactment of a provision added to law by an amendment made by this division2 or 7#d7 the date of enactment of the ,,invest in ,america ,act added to law by an amendment made by this division1 shall be treated as a reference to ,october #a1 #bjba4 7c7 ,exception for immediate application ,subsections 7a7 and 7b7 shall not apply to section #aaje and the amendments made by such section4 ,i ,federal-,aid ,highways ,a ,authorizations and ,program ,conditions #aaja4 ,authorization of appropriations 7a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,federal-aid highway program ,for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 the pre-disaster mitigation program under section #abd of such title1 the railway crossings program under section #acj of such title1 the surface transportation program under section #acc of such title1 the highway safety improvement program under section #adh of such title1 the congestion mitigation and air quality improvement program under section #adi of such title1 the national highway freight program under section #afg of such title1 the carbon pollution reduction program under section #aga of such title1 and metropolitan planning under section #acd of such title-- 7,a7 #ee1jbb1jdh1dbi for fiscal year #bjbb2 7,b7 #ee1ihj1fdf1ggf for fiscal year #bjbc2 7,c7 #eg1jie1cei1gab for fiscal year #bjbd2 and 7,d7 #eh1aah1fff1ahf for fiscal year #bjbe4 7#b7 ,transportation infrastructure finance and innovation program ,for credit assistance under the transportation infrastructure finance and innovation program under chapter #f of title #bc1 ,united ,states ,code1 #cjj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#c7 ,construction of ferry boats and ferry terminal facilities ,for construction of ferry boats and ferry terminal facilities under section #adg of title #bc1 ,united ,states ,code1 #abj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#d7 ,federal lands and tribal transportation programs 7,a7 ,tribal transportation program ,for the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code1 #hjj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,b7 ,federal lands transportation program 7i7 ,in general ,for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code1 #eej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7ii7 ,allocation ,of the amount made available for a fiscal year under clause 7i7-- 7,i7 the amount for the ,national ,park ,service is #djj1jjj1jjj for each of fiscal years #bjbb through #bjbe2 7,,ii7 the amount for the ,united ,states ,fish and ,wildlife ,service is #ej1jjj1jjj for each of fiscal years #bjbb through #bjbe2 and 7,,iii7 the amount for the ,united ,states ,forest ,service is #ej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,c7 ,federal lands access program ,for the ,federal lands access program under section #bjd of title #bc1 ,united ,states ,code1 #cde1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,d7 ,federal lands and tribal major projects grants ,to carry out section #bjh of title #bc1 ,united ,states ,code1 #djj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#e7 ,territorial and ,puerto ,rico highway program ,for the territorial and ,puerto ,rico highway program under section #afe of title #bc1 ,united ,states ,code1 #caj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#f7 ,projects of national and regional significance ,for projects of national and regional significance under section #aag of title #bc1 ,united ,states ,code-- 7,a7 #b1bjj1jjj1jjj for fiscal year #bjbb2 7,b7 #b1bjj1jjj1jjj for fiscal year #bjbc2 7,c7 #b1cjj1jjj1jjj for fiscal year #bjbd2 and 7,d7 #b1cej1jjj1jjj for fiscal year #bjbe4 7#g7 ,community transportation investment grants ,to carry out section #agc of title #bc1 ,united ,states ,code1 #fjj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#h7 ,electric vehicle charging1 natural gas fueling1 propane fueling1 and hydrogen fueling infrastructure grants ,to carry out section #aea7;f7 of title #bc1 ,united ,states ,code1 #cej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#i7 ,community climate innovation grants ,to carry out section #agb of title #bc1 ,united ,states ,code1 #bej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7b7 ,additional programs 7#a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7,a7 ,gridlock reduction grant program ,to carry out section #acjf of this ,act1 #bej1jjj1jjj for fiscal year #bjbb4 7,b7 ,rebuild rural grant program ,to carry out section #acjg of this ,act1 #bej1jjj1jjj for fiscal year #bjbb4 7,c7 ,parking for commercial motor vehicles ,to carry out section #acjh of this ,act1 #bej1jjj1jjj for fiscal year #bjbc4 7,d7 ,active transportation connectivity grant program ,to carry out section #acji of this ,act1 #bej1jjj1jjj for fiscal year #bjbd4 7,e7 ,metro performance program ,to carry out section #acje of this ,act1 #bej1jjj1jjj for each of fiscal years #bjbc through #bjbe4 7#b7 ,treatment of funds ,amounts made available under subparagraphs 7,b7 through 7,d7 of paragraph 7#a7 shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7c7 ,disadvantaged business enterprises 7#a7 ,findings ,congress finds that-- 7,a7 despite the real improvements caused by the disadvantaged business enterprise program1 minority- and women-owned businesses across the country continue to confront serious and significant obstacles to success caused by race and gender discrimination in the federally assisted surface transportation market and related markets across the ,united ,states2 7,b7 the continuing race and gender discrimination described in subparagraph 7,a7 merits the continuation of the disadvantaged business enterprise program2 7,c7 recently1 the disparities cause by discrimination against ,african ,american1 ,hispanic ,american1 ,asian ,american1 ,native ,american1 and women business owners have been further exacerbated by the coronavirus pandemic and its disproportionate effects on minority- and women-owned businesses across the nation2 7,d7 ,congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources1 including congressional hearings and other investigative activities1 scientific reports1 reports issued by public and private agencies at every level of government1 news reports1 academic publications1 reports of discrimination by organizations and individuals1 and discrimination lawsuits1 which continue to demonstrate that race- and gender-neutral efforts alone are insufficient to address the problem2 7,e7 the testimony and documentation described in subparagraph 7,d7 demonstrate that discrimination across the ,united ,states poses an injurious and enduring barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has negatively affected firm formation1 development and success in many aspects of surface transportation-related business in the public and private markets2 and 7,f7 the testimony and documentation described in subparagraph 7,d7 provide a clear picture of the inequality caused by discrimination that continues to plague our nation and a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business4 7#b7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,small business concern ,the term small business concern means a small business concern 7as the term is used in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7,b7 ,socially and economically disadvantaged individuals ,the term socially and economically disadvantaged individuals has the meaning given the term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to that ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection4 7#c7 ,amounts for small business concerns ,except to the extent that the ,secretary of ,transportation determines otherwise1 not less than #aj percent of the amounts made available for any program under titles ,i1 ,,ii1 ,v1 and ,,vii of this division and section #djc of title #bc1 ,united ,states ,code1 shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals4 7#d7 ,annual listing of disadvantaged business enterprises ,each ,state shall annually-- 7,a7 survey and compile a list of the small business concerns referred to in paragraph 7#c7 in the ,state1 including the location of the small business concerns in the ,state2 and 7,b7 notify the ,secretary1 in writing1 of the percentage of the small business concerns that are controlled by-- 7i7 women2 7ii7 socially and economically disadvantaged individuals 7other than women72 and 7iii7 individuals who are women and are otherwise socially and economically disadvantaged individuals4 7#e7 ,uniform certification 7,a7 ,in general ,the ,secretary of ,transportation shall establish minimum uniform criteria for use by ,state governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection4 7,b7 ,inclusions ,the minimum uniform criteria established under subparagraph 7,a7 shall include1 with respect to a potential small business concern-- 7i7 on-site visits2 7ii7 personal interviews with personnel2 7iii7 issuance or inspection of licenses2 7iv7 analyses of stock ownership2 7v7 listings of equipment2 7vi7 analyses of bonding capacity2 7vii7 listings of work completed2 7viii7 examination of the resumes of principal owners2 7ix7 analyses of financial capacity2 and 7x7 analyses of the type of work preferred4 7#f7 ,reporting ,the ,secretary of ,transportation shall establish minimum requirements for use by ,state governments in reporting to the ,secretary-- 7,a7 information concerning disadvantaged business enterprise awards1 commitments1 and achievements2 and 7,b7 such other information as the ,secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program4 7#g7 ,compliance with court orders ,nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles ,i1 ,,ii1 ,v1 and ,,vii of this division and section #djc of title #bc1 ,united ,states ,code1 if the entity or person is prevented1 in whole or in part1 from complying with paragraph 7#c7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of paragraph 7#c7 is unconstitutional4 7#h7 ,sense of ,congress on prompt payment of ,,dbe subcontractors ,it is the sense of ,congress that-- 7,a7 the ,secretary of ,transportation should take additional steps to ensure that recipients comply with section #bf4bi of title #di1 ,code of ,federal ,regulations 7the disadvantaged business enterprises prompt payment rule71 or any corresponding regulation1 in awarding federally funded transportation contracts under laws and regulations administered by the ,secretary2 and 7,b7 such additional steps should include increasing the ,department of ,transportation's ability to track and keep records of complaints and to make that information publicly available4 7d7 ,limitation on financial assistance for state-,owned enterprises 7#a7 ,in general ,funds provided under this section may not be used in awarding or exercising an option on a previously awarded contract1 a contract1 subcontract1 grant1 or loan to an entity that is owned or controlled by1 is a subsidiary of1 or is otherwise related legally or financially to a corporation based in a country that-- 7,a7 is identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of this ,act2 7,b7 was identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 and 7,c7 is subject to monitoring by the ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 7#b7 ,exception ,for purposes of paragraph 7#a71 the term otherwise related legally or financially does not include a minority relationship or investment4 7#c7 ,international agreements ,this subsection shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 #aajb4 ,obligation limitation 7a7 ,general limitation ,subject to subsection 7e71 and notwithstanding any other provision of law1 the obligations for ,federal-aid highway and highway safety construction programs shall not exceed-- 7#a7 #fb1aei1cej1ied for fiscal year #bjbb2 7#b7 #fc1aba1ced1ggf for fiscal year #bjbc2 7#c7 #fd1cdf1ddc1gab for fiscal year #bjbd2 and 7#d7 #fe1ahj1abe1ahf for fiscal year #bjbe4 7b7 ,exceptions ,the limitations under subsection 7a7 shall not apply to obligations under or for-- 7#a7 section #abe of title #bc1 ,united ,states ,code2 7#b7 section #adg of the ,surface ,transportation ,assistance ,act of #aigh 7#bc ,u4,s4,c4 #add note2 #ib ,stat4 #bgad72 7#c7 section #i of the ,federal-,aid ,highway ,act of #aiha 7#ie ,stat4 #agja72 7#d7 subsections 7b7 and 7j7 of section #aca of the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #baai72 7#e7 subsections 7b7 and 7c7 of section #adi of the ,surface ,transportation and ,uniform ,relocation ,assistance ,act of #aihg 7#aja ,stat4 #aih72 7#f7 sections #aajc through #aajh of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj72 7#g7 section #aeg of title #bc1 ,united ,states ,code 7as in effect on ,june #h1 #aiih72 7#h7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #aiih through #bjjd1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#i7 ,federal-aid highway programs for which obligation authority was made available under the ,transportation ,equity ,act for the #bast ,century 7#aab ,stat4 #ajg7 or subsequent ,acts for multiple years or to remain available until expended1 but only to the extent that the obligation authority has not lapsed or been used2 7#aj7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjje through #bjab1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#aa7 section #afjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aah note2 #aai ,stat4 #abdh71 to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation2 7#ab7 section #aai of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjac through #bjae1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#ac7 section #aai of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjaf through #bjba1 only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#ad7 section #bjc of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjbb through #bjbe1 only in an amount equal to #eej1jjj1jjj for each of those fiscal years72 and 7#ae7 section #acc7;d77#a77;,b7 of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjbb through #bjbe1 only in an amount equal to #hi1jjj1jjj for each of those fiscal years74 7c7 ,distribution of obligation authority ,subject to paragraph 7#a77;,b71 for each of fiscal years #bjbb through #bjbe1 the ,secretary of ,transportation-- 7#a7 7,a7 shall not distribute obligation authority provided by subsection 7a7 for the fiscal year for-- 7i7 amounts authorized for administrative expenses and programs by section #ajd7;a7 of title #bc1 ,united ,states ,code2 7ii7 amounts authorized for the ,bureau of ,transportation ,statistics2 7iii7 amounts authorized for the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code2 and 7iv7 amounts authorized for the territorial and ,puerto ,rico highway program under section #afe7;a7 of title #bc1 ,united ,states ,code2 and 7,b7 for each of fiscal years #bjbc through #bjbe1 in addition to the amounts described in subparagraph 7,a71 shall not distribute obligation authority provided by subsection 7a7 for the fiscal year for amounts authorized for the metro performance program under section #acje of this ,act2 7#b7 shall not distribute an amount of obligation authority provided by subsection 7a7 that is equal to the unobligated balance of amounts-- 7,a7 made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for ,federal-aid highway and highway safety construction programs for previous fiscal years1 the funds for which are allocated by the ,secretary 7or apportioned by the ,secretary under section #bjb or #bjd of title #bc1 ,united ,states ,code72 and 7,b7 for which obligation authority was provided in a previous fiscal year2 7#c7 shall determine the proportion that-- 7,a7 the obligation authority provided by subsection 7a7 for the fiscal year1 less the aggregate of amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 bears to 7,b7 the total of-- 7i7 the sums authorized to be appropriated for the ,federal-aid highway and highway safety construction programs1 other than sums authorized to be appropriated for-- 7,i7 provisions of law described in paragraphs 7#a7 through 7#ac7 of subsection 7b72 7,,ii7 section #bjc of title #bc1 ,united ,states ,code1 equal to the amount referred to in subsection 7b77#ad7 for the fiscal year2 and 7,,iii7 section #acc7;d77#a77;,b7 of title #bc1 ,united ,states ,code1 equal to the amount referred to in subsection 7b77#ae7 for the fiscal year2 less 7ii7 the aggregate of the amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 7#d7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b71 for each of the programs 7other than programs to which paragraph 7#a7 applies7 that are allocated by the ,secretary under this ,act and title #bc1 ,united ,states ,code1 or apportioned by the ,secretary under section #bjb or #bjd of such title1 by multiplying-- 7,a7 the proportion determined under paragraph 7#c72 by 7,b7 the amounts authorized to be appropriated for each such program for the fiscal year2 and 7#e7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b7 and the amounts distributed under paragraph 7#d71 for ,federal-aid highway and highway safety construction programs that are apportioned by the ,secretary under title #bc1 ,united ,states ,code 7other than the amounts apportioned for the surface transportation program in section #acc7;d77#a77;,b7 of title #bc1 ,united ,states ,code1 that are exempt from the limitation under subsection 7b77#ae7 and the amounts apportioned under sections #bjb and #bjd of such title7 in the proportion that-- 7,a7 amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to each ,state for the fiscal year2 bears to 7,b7 the total of the amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to all ,states for the fiscal year4 7d7 ,redistribution of unused obligation authority ,notwithstanding subsection 7c71 the ,secretary of ,transportation shall1 after ,august #a of each of fiscal years #bjbb through #bjbe-- 7#a7 revise a distribution of the obligation authority made available under subsection 7c7 if an amount distributed cannot be obligated during that fiscal year2 and 7#b7 redistribute sufficient amounts to those ,states able to obligate amounts in addition to those previously distributed during that fiscal year1 giving priority to those ,states having large unobligated balances of funds apportioned under section #ajd of title #bc1 ,united ,states ,code4 7e7 ,special limitation 7#a7 ,in general ,except as provided in paragraph 7#b71 obligation limitations imposed by subsection 7a7 shall apply to contract authority for-- 7,a7 transportation research programs carried out under chapter #e of title #bc1 ,united ,states ,code1 and title ,v of this ,act2 and 7,b7 the metro performance program under section #acje of this ,act4 7#b7 ,exception ,obligation authority made available under paragraph 7#a7 shall-- 7,a7 remain available for a period of #d fiscal years2 and 7,b7 be in addition to the amount of any limitation imposed on obligations for ,federal-aid highway and highway safety construction programs for future fiscal years4 7f7 ,lop-,off 7#a7 ,in general ,not later than #cj days after the date of distribution of obligation authority under subsection 7c7 for each of fiscal years #bjbb through #bjbe1 the ,secretary of ,transportation shall distribute to the ,states any funds that-- 7,a7 are authorized to be appropriated for the fiscal year for ,federal-aid highway programs2 and 7,b7 the ,secretary determines will not be allocated to the ,states 7or will not be apportioned to the ,states under section #bjd of title #bc1 ,united ,states ,code71 and will not be available for obligation1 for the fiscal year because of the imposition of any obligation limitation for the fiscal year4 7#b7 ,ratio ,funds shall be distributed under paragraph 7#a7 in the same proportion as the distribution of obligation authority under subsection 7c77#e74 7#c7 ,availability ,funds distributed to each ,state under paragraph 7#a7 shall be available for any purpose described in section #acc7;b7 of title #bc1 ,united ,states ,code4 #aajc4 ,definitions and declaration of policy ,section #aja of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 7#bh71 7#bi71 7#cj71 7#ca71 7#cb71 7#cc71 and 7#cd7 as paragraphs 7#b71 7#c71 7#d71 7#f71 7#h71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bc71 7#bd71 7#be71 7#bf71 7#bh71 7#bi71 7#cb71 7#cc71 7#cd71 7#ce71 7#cf71 7#cg71 7#ch71 7#dj71 7#da71 7#db71 7#dc71 and 7#dd71 respectively2 7,b7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 ,adaptation ,the term adaptation means an adjustment in natural or human systems in anticipation of1 or in response to1 a changing environment in a way that moderates negative effects of extreme events or climate change4 2 7,c7 by inserting after paragraph 7#d71 as so redesignated1 the following3 7#e7 ,climate change ,the term climate change means any significant change in the measures of climate lasting for an extended period of time1 and may include major changes in temperature1 precipitation1 wind patterns1 or sea level1 among others1 that occur over several decades or longer4 2 7,d7 in paragraph 7#f77;,a71 as so redesignated1 by inserting assessing resilience1 after surveying12 7,e7 by inserting after paragraph 7#f71 as so redesignated1 the following3 7#g7 ,context sensitive design principles ,the term context sensitive design principles means principles for the design of a public road that-- 7,a7 provides for the safe and adequate accommodation1 in all phases of project planning1 design1 and development1 transportation facilities for users1 including pedestrians1 bicyclists1 public transportation users1 children1 older individuals1 individuals with disabilities1 motorists1 and freight vehicles2 and 7,b7 considers the context in which the facility is planned to be constructed to determine the appropriate facility design4 2 7,f7 by inserting after paragraph 7#h71 as so redesignated1 the following3 7#i7 ,evacuation route ,the term evacuation route means a transportation route or system that-- 7,a7 is used to transport-- 7i7 the public away from an emergency event2 or 7ii7 first responders and recovery resources in the event of an emergency2 and 7,b7 is identified1 consistent with sections #acd7;i77#b77;,i77iii7 and #ace7;f77#aj77;,c77iii71 by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph 7,a74 2 7,g7 by inserting after paragraph 7#ad71 as so redesignated1 the following3 7#ae7 ,greenhouse gas ,the term greenhouse gas has the meaning given the term in section #baa7o77#a77;,g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,g774 2 7,h7 by inserting after paragraph 7#ba71 as so redesignated1 the following3 7#bb7 ,natural infrastructure 7,a7 ,in general ,the term natural infrastructure means infrastructure that uses1 restores1 or emulates natural ecological processes that-- 7i7 is created through the action of natural physical1 geological1 biological1 and chemical processes over time2 7ii7 is created by human design1 engineering1 and construction to emulate or act in concert with natural processes2 or 7iii7 involves the use of plants1 soils1 and other natural features1 including through the creation1 restoration1 or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff1 to attenuate flooding and storm surges1 and for other related purposes4 7,b7 ,inclusion ,the term natural infrastructure includes green infrastructure and nature-based solutions4 2 7,i7 by inserting after paragraph 7#bf71 as so redesignated1 the following3 7#bg7 ,protective feature 7,a7 ,in general ,the term protective feature means an improvement to a highway or bridge designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects1 extreme events1 seismic activity1 or any other natural disaster4 7,b7 ,inclusions ,the term protective feature includes-- 7i7 raising roadway grades2 7ii7 relocating roadways to higher ground above projected flood elevation levels or away from slide prone areas2 7iii7 stabilizing slide areas2 7iv7 stabilizing slopes2 7v7 lengthening or raising bridges to increase waterway openings2 7vi7 increasing the size or number of drainage structures2 7vii7 replacing culverts with bridges or upsizing culverts2 7viii7 installing seismic retrofits on bridges2 7ix7 scour1 stream stability1 coastal1 and other hydraulic countermeasures2 and 7x7 the use of natural infrastructure4 2 7,j7 by inserting after paragraph 7#bi71 as so redesignated1 the following3 7#cj7 ,repeatedly damaged facility ,the term repeatedly damaged facility means a road1 highway1 or bridge that has required repair and reconstruction activities on #b or more occasions due to natural disasters or catastrophic failures resulting in emergencies declared by the ,governor of the ,state in which the road1 highway1 or bridge is located or emergencies or major disasters declared by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7#ca7 ,resilience 7,a7 ,in general ,the term resilience means1 with respect to a facility1 the ability to-- 7i7 anticipate1 prepare for1 or adapt to conditions2 or 7ii7 withstand1 respond to1 or recover rapidly from disruptions4 7,b7 ,inclusions ,such term includes1 with respect to a facility1 the ability to-- 7i7 resist hazards or withstand impacts from disruptions2 7ii7 reduce the magnitude1 duration1 or impact of a disruption2 or 7iii7 have the absorptive capacity1 adaptive capacity1 and recoverability to decrease vulnerability to a disruption4 2 7,k7 by inserting after paragraph 7#ch71 as so redesignated1 the following3 7#ci7 ,transportation system access ,the term transportation system access means the ability to travel by automobile1 public transportation1 pedestrian1 and bicycle networks1 measured by travel time1 taking into consideration-- 7,a7 the impacts of the level of travel stress for non-motorized users2 7,b7 costs for low-income travelers2 and 7,c7 the extent to which transportation access is impacted by zoning policies and land use planning practices that effect the affordability1 elasticity1 and diversity of the housing supply4 2 and 7,l7 by adding at the end the following3 7#de7 ,transportation demand management2 ,,tdm ,the terms transportation demand management and ,,tdm mean the use of strategies to inform and encourage travelers to maximize the efficiency of a transportation system leading to improved mobility1 reduced congestion1 and lower vehicle emissions4 7#df7 ,transportation demand management strategies ,the term transportation demand management strategies means the use of planning1 programs1 policy1 marketing1 communications1 incentives1 pricing1 and technology to shift travel mode1 routes used1 departure times1 number of trips1 and location and design work space or public attractions4 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7 by striking ,defense1 and inserting ,defense ,highways12 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7 by striking ,century and inserting century2 7ii7 in subparagraph 7,g7 by striking 2 and and inserting a semicolon2 7iii7 in subparagraph 7,h7 by striking ,century4 and inserting century22 and 7iv7 by adding at the end the following3 7,i7 safety is the highest priority of the ,department of ,transportation1 and the ,secretary and ,states should take all actions necessary to meet the transportation needs of the #bast century for all road users2 7,j7 climate change presents a significant risk to safety1 the economy1 and national security1 and reducing the contributions of the transportation system to the ,nation's total carbon pollution is critical2 and 7,k7 the ,secretary and ,states should take appropriate measures and ensure investments to increase the resilience of the ,nation's transportation system4 2 and 7,c7 in paragraph 7#d77;,a7 by inserting while ensuring that environmental protections are maintained after review process4 #aajd4 ,apportionment 7a7 ,in general ,section #ajd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7 by striking subparagraphs 7,a7 through 7,e7 and inserting the following3 7,a7 #ejf1cjb1ebe for fiscal year #bjbb2 7,b7 #eji1gjh1jjj for fiscal year #bjbc2 7,c7 #ebj1jhd1jjj for fiscal year #bjbd2 and 7,d7 #ecj1dei1jjj for fiscal year #bjbe4 2 7#b7 by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,division among programs of ,state's share of apportionment ,the ,secretary shall distribute the amount apportioned to a ,state for a fiscal year under subsection 7c7 among the covered programs as follows3 7#a7 ,national highway performance program ,for the national highway performance program1 #ee4ji percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#b7 ,surface transportation program ,for the surface transportation program1 #bh4dc percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#c7 ,highway safety improvement program ,for the highway safety improvement program1 #f4ai percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#d7 ,congestion mitigation and air quality improvement program 7,a7 ,in general ,for the congestion mitigation and air quality improvement program1 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount for the congestion mitigation and air quality improvement program for all ,states shall be-- 7i7 #b1iac1ibe1hcc for fiscal year #bjbb2 7ii7 #b1ifd1iai1ece for fiscal year #bjbc2 7iii7 #c1jbd1bag1ibf for fiscal year #bjbd2 and 7iv7 #c1jgh1fec1hdi for fiscal year #bjbe4 7,c7 ,state share ,for each fiscal year1 the ,secretary shall distribute among the ,states the amount for the congestion mitigation and air quality improvement program under subparagraph 7,b7 so that each ,state receives an amount equal to the proportion that-- 7i7 the amount apportioned to the ,state for the congestion mitigation and air quality improvement program for fiscal year #bjbj2 bears to 7ii7 the total amount of funds apportioned to all ,states for such program for fiscal year #bjbj4 7#e7 ,national highway freight program ,for the national highway freight program1 #c4ch percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#f7 ,metropolitan planning 7,a7 ,in general ,for metropolitan planning1 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount for metropolitan planning for all ,states shall be-- 7i7 #ejg1ejj1jjj for fiscal year #bjbb2 7ii7 #eaf1cha1bej for fiscal year #bjbc2 7iii7 #ebf1gjh1hge for fiscal year #bjbd2 and 7iv7 #ecf1ahi1fce for fiscal year #bjbe4 7,c7 ,state share ,for each fiscal year1 the ,secretary shall distribute among the ,states the amount for metropolitan planning under subparagraph 7,b7 so that each ,state receives an amount equal to the proportion that-- 7i7 the amount apportioned to the ,state for metropolitan planning for fiscal year #bjbj2 bears to 7ii7 the total amount of funds apportioned to all ,states for metropolitan planning for fiscal year #bjbj4 7#g7 ,railway crossings 7,a7 ,in general ,for the railway crossings program1 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount for the railway crossings program for all ,states shall be #bde1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,c7 ,state share 7i7 ,in general ,for each fiscal year1 the ,secretary shall distribute among the ,states the amount for the railway crossings program under subparagraph 7,b7 as follows3 7,i7 #ej percent of the amount for a fiscal year shall be apportioned to ,states by the formula set forth in section #ajd7;b77#c77;,a7 7as in effect on the day before the date of enactment of ,,map-#ba74 7,,ii7 #ej percent of the amount for a fiscal year shall be apportioned to ,states in the ratio that total public railway-highway crossings in each ,state bears to the total of such crossings in all ,states4 7ii7 ,minimum apportionment ,notwithstanding clause 7i71 for each fiscal year1 each ,state shall receive a minimum of one-half of #a percent of the total amount for the railway crossings program for such fiscal year under subparagraph 7,b74 7#h7 ,predisaster mitigation program ,for the predisaster mitigation program1 #b4if percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#i7 ,carbon pollution reduction program ,for the carbon pollution reduction program1 #c4ie percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7c7 ,calculation of amounts 7#a7 ,state share ,for each of fiscal years #bjbb through #bjbe1 the amount for each ,state shall be determined as follows3 7,a7 ,initial amounts ,the initial amounts for each ,state shall be determined by multiplying-- 7i7 the combined amount authorized for appropriation for the fiscal year for the covered programs2 by 7ii7 the share for each ,state1 which shall be equal to the proportion that-- 7,i7 the amount of apportionments that the ,state received for fiscal year #bjbj2 bears to 7,,ii7 the amount of those apportionments received by all ,states for fiscal year #bjbj4 7,b7 ,adjustments to amounts ,the initial amounts resulting from the calculation under subparagraph 7,a7 shall be adjusted to ensure that each ,state receives an aggregate apportionment equal to at least #ie percent of the estimated tax payments attributable to highway users in the ,state paid into the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 in the most recent fiscal year for which data are available4 7#b7 ,state apportionment ,on ,october #a of fiscal years #bjbb through #bjbe1 the ,secretary shall apportion the sums authorized to be appropriated for expenditure on the covered programs in accordance with paragraph 7#a74 2 7#c7 in subsection 7d77#a77;,a7-- 7,a7 in clause 7i7 by striking paragraphs 7#e77;,d7 and 7#f7 of subsection 7b7 and inserting subsection 7b77#f72 and 7,b7 in clause 7ii7 by striking paragraphs 7#e77;,d7 and 7#f7 of subsection 7b7 and inserting subsection 7b77#f72 and 7#d7 by striking subsections 7h7 and 7i7 and inserting the following3 7h7 ,definition of covered programs ,in this section1 the term covered programs means-- 7#a7 the national highway performance program under section #aai2 7#b7 the surface transportation program under section #acc2 7#c7 the highway safety improvement program under section #adh2 7#d7 the congestion mitigation and air quality improvement program under section #adi2 7#e7 the national highway freight program under section #afg2 7#f7 metropolitan planning under section #acd2 7#g7 the railway crossings program under section #acj2 7#h7 the predisaster mitigation program under section #abd2 and 7#i7 the carbon pollution reduction program under section #aga4 4 7b7 ,federal share payable ,section #abj7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 by striking 7#e77;,d712 and 7#b7 in subparagraph 7,c77i7 by striking 7#e77;,d714 7c7 ,metropolitan transportation planning2 title #bc ,section #acd7p7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 and inserting section #ajd7;b77#f74 7d7 ,statewide and nonmetropolitan transportation planning ,section #ace7;i7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 and inserting section #ajd7;b77#f74 7e7 ,metropolitan transportation planning2 title #di ,section #ecjc7p7 of title #di1 ,united ,states ,code1 is amended by striking section #ajd7;b77#e7 and inserting section #ajd7;b77#f74 #aaje4 ,additional deposits into ,highway ,trust ,fund ,section #aje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking ,,fast ,act and inserting ,,invest in ,america ,act2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a7 by striking to be appropriated each place it appears2 and 7,b7 by adding at the end the following3 7#d7 ,special rule 7,a7 ,adjustment ,in making an adjustment under paragraph 7#a7 for an allocation1 reservation1 or set-aside from an amount authorized from the ,highway ,account or ,mass ,transit ,account described in subparagraph 7,b71 the ,secretary shall-- 7i7 determine the ratio that-- 7,i7 the amount authorized to be appropriated for the allocation1 reservation1 or set-aside from the account for the fiscal year2 bears to 7,,ii7 the total amount authorized to be appropriated for such fiscal year for all programs under such account2 7ii7 multiply the ratio determined under clause 7i7 by the amount of the adjustment determined under subsection 7b77#a77;,b72 and 7iii7 adjust the amount that the ,secretary would have allocated for the allocation1 reservation1 or set-aside for such fiscal year but for this section by the amount calculated under clause 7ii74 7,b7 ,allocations1 reservations1 and set-asides ,the allocations1 reservations1 and set-asides described in this subparagraph are-- 7i7 from the amount made available for a fiscal year for the ,federal lands transportation program under section #bjc1 the amounts allocated for a fiscal year for the ,national ,park ,service1 the ,united ,states ,fish and ,wildlife ,service1 and the ,united ,states ,forest ,service2 7ii7 the amount made available for the ,puerto ,rico highway program under section #afe7;a77#a72 7iii7 the amount made available for the territorial highway program under section #afe7;a77#b72 7iv7 from the amounts made available for a fiscal year for the urbanized areas formula grants under section #ecjg of title #di1 the amounts allocated for a fiscal year for the passenger ferry grant program under section #ecjg7;h7 of such title2 7v7 from the amounts made available for a fiscal year for the formula grants for rural areas under section #ecaa of such title1 the amounts allocated for a fiscal year for public transportation on ,indian reservations2 7vi7 from the amounts made available for a fiscal year for the public transportation innovation program under section #ecab of such title-- 7,i7 the amounts allocated for the zero emission vehicle component assessment under section #ecab7;h7 of such title2 and 7,,ii7 the amounts allocated for the transit cooperative research program under section #ecab7;i7 of such title2 7vii7 from the amounts made available for a fiscal year for the technical assistance and workforce development program of section #ecad of such title1 the amounts allocated for the national transit institute under section #ecad7;c7 of such title2 7viii7 from the amounts made available for a fiscal year for the bus and bus facilities program under section #ecci of such title1 the amounts allocated for a fiscal year for the zero emission grants under section #ecci7;c7 of such title2 7ix7 the amounts made available for growing ,states under section #ecdj7;c7 of such title2 and 7x7 the amounts made available for high density states under section #ecdj7;d7 of such title4 2 7#c7 in subsection 7d7 by inserting and section #ecbd of title #di after section #abe2 7#d7 in subsection 7e7-- 7,a7 by striking ,there is authorized and inserting ,for fiscal year #bjbb and each fiscal year thereafter1 there is authorized2 and 7,b7 by striking for any of fiscal years #bjag through #bjbj2 and 7#e7 in subsection 7f77#a7 by striking section #aajb or #cjah of the ,,fast ,act and inserting any other provision of law4 #aajf4 ,transparency 7a7 ,apportionment ,section #ajd of title #bc1 ,united ,states ,code1 is amended by striking subsection 7g7 and inserting the following3 7g7 ,highway ,trust ,fund transparency and accountability reports 7#a7 ,requirement 7,a7 ,in general ,the ,secretary shall compile data in accordance with this subsection on the use of ,federal-aid highway funds made available under this title4 7,b7 ,user friendly data ,the data compiled under subparagraph 7,a7 shall be in a user friendly format that can be searched1 downloaded1 disaggregated1 and filtered by data category4 7#b7 ,project data 7,a7 ,in general ,not later than #abj days after the end of each fiscal year1 the ,secretary shall make available on the website of the ,department of ,transportation a report that describes-- 7i7 the location of each active project within each ,state during such fiscal year1 including in which congressional district or districts such project is located2 7ii7 the total cost of such project2 7iii7 the amount of ,federal funding obligated for such project2 7iv7 the program or programs from which ,federal funds have been obligated for such project2 7v7 whether such project is located in an area of the ,state with a population of-- 7,i7 less than #e1jjj individuals2 7,,ii7 #e1jjj or more individuals but less than #ej1jjj individuals2 7,,iii7 #ej1jjj or more individuals but less than #bjj1jjj individuals2 or 7,,iv7 #bjj1jjj or more individuals2 7vi7 whether such project is located in an area of persistent poverty1 as defined in section #agb7l72 7vii7 the type of improvement being made by such project1 including categorizing such project as-- 7,i7 a road reconstruction project2 7,,ii7 a new road construction project2 7,,iii7 a new bridge construction project2 7,,iv7 a bridge rehabilitation project2 or 7,v7 a bridge replacement project2 and 7viii7 the functional classification of the roadway on which such project is located4 7,b7 ,interactive map ,in addition to the data made available under subparagraph 7,a71 the ,secretary shall make available on the website of the ,department of ,transportation an interactive map that displays1 for each active project1 the information described in clauses 7i7 through 7v7 of subparagraph 7,a74 7#c7 ,state data 7,a7 ,apportioned and allocated programs ,the website described in paragraph 7#b77;,a7 shall be updated annually to display the ,federal-aid highway funds apportioned and allocated to each ,state under this title1 including-- 7i7 the amount of funding available for obligation by the ,state1 including prior unobligated balances1 at the start of the fiscal year2 7ii7 the amount of funding obligated by the ,state during such fiscal year2 7iii7 the amount of funding remaining available for obligation by the ,state at the end of such fiscal year2 and 7iv7 changes in the obligated1 unexpended balance for the ,state4 7,b7 ,programmatic data ,the data described in subparagraph 7,a7 shall include-- 7i7 the amount of funding by each apportioned and allocated program for which the ,state received funding under this title2 7ii7 the amount of funding transferred between programs by the ,state during the fiscal year using the authority provided under section #abf2 and 7iii7 the amount and program category of ,federal funds exchanged as described in section #ajf7;g77#f74 7#d7 ,definitions ,in this subsection3 7,a7 ,active project 7i7 ,in general ,the term active project means a ,federal-aid highway project using funds made available under this title on which those funds were obligated or expended during the fiscal year for which the estimated total cost as of the start of construction is greater than #e1jjj1jjj4 7ii7 ,exclusion ,the term active project does not include any project for which funds are transferred to agencies other than the ,federal ,highway ,administration4 7,b7 ,interactive map ,the term interactive map means a map displayed on the public website of the ,department of ,transportation that allows a user to select and view information for each active project1 ,state1 and congressional district4 7,c7 ,state ,the term ,state means any of the #ej ,states or the ,district of ,columbia4 4 7b7 ,project approval and oversight ,section #ajf of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7g7-- 7,a7 in paragraph 7#d7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,assistance to ,states ,the ,secretary shall-- 7i7 develop criteria for ,states to use to make the determination required under subparagraph 7,a72 and 7ii7 provide training1 guidance1 and other assistance to ,states and subrecipients as needed to ensure that projects administered by subrecipients comply with the requirements of this title4 7,c7 ,periodic review ,the ,secretary shall review1 not less frequently than every #b years1 the monitoring of subrecipients by the ,states4 2 and 7,b7 by adding at the end the following3 7#f7 ,federal funding exchange programs ,a ,state may implement a program under which a subrecipient has the option to exchange ,federal funds allocated to such subrecipient in accordance with the requirements of this title for ,state or local funds if the ,state certifies to the ,secretary that the ,state has prevailing wage and domestic content requirements that are comparable to the requirements under sections #aac and #cac and that such requirements shall apply to projects carried out using such funds if such projects would have been subject to the requirements of sections #aac and #cac if such projects were carried out using ,federal funds4 2 7#b7 in subsection 7h77#c7-- 7,a7 in subparagraph 7,b7 by striking 1 as determined by the ,secretary12 and 7,b7 in subparagraph 7,d7 by striking shall assess and inserting in the case of a project proposed to be advanced as a public-private partnership1 shall include a detailed value for money analysis or comparable analysis to determine2 and 7#c7 by adding at the end the following3 7k7 ,megaprojects 7#a7 ,comprehensive risk management plan ,to be authorized for the construction of a megaproject1 the recipient of ,federal financial assistance under this title for such megaproject shall submit to the ,secretary a comprehensive risk management plan that contains-- 7,a7 a description of the process by which the recipient will identify1 quantify1 and monitor the risks1 including natural hazards1 that might result in cost overruns1 project delays1 reduced construction quality1 or reductions in benefits with respect to the megaproject2 7,b7 examples of mechanisms the recipient will use to track risks identified pursuant to subparagraph 7,a72 7,c7 a plan to control such risks2 and 7,d7 such assurances as the ,secretary determines appropriate that the recipient shall1 with respect to the megaproject-- 7i7 regularly submit to the ,secretary updated cost estimates2 and 7ii7 maintain and regularly reassess financial reserves for addressing known and unknown risks4 7#b7 ,peer review group 7,a7 ,in general ,not later than #ij days after the date on which a megaproject is authorized for construction1 the recipient of ,federal financial assistance under this title for such megaproject shall establish a peer review group for such megaproject that consists of at least #e individuals 7including at least #a individual with project management experience7 to give expert advice on the scientific1 technical1 and project management aspects of the megaproject4 7,b7 ,membership 7i7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish guidelines describing how a recipient described in subparagraph 7,a7 shall-- 7,i7 recruit and select members for a peer review group established under such subparagraph2 and 7,,ii7 make publicly available the criteria for such selection and identify the members so selected4 7ii7 ,conflict of interest ,no member of a peer review group for a megaproject may have a direct or indirect financial interest in such megaproject4 7,c7 ,tasks ,a peer review group established under subparagraph 7,a7 by a recipient of ,federal financial assistance for a megaproject shall-- 7i7 meet annually until completion of the megaproject2 7ii7 not later than #ij days after the date of the establishment of the peer review group and not later than #ij days after the date of any significant change1 as determined by the ,secretary1 to the scope1 schedule1 or budget of the megaproject1 review the scope1 schedule1 and budget of the megaproject1 including planning1 engineering1 financing1 and any other elements determined appropriate by the ,secretary2 and 7iii7 submit to the ,secretary1 ,congress1 and such recipient a report on the findings of each review under clause 7ii74 7#c7 ,transparency ,not later than #ij days after the submission of a report under paragraph 7#b77;,c77iii71 the ,secretary shall publish on the website of the ,department of ,transportation such report4 7#d7 ,megaproject defined ,in this subsection1 the term megaproject means a project under this title that has an estimated total cost of #b1jjj1jjj1jjj or more1 and such other projects as may be identified by the ,secretary4 7l7 ,special experimental projects 7#a7 ,public availability ,the ,secretary shall publish on the website of the ,department of ,transportation a copy of all letters of interest1 proposals1 workplans1 and reports related to the special experimental project authority pursuant to section #ejb7;b74 ,the ,secretary shall redact confidential business information1 as necessary1 from any such information published4 7#b7 ,notification and opportunity for comment ,not later than #cj days before making a determination to proceed with an experiment under a letter of interest described in paragraph 7#a71 the ,secretary shall provide notification and an opportunity for public comment on the letter of interest and the ,secretary's proposed response4 7#c7 ,report to ,congress ,not later than #b years after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that includes-- 7,a7 a summary of each experiment described in this subsection carried out over the previous #e years2 and 7,b7 legislative recommendations1 if any1 based on the findings of such experiments4 7m7 ,competitive grant program oversight and accountability 7#a7 ,in general ,to ensure the accountability and oversight of the discretionary grant selection process administered by the ,secretary1 a covered program shall be subject to the requirements of this section1 in addition to the requirements applicable to each covered program4 7#b7 ,application process ,the ,secretary shall-- 7,a7 develop a template for applicants to use to summarize-- 7i7 project needs and benefits2 and 7ii7 any factors1 requirements1 or considerations established for the applicable covered program2 7,b7 create a data driven process to evaluate1 as set forth in the covered program1 each eligible project for which an application is received2 and 7,c7 make a determination1 based on the evaluation made pursuant to subparagraph 7,b71 on any ratings1 rankings1 scores1 or similar metrics for applications made to the covered program4 7#c7 ,notification of congress ,not less than #ae days before making a grant for a covered program1 the ,secretary shall notify1 in writing1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on the ,environment and ,public ,works of the ,senate of-- 7,a7 the amount for each project proposed to be selected2 7,b7 a description of the review process2 7,c7 for each application1 the determination made under paragraph 7#b77;,c72 and 7,d7 a detailed explanation of the basis for each award proposed to be selected4 7#d7 ,notification of applicants ,not later than #cj days after making a grant for a project under a covered program1 the ,secretary shall send to all applicants under such covered program1 and publish on the website of the ,department of ,transportation-- 7,a7 a summary of each application made to the covered program for the given round of funding2 and 7,b7 the evaluation and justification for the project selection1 including all ratings1 rankings1 scores1 or similar metrics for applications made to the covered program for the given round of funding during each phase of the grant selection process4 7#e7 ,briefing ,the ,secretary shall provide1 at the request of a grant applicant of a covered program1 the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant4 7#f7 ,template ,the ,secretary shall1 to the extent practicable1 develop a template as described in paragraph 7#b77;,a7 for any discretionary program administered by the ,secretary that is not a covered program4 7#g7 ,covered program defined ,the term covered program means each of the following discretionary grant programs3 7,a7 ,community climate innovation grants under section #agb4 7,b7 ,electric vehicle charging and hydrogen fueling infrastructure grants under section #aea7;f74 7,c7 ,federal lands and tribal major projects grants under section #bjh4 7,d7 ,safe1 efficient mobility through advanced technologies grants under section #ejc7;c77#d74 4 7c7 ,division office consistency ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7#a7 analyzes the consistency of determinations among division offices of the ,federal ,highway ,administration2 and 7#b7 makes recommendations to improve the consistency of such determinations4 7d7 ,improving ,risk ,based ,stewardship and ,oversight ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall reference ,u4,s4 ,,dot ,office of ,inspector ,general ,report ,no4 ,,st#bjbjjce and take the following actions to improve the risk based stewardship and oversight of the ,department of ,transportation3 7#a7 ,update and implement ,federal ,highway ,administration's 7,,fhwa7 guidance for risk-based project involvement to clarify the requirements for its project risk-assessment process1 including expectations for conducting and documenting the risk assessment and criteria to guide the reevaluation of project risks4 7#b7 ,identify and notify ,divisions about sources of information that can inform the project risk-assessment process4 7#c7 ,update and implement ,,fhwa's guidance for risk-based project involvement to clarify how the link between elevated risks and associated oversight activities1 changes to oversight actions1 and the results of its risk-based involvement should be documented in project oversight plans4 7#d7 ,develop and implement a process to routinely monitor the implementation and evaluate the effectiveness of ,,fhwa's risk-based project involvement4 #aajg4 ,complete and context sensitive street design 7a7 ,standards ,section #aji of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking planned future traffic of the highway in a manner that is conducive to and inserting future operational performance of the facility in a manner that enhances2 and 7,b7 in paragraph 7#b7 by inserting 1 taking into consideration context sensitive design principles after each locality2 7#b7 in subsection 7b7-- 7,a7 by striking ,the geometric and inserting ,design criteria for the ,interstate system4--,the geometric2 and 7,b7 by striking the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the ,secretary1 under section #ajf of this title1 of the plans1 specifications1 and estimates for actual construction of such project and inserting the existing and future operational performance of the facility2 7#c7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,c7 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,d7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 context sensitive design principles4 2 7#d7 by striking subsection 7o7 and inserting the following3 7o7 ,compliance with ,state laws for non-,,nhs projects 7#a7 ,in general ,projects 7other than highway projects on the ,national ,highway ,system7 shall-- 7,a7 be designed1 constructed1 operated1 and maintained in accordance with ,state laws1 regulations1 directives1 safety standards1 design standards1 and construction standards2 and 7,b7 take into consideration context sensitive design principles4 7#b7 ,design flexibility 7,a7 ,in general ,a local jurisdiction may deviate from the roadway design publication used by the ,state in which the local jurisdiction is located for the design of a project on a roadway 7other than a highway on the ,national ,highway ,system7 if-- 7i7 notification and justification of the deviation is provided to the ,secretary and the ,state2 and 7ii7 the design complies with all other applicable ,federal laws4 7,b7 ,state-owned roads ,in the case of a roadway under the ownership of the ,state1 the local jurisdiction may only deviate from the roadway design publication used by the ,state with the concurrence of the ,state4 7,c7 ,programmatic basis ,the ,secretary may consider a deviation under this paragraph on a programmatic basis4 2 and 7#e7 by adding at the end the following3 7s7 ,context sensitive design 7#a7 ,context sensitive design principles ,the ,secretary shall collaborate with the ,american ,association of ,state ,highway ,transportation ,officials to ensure that any roadway design publications approved by the ,secretary under this section provide adequate flexibility for a project sponsor to select the appropriate design of a roadway1 consistent with context sensitive design principles4 7#b7 ,policies or procedures 7,a7 ,in general ,not later than #a year after the ,secretary publishes the final guidance described in paragraph 7#c71 each ,state shall adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design1 consistent with context sensitive design principles4 7,b7 ,local governments ,the ,secretary and ,states shall encourage local governments to adopt policies or procedures described under subparagraph 7,a74 7,c7 ,considerations ,the policies or procedures developed under this paragraph shall take into consideration the guidance developed by the ,secretary under paragraph 7#c74 7#c7 ,guidance 7,a7 ,in general 7i7 ,notice ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall publish guidance on the official website of the ,department of ,transportation on context sensitive design4 7ii7 ,public review and comment ,the guidance described in this paragraph shall be finalized following an opportunity for public review and comment4 7iii7 ,update ,the ,secretary shall periodically update the guidance described in this paragraph1 including the model policies or procedures described under subparagraph 7,b77v74 7,b7 ,requirements ,the guidance described in this paragraph shall-- 7i7 provide best practices for ,states1 metropolitan planning organizations1 regional transportation planning organizations1 local governments1 or other project sponsors to carry out context sensitive design principles2 7ii7 identify opportunities to modify planning1 scoping1 design1 and development procedures to more effectively combine modes of transportation into integrated facilities that meet the needs of each of such modes of transportation in an appropriate balance2 7iii7 identify metrics to assess the context of the facility1 including surrounding land use or roadside characteristics2 7iv7 assess the expected operational and safety performance of alternative approaches to facility design2 and 7v7 taking into consideration the findings of this guidance1 establish model policies or procedures for a ,state or other project sponsor to evaluate the context of a proposed facility and select the appropriate facility design for the context4 7,c7 ,topics of emphasis ,in publishing the guidance described in this paragraph1 the ,secretary shall emphasize-- 7i7 procedures for identifying the needs of users of all ages and abilities of a particular roadway2 7ii7 procedures for identifying the types and designs of facilities needed to serve various modes of transportation2 7iii7 safety and other benefits provided by carrying out context sensitive design principles2 7iv7 common barriers to carrying out context sensitive design principles2 7v7 procedures for overcoming the most common barriers to carrying out context sensitive design principles2 7vi7 procedures for identifying the costs associated with carrying out context sensitive design principles2 7vii7 procedures for maximizing local cooperation in the introduction of context sensitive design principles and carrying out those principles2 and 7viii7 procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with context sensitive design principles4 7#d7 ,funding ,amounts made available under sections #ajd7;b77#f7 and #eje of this title may be used for ,states1 local governments1 metropolitan planning organizations1 or regional transportation planning organizations to adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design1 consistent with context sensitive design principles4 4 7b7 ,conforming amendment ,section #adjd7;b7 of the ,,fast ,act 7#bc ,u4,s4,c4 #aji note7 is repealed4 #aajh4 ,innovative project delivery ,federal share 7a7 ,in general ,section #abj7;c77#c77;,b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 prefabricated bridge elements and systems1 innovative materials1 and other technologies to reduce bridge construction time1 extend service life1 and reduce preservation costs1 as compared to conventionally designed and constructed bridges2 7ii7 innovative construction equipment1 materials1 techniques1 or practices1 including the use of in-place recycling technology1 digital #c-;dimensional modeling technologies1 and advanced digital construction management systems2 2 7#b7 by redesignating clause 7vi7 as clause 7vii72 7#c7 in clause 7v7 by striking or at the end2 and 7#d7 by inserting after clause 7v7 the following3 7vi7 innovative pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes2 or 4 7b7 ,technical amendment ,section #ajg7;a77#b7 of title #bc1 ,united ,states ,code1 is amended by striking subsection 7c7 of4 #aaji4 ,transferability of ,federal-aid highway funds ,section #abf7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading by inserting and programs after set-,asides2 7#b7 in paragraph 7#a7 by striking and #acc7;d77#a77;,a7 and inserting 1 #acj1 #acc7;d77#a77;,a71 #acc7;h71 #adi1 and #aga2 and 7#c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,environmental programs ,with respect to an apportionment under either paragraph 7#d7 or paragraph 7#i7 of section #ajd7;b71 and notwithstanding paragraph 7#a71 a ,state may only transfer not more than #ej percent from the amount of the apportionment of either such paragraph to the apportionment under the other such paragraph in a fiscal year4 4 #aaaj4 ,tolling 7a7 ,toll roads1 bridges1 tunnels1 and ferries ,section #abi of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general 7,a7 ,authorization ,subject to the provisions of this section1 ,federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the-- 7i7 initial construction of a toll highway1 bridge1 or tunnel or approach to the highway1 bridge1 or tunnel2 7ii7 initial construction of #a or more lanes or other improvements that increase capacity of a highway1 bridge1 or tunnel 7other than a highway on the ,interstate ,system7 and conversion of that highway1 bridge1 or tunnel to a tolled facility1 if the number of toll-free lanes1 excluding auxiliary lanes1 after the construction is not less than the number of toll-free lanes1 excluding auxiliary lanes1 before the construction2 7iii7 initial construction of #a or more lanes or other improvements that increase the capacity of a highway1 bridge1 or tunnel on the ,interstate ,system and conversion of that highway1 bridge1 or tunnel to a tolled facility1 if the number of toll-free non-,,hov lanes1 excluding auxiliary lanes1 after such construction is not less than the number of toll-free non-,,hov lanes1 excluding auxiliary lanes1 before such construction2 7iv7 reconstruction1 resurfacing1 restoration1 rehabilitation1 or replacement of a toll highway1 bridge1 or tunnel or approach to the highway1 bridge1 or tunnel2 7v7 reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility2 7vi7 reconstruction of a toll-free ,federal-aid highway 7other than a highway on the ,interstate ,system7 and conversion of the highway to a toll facility2 7vii7 reconstruction1 restoration1 or rehabilitation of a highway on the ,interstate ,system if the number of toll-free non-,,hov lanes1 excluding auxiliary lanes1 after reconstruction1 restoration1 or rehabilitation is not less than the number of toll-free non-,,hov lanes1 excluding auxiliary lanes1 before reconstruction1 restoration1 or rehabilitation2 7viii7 conversion of a high occupancy vehicle lane on a highway1 bridge1 or tunnel to a toll facility1 subject to the requirements of section #aff2 and 7ix7 preliminary studies to determine the feasibility of a toll facility for which ,federal participation is authorized under this paragraph4 7,b7 ,agreement to toll 7i7 ,in general ,before the ,secretary may authorize tolling under this subsection1 the public authority with jurisdiction over a highway1 bridge1 or tunnel shall enter into an agreement with the ,secretary to ensure compliance with the requirements of this subsection4 7ii7 ,applicability 7,i7 ,in general ,the requirements of this subparagraph shall apply to-- 7aa7 ,federal participation under subparagraph 7,a72 7bb7 any prior ,federal participation in the facility proposed to be tolled2 and 7cc7 conversion1 with or without ,federal participation1 of a non-tolled lane on the ,national ,highway ,system to a toll facility under subparagraph 7,e74 7,,ii7 ,,hov facility ,except as otherwise provided in this subsection or section #aff1 the provisions of this paragraph shall not apply to a high occupancy vehicle facility4 7iii7 ,major ,federal action ,approval by the ,secretary of an agreement to toll under this paragraph shall be considered a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,agreement conditions ,prior to entering into an agreement to toll under subparagraph 7,b71 the public authority shall certify to the ,secretary that-- 7i7 the public authority has established procedures to ensure the toll meets the purposes and requirements of this subsection2 7ii7 the facility shall provide for access at no cost to public transportation vehicles and over-the-road buses serving the public2 and 7iii7 the facility shall provide for the regional interoperability of electronic toll collection1 including through technologies or business practices4 7,d7 ,consideration of impacts 7i7 ,in general ,prior to entering into an agreement to toll under subparagraph 7,b71 the ,secretary shall ensure the public authority has adequately considered1 including by providing an opportunity for public comment1 the following factors within the corridor3 7,i7 ,congestion impacts on both the toll facility and in the corridor or cordon 7including adjacent toll-free facilities74 7,,ii7 ,in the case of a non-attainment or maintenance area1 air quality impacts4 7,,iii7 ,planned investments to improve public transportation or other non-tolled alternatives in the corridor4 7,,iv7 ,environmental justice and equity impacts4 7,v7 ,impacts on freight movement4 7,,vi7 ,economic impacts on businesses4 7ii7 ,consideration in environmental review ,nothing in this subparagraph shall limit a public authority from meeting the requirements of this subparagraph through the environmental review process1 as applicable4 7,e7 ,congestion pricing 7i7 ,in general ,the ,secretary may authorize conversion of a non-tolled lane on the ,national ,highway ,system to a toll facility to utilize pricing to manage the demand to use the facility by varying the toll amount that is charged4 7ii7 ,requirement ,prior to entering into an agreement to convert a non-tolled lane on the ,national ,highway ,system to a toll facility1 the ,secretary shall ensure 7in addition to the requirements under subparagraphs 7,b71 7,c71 and 7,d77 that such toll facility and the planned investments to improve public transportation or other non-tolled alternatives in the corridor are reasonably expected to improve the operation of the cordon or corridor1 as described in clauses 7iii7 and 7iv74 7iii7 ,performance monitoring ,a public authority that enters into an agreement to convert a non-tolled lane to a toll facility under this subparagraph shall-- 7,i7 establish1 monitor1 and support a performance monitoring1 evaluation1 and reporting program-- 7aa7 for the toll facility that provides for continuous monitoring1 assessment1 and reporting on the impacts that the pricing structure may have on the operation of the facility2 and 7bb7 for the corridor or cordon that provides for continuous monitoring1 assessment1 and reporting on the impacts of congestion pricing on the operation of the corridor or cordon2 7,,ii7 submit to the ,secretary annual reports of the impacts described in subclause 7,i72 and 7,,iii7 if the facility or the corridor or cordon becomes degraded1 as described in clause 7iv71 submit to the ,secretary an annual update that describes the actions proposed to bring the toll facility into compliance and the progress made on such actions4 7iv7 ,determination 7,i7 ,degraded operation ,for purposes of clause 7iii77,,iii71 the operation of a toll facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed #ij percent of the time over a consecutive #ahj-;day period during peak hour periods4 7,,ii7 ,degraded corridor or cordon ,for the purposes of clause 7iii77,,iii71 a corridor or cordon shall be considered to be degraded if congestion pricing or investments to improve public transportation or other non-tolled alternatives have not resulted in-- 7aa7 an increase in person or freight throughput in the corridor or cordon2 or 7bb7 a reduction in person hours of delay in the corridor or cordon1 as determined by the ,secretary4 7,,iii7 ,definition of minimum average operating speed ,in this subparagraph1 the term minimum average operating speed means-- 7aa7 #ce miles per hour1 in the case of a toll facility with a speed limit of #de miles per hour or greater2 and 7bb7 not more than #aj miles per hour below the speed limit1 in the case of a toll facility with a speed limit of less than #ej miles per hour4 7v7 ,maintenance of operating performance 7,i7 ,in general ,not later than #ahj days after the date on which a facility or a corridor or cordon becomes degraded under clause 7iv71 the public authority with jurisdiction over the facility shall submit to the ,secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph4 7,,ii7 ,notice of approval or disapproval ,not later than #fj days after the date of receipt of a plan under subclause 7,i71 the ,secretary shall provide to the public authority a written notice indicating whether the ,secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph4 7,,iii7 ,update ,until the date on which the ,secretary determines that the public authority has brought the facility or corridor or cordon into compliance with this subparagraph1 the public authority shall submit annual updates that describe-- 7aa7 the actions taken to bring the facility into compliance2 7bb7 the actions taken to bring the corridor or cordon into compliance2 and 7cc7 the progress made by those actions4 7,,iv7 ,compliance ,if a public authority fails to bring a facility into compliance under this subparagraph1 the ,secretary may subject the public authority to appropriate program sanctions under section #a4cf of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 until the performance is no longer degraded4 7vi7 ,consultation of ,,mpo ,if a toll facility authorized under this subparagraph is located on the ,national ,highway ,system and in a metropolitan planning area established in accordance with section #acd1 the public authority shall consult with the metropolitan planning organization for the area4 7vii7 ,inclusion ,for the purposes of this paragraph1 the corridor or cordon shall include toll-free facilities that are adjacent to the toll facility4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7iv7 by striking and at the end2 and 7,,ii7 by striking clause 7v7 and inserting the following3 7v7 any project eligible under this title or chapter #ec of title #di that improves the operation of the corridor or cordon by increasing person or freight throughput and reducing person hours of delay2 7vi7 toll discounts or rebates for users of the toll facility that have no reasonable alternative transportation method to the toll facility2 and 7vii7 if the public authority certifies annually that the tolled facility is being adequately maintained and the cordon or corridor is not degraded under paragraph 7#a77;,e71 any revenues remaining after funding the activities described in clauses 7i7 through 7vi7 shall be considered surplus revenue and may be used for any other purpose for which ,federal funds may be obligated by a ,state under this title or chapter #ec of title #di4 2 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,transparency 7i7 ,annual audit 7,i7 ,in general ,a public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph 7,a71 and report the results of the audits to the ,secretary4 7,,ii7 ,records ,on reasonable notice1 the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the ,secretary4 7ii7 ,use of revenues ,a ,state or public authority that obligates amounts under clauses 7v71 7vi71 or 7vii7 of subparagraph 7,a7 shall annually report to the ,secretary a list of activities funded with such amounts and the amount of funding provided for each such activity4 2 7,c7 in paragraph 7#h7 by striking as of the date of enactment of the ,,map-#ba1 before commencing any activity authorized and inserting 1 before commencing any activity authorized2 7,d7 in paragraph 7#i7-- 7i7 by striking bus and inserting vehicle2 and 7ii7 by striking buses and inserting vehicles2 and 7,e7 by striking paragraph 7#aj7 and inserting the following3 7#aj7 ,interoperability of electronic toll collection ,all toll facilities on ,federal-aid highways shall provide for the regional interoperability of electronic toll collection1 including through technologies or business practices4 7#aa7 ,noncompliance ,if the ,secretary concludes that a public authority has not complied with the requirements of this subsection1 the ,secretary may require the public authority to discontinue collecting tolls until the public authority and the ,secretary enter into an agreement for the public authority to achieve compliance with such requirements4 7#ab7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,federal participation ,the term ,federal participation means the use of funds made available under this title4 7,b7 ,high occupancy vehicle2 ,,hov ,the term high occupancy vehicle or ,,hov means a vehicle with not fewer than #b occupants4 7,c7 ,initial construction 7i7 ,in general ,the term initial construction means the construction of a highway1 bridge1 tunnel1 or other facility at any time before it is open to traffic4 7ii7 ,exclusions ,the term initial construction does not include any improvement to a highway1 bridge1 tunnel1 or other facility after it is open to traffic4 7,d7 ,over-the-road bus ,the term over-the-road bus has the meaning given the term in section #cja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha74 7,e7 ,public authority ,the term public authority means a ,state1 interstate compact of ,states1 or public entity designated by a ,state4 7,f7 ,public transportation vehicle ,the term public transportation vehicle has the meaning given that term in section #aff4 7,g7 ,toll facility ,the term toll facility means a toll highway1 bridge1 or tunnel or approach to the highway1 bridge1 or tunnel constructed or authorized to be tolled under this subsection4 4 7b7 ,repeal of ,interstate ,system reconstruction and rehabilitation pilot program ,section #abaf of the ,transportation ,equity ,act for the #bast ,century 7#bc ,u4,s4,c4 #abi note71 and the item related to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7c7 ,value pricing pilot program ,section #ajab7;b7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#bc ,u4,s4,c4 #adi note7 is amended by adding at the end the following3 7#i7 ,sunset ,the ,secretary may not consider an expression of interest submitted under this section after the date of enactment of this paragraph4 4 7d7 ,savings clause 7#a7 ,application of limitations ,any toll facility described in paragraph 7#b7 shall be subject to the requirements of section #abi7;a77#c7 of title #bc1 ,united ,states ,code1 as in effect on the day before the date of enactment of this ,act4 7#b7 ,toll facilities ,a toll facility described in this paragraph is a facility that1 on the day prior to the date of enactment of this ,act1 was-- 7,a7 operating2 7,b7 in the planning and design phase2 or 7,c7 in the construction phase4 7e7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to ,congress a report on the implementation of the interoperability of toll collection as required under section #aeab7;b7 of ,,map-#ba1 including an assessment of the progress in1 and barriers on1 such implementation4 #aaaa4 ,,hov facilities ,section #aff of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#d77;,c77iii7 by striking transportation buses and inserting transportation vehicles2 and 7,b7 in paragraph 7#e77;,b7 by striking #bjai and inserting #bjbe2 7#b7 in subsection 7d77#b77;,a77i7 by striking #de miles per hour1 in the case of a ,,hov facility with a speed of #ej miles per hour or greater and inserting #ce miles per hour1 in the case of a ,,hov facility with a speed limit of #de miles per hour or greater2 7#c7 in subsection 7d77#b77;,b7 by striking morning or evening weekday peak hour periods 7or both7 and inserting peak hour periods2 7#d7 in subsection 7e7-- 7,a7 by striking ,not later than #ahj days after the date of enactment of this section1 the ,administrator and inserting ,the ,administrator2 7,b7 in paragraph 7#a7 by striking and at the end2 7,c7 in paragraph 7#b7 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#c7 not later than #ahj days after the date of enactment of the ,,invest in ,america ,act1 update the requirements established under paragraph 7#a74 2 and 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraphs 7,c71 7,d71 and 7,f72 and 7ii7 by redesignating subparagraphs 7,e71 7,g71 7,h71 and 7,i7 as subparagraphs 7,c71 7,d71 7,e71 and 7,f71 respectively2 and 7,b7 in paragraph 7#f77;,b77i7 by striking public entity and inserting public transportation service that is a recipient or subrecipient of funds under chapter #ec of title #di4 #aaab4 ,buy ,america 7a7 ,in general ,section #cac of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,notwithstanding and inserting ,in general4--,notwithstanding2 7,b7 by striking ,secretary of ,transportation and inserting ,secretary2 7,c7 by striking the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #bjig7 or2 and 7,d7 by striking and manufactured products and inserting manufactured products1 and construction materials2 7#b7 in subsection 7b7 by inserting ,determination4-- before ,the provisions2 7#c7 in subsection 7c7 by striking ,for purposes and inserting ,calculation4--,for purposes2 7#d7 in subsection 7d7-- 7,a7 by striking ,the ,secretary of ,transportation and inserting ,requirements4--,the ,secretary2 and 7,b7 by striking the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #bjig7 or2 and 7#e7 by adding at the end the following3 7h7 ,waiver procedure 7#a7 ,in general ,not later than #abj days after the submission of a request for a waiver1 the ,secretary shall make a determination under paragraph 7#a7 or 7#b7 of subsection 7b7 as to whether subsection 7a7 shall apply4 7#b7 ,public notification and comment 7,a7 ,in general ,not later than #cj days before making a determination regarding a waiver described in paragraph 7#a71 the ,secretary shall provide notification and an opportunity for public comment on the request for such waiver4 7,b7 ,notification requirements ,the notification required under subparagraph 7,a7 shall-- 7i7 describe whether the application is being made for a determination described in subsection 7b77#a72 and 7ii7 be provided to the public by electronic means1 including on the public website of the ,department of ,transportation4 7#c7 ,determination ,before a determination described in paragraph 7#a7 takes effect1 the ,secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph 7#b7-- 7,a7 on the public website of the ,department of ,transportation2 and 7,b7 if the ,secretary issues a waiver with respect to such determination1 in the ,federal ,register4 7i7 ,review of nationwide waivers 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 and at least every #e years thereafter1 the ,secretary shall review any standing nationwide waiver issued by the ,secretary under this section to ensure such waiver remains justified4 7#b7 ,public notification and opportunity for comment 7,a7 ,in general ,not later than #cj days before the completion of a review under paragraph 7#a71 the ,secretary shall provide notification and an opportunity for public comment on such review4 7,b7 ,means of notification ,notification provided under this subparagraph shall be provided by electronic means1 including on the public website of the ,department of ,transportation4 7#c7 ,detailed justification in ,federal ,register ,after the completion of a review under paragraph 7#a71 the ,secretary shall publish in the ,federal ,register a detailed justification for the determination made under paragraph 7#a7 that addresses all public comments received under paragraph 7#b74 7j7 ,report ,not later than #abj days after the last day of each fiscal year1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,appropriations of the ,house of ,representatives1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,appropriations of the ,senate a report on the waivers provided under subsection 7h7 during the previous fiscal year and the justifications for such waivers4 4 7b7 ,,safetea-,,lu ,technical ,corrections ,act of #bjjh ,section #aag of the ,,safetea-,,lu ,technical ,corrections ,act of #bjjh 7#bc ,u4,s4,c4 #cac note7 is repealed4 #aaac4 ,federal-aid highway project requirements 7a7 ,in general ,except as otherwise provided in subsection 7b71 notwithstanding any other provision of law1 the ,secretary shall require recipients of assistance under title #bc1 ,united ,states ,code1 and title ,i of division ,b this ,act and the amendments made by this ,act to comply with subsection 7a7 of section #aac of title #bc1 ,united ,states ,code1 with respect to all construction work1 in the same manner that recipients of assistance under chapter #a of such title are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7b7 ,treatment of certain projects ,the ,secretary shall apply the requirements of section #acjf7l7 of this ,act and sections #aag7k71 #agb7;j71 and #agc7k7 of title #bc1 ,united ,states ,code1 to a project funded with a grant under such sections4 #aaad4 ,state assumption of responsibility for categorical exclusions ,section #cbf7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 except as provided under subparagraph 7,c71 have a term of not more than #c years2 2 7#b7 in subparagraph 7,b7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 for any ,state that has assumed the responsibility for categorical exclusions under this section for at least #aj years1 have a term of #e years4 4 #aaae4 ,surface transportation project delivery program written agreements ,section #cbg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking paragraph 7#e7 and inserting the following3 7#e7 except as provided under paragraph 7#g71 have a term of not more than #e years2 2 7,b7 in paragraph 7#f7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#g7 for any ,state that has participated in a program under this section 7or under a predecessor program7 for at least #aj years1 have a term of #aj years4 2 7#b7 in subsection 7g77#a7-- 7,a7 in subparagraph 7,c7 by striking annual2 7,b7 in subparagraph 7,b7 by striking and at the end2 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,d7 by inserting after subparagraph 7,b7 the following3 7,c7 in the case of an agreement period of greater than #e years under subsection 7c77#g71 conduct an audit covering the first #e years of the agreement period2 and 2 and 7#c7 by adding at the end the following3 7m7 ,agency ,deemed to ,be ,federal ,agency ,a ,state agency that is assigned a responsibility under an agreement under this section shall be deemed to be a ,federal agency for the purposes of all ,federal laws pursuant to which the responsibility is exercised4 4 #aaaf4 ,corrosion prevention for bridges 7a7 ,definitions ,in this section3 7#a7 ,applicable bridge projects ,the term applicable bridge projects means a project for construction1 alteration1 or maintenance work1 other than de minimus maintenance or repair work as determined by the applicable ,state department of transportation1 on a bridge or overpass structure funded under title #bc1 ,united ,states ,code4 7#b7 ,certified contractor ,the term certified contractor means a contracting or subcontracting firm that has been certified by a third party organization that evaluates the capability of the contractor or subcontractor to properly perform one or more specified aspects of applicable bridge projects as defined in subsection 7b77#b74 7#c7 ,qualified training program ,the term qualified training program means a training program in corrosion control1 mitigation and prevention1 that is either offered or accredited by an organization that sets industry corrosion standards or is recognized in corrosion management transportation structures by the ,department of ,transportation1 for the purposes of controlling1 mitigating and preventing corrosion1 or a program registered under the ,act of ,august #af1 #aicg 7#bi ,u4,s4,c4 #ej et seq47 7commonly known as the ,national ,apprenticeship ,act7 that meets the requirements of parts #bi and #cj of title #bi1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjbj4 7b7 ,applicable bridge projects 7#a7 ,quality control ,a certified contractor shall carry out aspects of an applicable bridge project described in paragraph 7#b74 7#b7 ,aspects of applicable bridge projects ,aspects of an applicable bridge project referred to in paragraph 7#a7 include-- 7,a7 surface preparation or coating application on steel or rebar of an applicable bridge project2 7,b7 removal of a lead-based or other hazardous coating from steel of an existing applicable bridge project2 7,c7 shop painting of structural steel or rebar fabricated for installation on an applicable bridge project2 and 7,d7 the design1 application1 installation and maintenance of a cathodic protection system on an applicable bridge project4 7#c7 ,corrosion management system ,a ,state transportation department shall-- 7,a7 implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods to address-- 7i7 surface preparation2 7ii7 protective coatings2 7iii7 materials selection2 7iv7 cathodic protection2 7v7 corrosion engineering2 7vi7 personnel training2 and 7vii7 best practices in environmental protection to prevent environmental degradation and uphold public health2 7,b7 require certified contractors that employ appropriately trained and certified coating applicators to carry out aspects of applicable bridge projects as described in paragraph 7#b72 and 7,c7 use certified cathodic protection professionals for all aspects of applicable bridge projects that require knowledge of the design1 installation1 monitoring1 or maintenance of a cathodic protection system4 7c7 ,training program ,as a condition of entering into a contract for an applicable bridge project1 each certified contractor shall provide training1 through a qualified training program1 for each applicable craft or trade classification of employees that the certified contractor intends to employ to carry out aspects of applicable bridge projects as described in subsection 7b77#b74 #aaag4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,states should utilize life-cycle cost analysis to evaluate the total economic cost of a transportation project over its expected lifetime2 and 7#b7 data indicating that future repair costs associated with a transportation project frequently total more than half of the initial cost of the project1 and that conducting life-cycle cost analysis prior to construction will help ,states identify the most cost-effective option1 improve their economic performance1 and lower the total cost of building and maintaining the project4 #aaah4 ,additional support to rebuild rural communities ,to carry out section #acjg of this ,act1 there are authorized to be appropriated #ajj1jjj1jjj for fiscal year #bjbc and #ej1jjj1jjj for fiscal year #bjbd4 #aaai4 ,federal grants for pedestrian and bike safety improvements 7a7 ,in general ,notwithstanding any provision of title #bc1 ,united ,states ,code1 or any regulation issued by the ,secretary of ,transportation1 section #abi7;a77#c7 of such title shall not apply to a covered public authority that receives funding under such title for pedestrian and bike safety improvements4 7b7 ,no toll ,a covered public authority may not charge a toll1 fee1 or other levy for use of such improvements4 7c7 ,effective date ,a covered public authority shall be eligible for the exemption under subsection 7a7 for #aj years after the date of enactment of this ,act4 ,any such exemption granted shall remain in effect after the effective date described in this section4 7d7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,covered public authority ,the term covered public authority means a public authority with jurisdiction over a toll facility located within both-- 7,a7 a ,national ,scenic ,area2 and 7,b7 the ,national ,trail ,system4 7#b7 ,national ,scenic ,area ,the term ,national ,scenic ,area means an area of the ,national ,forest ,system federally designated as a ,national ,scenic ,area in recognition of the outstanding natural1 scenic1 and recreational values of the area4 7#c7 ,national ,trail ,system ,the term ,national ,trail ,system means an area described in section #c of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdb74 7#d7 ,public authority2 toll facility ,the terms public authority and toll facility have the meanings such terms would have if such terms were included in chapter #a of title #bc1 ,united ,states ,code4 ,b ,programmatic ,infrastructure ,investment #abja4 ,national highway performance program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,purposes ,the purposes of the national highway performance program shall be-- 7#a7 to provide support for the condition and performance of the ,national ,highway ,system1 consistent with the asset management plans of ,states2 7#b7 to support progress toward the achievement of performance targets of ,states established under section #aej2 7#c7 to increase the resilience of ,federal-aid highways and bridges2 and 7#d7 to provide support for the construction of new facilities on the ,national ,highway ,system1 consistent with subsection 7d77#c74 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a7 by striking or freight movement on the ,national ,highway ,system and inserting freight movement1 environmental sustainability1 transportation system access1 or combating climate change2 7,b7 in paragraph 7#a77;,b7 by striking and at the end2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,g7-- 7,i7 in clause 7i7 by inserting and at the end2 7,,ii7 in clause 7ii7 by striking 2 and and inserting a period2 and 7,,iii7 by striking clause 7iii72 7ii7 in subparagraph 7,i7 by inserting 1 including the installation of safety barriers and nets on bridges on the ,national ,highway ,system after ,national ,highway ,system2 and 7iii7 by adding at the end the following3 7,q7 ,projects on or off the ,national ,highway ,system to reduce greenhouse gas emissions that are eligible under section #aga1 including the installation of electric vehicle charging infrastructure4 7,r7 ,projects on or off the ,national ,highway ,system to enhance resilience of a transportation facility1 including protective features4 7,s7 ,projects and strategies to reduce vehicle-caused wildlife mortality related to1 or to restore and maintain connectivity among terrestrial or aquatic habitats affected by1 a transportation facility otherwise eligible for assistance under this section4 7,t7 ,projects on or off the ,national ,highway ,system to improve an evacuation route eligible under section #abd7;b77#a77;,c74 7,u7 ,undergrounding public utilities in the course of other infrastructure improvements eligible under this section to mitigate the cost of recurring damages from extreme weather events1 wildfire or other natural disasters4 2 and 7,d7 by adding at the end the following3 7#c7 a project that is otherwise eligible under this subsection to construct new capacity for single occupancy passenger vehicles only if the ,state-- 7,a7 has demonstrated progress in achieving a state of good repair1 as defined in the ,state's asset management plan1 on the ,national ,highway ,system2 7,b7 demonstrates that the project-- 7i7 supports the achievement of performance targets of the ,state established under section #aej2 and 7ii7 is more cost effective1 as determined by benefit-cost analysis1 than-- 7,i7 an operational improvement to the facility or corridor2 7,,ii7 the construction of a transit project eligible for assistance under chapter #ec of title #di2 or 7,,iii7 the construction of a non-single occupancy passenger vehicle project that improves freight movement2 and 7,c7 has a public plan for maintaining and operating the new asset while continuing its progress in achieving a state of good repair under subparagraph 7,a74 2 7#c7 in subsection 7e7-- 7,a7 in the heading by inserting asset and after ,state2 7,b7 in paragraph 7#d77;,d7 by striking analysis and inserting analyses1 both of which shall take into consideration climate change adaptation and resilience22 and 7,c7 in paragraph 7#h7 by striking ,not later than #ah months after the date of enactment of the ,,map-#ba1 the ,secretary and inserting ,the ,secretary2 and 7#d7 by adding at the end the following3 7k7 ,benefit-,cost analysis ,in carrying out subsection 7d77#c77;,b77ii71 the ,secretary shall establish a process for analyzing the cost and benefits of projects under such subsection1 ensuring that-- 7#a7 the benefit-cost analysis includes a calculation of all the benefits addressed in the performance measures established under section #aej2 7#b7 the benefit-cost analysis includes a consideration of the total maintenance cost of an asset over the lifecycle of the asset2 and 7#c7 the ,state demonstrates that any transportation demand modeling used to calculate the benefit-cost analysis has a documented record of accuracy4 4 #abjb4 ,increasing the resilience of transportation assets 7a7 ,predisaster mitigation program 7#a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #abc the following3 #abd4 ,predisaster mitigation program 7a7 ,establishment ,the ,secretary shall establish and implement a predisaster mitigation program to enhance the resilience of the transportation system of the ,united ,states1 mitigate the impacts of covered events1 and ensure the efficient use of ,federal resources4 7b7 ,eligible activities 7#a7 ,in general ,subject to paragraph 7#b71 funds apportioned to the ,state under section #ajd7;b77#h7 may be obligated for construction activities1 including construction of natural infrastructure or protective features1 and the development of such projects and programs that help agencies to-- 7,a7 increase the resilience of a surface transportation infrastructure asset to withstand a covered event2 7,b7 relocate or provide a reasonable alternative to a repeatedly damaged facility2 7,c7 for an evacuation route identified in the vulnerability assessment required under section #acd7;i77#b77;,i77iii7 or section #ace7;f77#aj77;,c7-- 7i7 improve the capacity or operation of such evacuation route through-- 7,i7 communications and intelligent transportation system equipment and infrastructure2 7,,ii7 counterflow measures2 and 7,,iii7 shoulders2 and 7ii7 relocate such evacuation route or provide a reasonable alternative to such evacuation route to address the risk of a covered event2 and 7,d7 recover from incidents that significantly disrupt a regions transportation system including-- 7i7 predisaster training programs that help agencies and regional stakeholders plan for and prepare multimodal recovery efforts2 and 7ii7 the establishment of regional wide telework training and programs4 7#b7 ,infrastructure resilience and adaptation ,no funds shall be obligated to a project under this section unless the project meets each of the following criteria3 7,a7 ,the project is designed to ensure resilience over the anticipated service life of the surface transportation infrastructure asset4 7,b7 ,the project is identified in the metropolitan or statewide transportation improvement program as a project to address resilience vulnerabilities1 consistent with section #acd7;j77#c77;,e7 or #ace7;g77#e77;,b77iii74 7,c7 ,for a project in a flood-prone area1 the project sponsor considers hydrologic and hydraulic data and methods that integrate current and projected changes in flooding based on climate science over the anticipated service life of the surface transportation infrastructure asset and future forecasted land use changes4 7#c7 ,prioritization of projects ,a ,state shall develop a process to prioritize projects under this section based on the degree to which the proposed project would-- 7,a7 be cost effective2 7,b7 reduce the risk of disruption to a surface transportation infrastructure asset considered critical to support population centers1 freight movement1 economic activity1 evacuation1 recovery1 national security functions1 or critical infrastructure2 and 7,c7 ease disruptions to vulnerable1 at-risk1 or transit-dependant populations4 7c7 ,guidance ,the ,secretary shall provide guidance to ,states to assist with the implementation of paragraphs 7#b7 and 7#c7 of subsection 7b74 7d7 ,definitions ,in this section3 7#a7 ,covered event ,the term covered event means a climate change effect 7including sea level rise71 an extreme event1 seismic activity1 or any other natural disaster 7including a wildfire or landslide74 7#b7 ,surface transportation infrastructure asset ,the term surface transportation infrastructure asset means a facility eligible for assistance under this title or chapter #ec of title #di4 4 7#b7 ,conforming amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #abc the following3 #abd4 ,predisaster mitigation program4 4 7b7 ,metropolitan transportation planning 7#a7 ,amendments to title #bc 7,a7 ,climate change and resilience ,section #acd7;i77#b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,i7 ,climate change and resilience 7i7 ,in general ,the transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of ,federal resources4 7ii7 ,climate change mitigation and impacts ,a long-range transportation plan shall-- 7,i7 identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita2 7,,ii7 identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership1 walking1 bicycling1 and carpools2 and 7,,iii7 recommend zoning and other land use policies that would support infill1 transit-oriented development1 and mixed use development4 7iii7 ,vulnerability assessment ,a long-range transportation plan shall incorporate a vulnerability assessment that-- 7,i7 includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events 7as such term is defined in section #abd72 7,,ii7 considers1 as applicable1 the risk management analysis in the ,state's asset management plan developed pursuant to section #aai1 and the ,state's evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part #ffg of title #bc1 ,code of ,federal ,regulations2 7,,iii7 identifies evacuation routes1 assesses the ability of any such routes to provide safe passage for evacuation1 access to health care and public health facilities1 and emergency response during an emergency event1 and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage2 7,,iv7 describes the metropolitan planning organization's adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization2 and 7,v7 is consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe74 7iv7 ,consultation ,the assessment described in this subparagraph shall be developed in consultation with1 as appropriate1 ,state1 local1 and ,tribal officials responsible for land use1 housing1 resilience1 hazard mitigation1 and emergency management4 4 7,b7 ,resilience projects ,section #acd7;j77#c7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,resilience projects ,the ,,tip shall-- 7i7 identify projects that address the vulnerabilities identified by the assessment in subsection 7i77#b77;,i77iii72 and 7ii7 describe how each project identified under clause 7i7 would improve the resilience of the transportation system4 4 7#b7 ,amendments to title #di 7,a7 ,climate change and resilience ,section #ecjc7;i77#b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,i7 ,climate change and resilience 7i7 ,in general ,the transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of ,federal resources4 7ii7 ,climate change mitigation and impacts ,a long-range transportation plan shall-- 7,i7 identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita2 7,,ii7 identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership1 walking1 bicycling1 and carpools2 and 7,,iii7 recommend zoning and other land use policies that would support infill1 transit-oriented development1 and mixed use development4 7iii7 ,vulnerability assessment ,a long-range transportation plan shall incorporate a vulnerability assessment that-- 7,i7 includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events 7as such term is defined in section #abd of title #bc72 7,,ii7 considers1 as applicable1 the risk management analysis in the ,state's asset management plan developed pursuant to section #aai of title #bc1 and the ,state's evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part #ffg of title #bc1 ,code of ,federal ,regulations2 7,,iii7 identifies evacuation routes1 assesses the ability of any such routes to provide safe passage for evacuation1 access to health care and public health facilities1 and emergency response during an emergency event1 and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage2 7,,iv7 describes the metropolitan planning organization's adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization2 and 7,v7 is consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe74 7iv7 ,consultation ,the assessment described in this subparagraph shall be developed in consultation1 as appropriate1 with ,state1 local1 and ,tribal officials responsible for land use1 housing1 resilience1 hazard mitigation1 and emergency management4 4 7,b7 ,resilience projects ,section #ecjc7;j77#c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,resilience projects ,the ,,tip shall-- 7i7 identify projects that address the vulnerabilities identified by the assessment in subsection 7i77#b77;,i77iii72 and 7ii7 describe how each project identified under clause 7i7 would improve the resilience of the transportation system4 4 7c7 ,statewide and nonmetropolitan planning 7#a7 ,amendments to title #bc 7,a7 ,climate change and resilience ,section #ace7;f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#aj7 ,climate change and resilience 7,a7 ,in general ,the transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of ,federal resources4 7,b7 ,climate change mitigation and impacts ,a long-range transportation plan shall-- 7i7 identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita2 7ii7 identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership1 walking1 bicycling1 and carpools2 and 7iii7 recommend zoning and other land use policies that would support infill1 transit-oriented development1 and mixed use development4 7,c7 ,vulnerability assessment ,a long-range transportation plan shall incorporate a vulnerability assessment that-- 7i7 includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events 7as such term is defined in section #abd72 7ii7 considers1 as applicable1 the risk management analysis in the ,state's asset management plan developed pursuant to section #aai1 and the ,state's evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part #ffg of title #bc1 ,code of ,federal ,regulations2 7iii7 identifies evacuation routes1 assesses the ability of any such routes to provide safe passage for evacuation1 access to health care and public health facilities1 and emergency response during an emergency event1 and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage2 7iv7 describes the ,states's adaptation and resilience improvement strategies that will inform the transportation investment decisions of the ,state2 and 7v7 is consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe74 7,d7 ,consultation ,the assessment described in this subparagraph shall be developed in consultation with1 as appropriate1 ,state1 local1 and ,tribal officials responsible for land use1 housing1 resilience1 hazard mitigation1 and emergency management4 4 7,b7 ,resilience projects ,section #ace7;g77#e77;,b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7iii7 ,resilience projects ,the ,,stip shall-- 7,i7 identify projects that address the vulnerabilities identified by the assessment in subsection 7i77#aj77;,b72 and 7,,ii7 describe how each project identified under subclause 7,i7 would improve the resilience of the transportation system4 4 7#b7 ,amendments to title #di 7,a7 ,climate change and resilience ,section #ecjd7;f7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#aj7 ,climate change and resilience 7,a7 ,in general ,the transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of ,federal resources4 7,b7 ,climate change mitigation and impacts ,a long-range transportation plan shall-- 7i7 identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita2 7ii7 identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership1 walking1 bicycling1 and carpools2 and 7iii7 recommend zoning and other land use policies that would support infill1 transit-oriented development1 and mixed use development4 7,c7 ,vulnerability assessment ,a long-range transportation plan shall incorporate a vulnerability assessment that-- 7i7 includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events 7as such term is defined in section #abd of title #bc72 7ii7 considers1 as applicable1 the risk management analysis in the ,state's asset management plan developed pursuant to section #aai of title #bc1 and the ,state's evaluation of reasonable alternatives to repeatedly damaged facilities conducted under part #ffg of title #bc1 ,code of ,federal ,regulations2 7iii7 identifies evacuation routes1 assesses the ability of any such routes to provide safe passage for evacuation1 access to health care and public health facilities1 and emergency response during an emergency event1 and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage2 7iv7 describes the ,state's adaptation and resilience improvement strategies that will inform the transportation investment decisions of the ,state2 and 7v7 is consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe74 7,d7 ,consultation ,the assessment described in this subparagraph shall be developed in consultation with1 as appropriate1 ,state1 local1 and ,tribal officials responsible for land use1 housing1 resilience1 hazard mitigation1 and emergency management4 4 7,b7 ,resilience projects ,section #ecjd7;g77#e77;,b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7iii7 ,resilience projects ,the ,,stip shall-- 7,i7 identify projects that address the vulnerabilities identified by the assessment in subsection 7i77#aj77;,b72 and 7,,ii7 describe how each project identified under subclause 7,i7 would improve the resilience of the transportation system4 4 #abjc4 ,emergency relief 7a7 ,in general ,section #abe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7 by inserting wildfire1 after severe storm12 7#b7 by striking subsection 7b72 7#c7 in subsection 7c77#b77;,a7 by striking in any #a fiscal year commencing after ,september #cj1 #aihj1 and inserting in any fiscal year2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#c77;,c7 by striking subsection 7e77#a7 and inserting subsection 7g72 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,the ,secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on ,federal-aid highways in accordance with this chapter4 7#b7 ,restrictions 7,a7 ,in general ,no funds shall be expended from the emergency fund authorized by this section unless-- 7i7 an emergency has been declared by the ,governor of the ,state with concurrence by the ,secretary1 unless the ,president has declared the emergency to be a major disaster for the purposes of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 for which concurrence of the ,secretary is not required2 and 7ii7 the ,secretary has received an application from the ,state transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than #b years after the natural disaster or catastrophic failure4 7,b7 ,cost limitation ,the total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility unless the ,secretary determines that the project incorporates economically justified betterments1 including protective features to increase the resilience of the facility4 7#c7 ,special rule for bridge projects ,in no case shall funds be used under this section for the repair or reconstruction of a bridge-- 7,a7 that has been permanently closed to all vehicular traffic by the ,state or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration2 or 7,b7 if a construction phase of a replacement structure is included in the approved statewide transportation improvement program at the time of an event described in subsection 7a74 2 7#e7 in subsection 7e7-- 7,a7 by striking paragraph 7#a72 7,b7 in paragraph 7#b7 by striking subsection 7d77#a7 and inserting subsection 7c77#a72 and 7,c7 by redesignating paragraphs 7#b7 and 7#c71 as amended1 as paragraphs 7#a7 and 7#b71 respectively2 7#f7 by redesignating subsections 7c7 through 7g71 as amended1 as subsections 7b7 through 7f71 respectively2 and 7#g7 by adding at the end the following3 7g7 ,imposition of deadline 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of-- 7,a7 the date on which the ,governor declared the emergency1 as described in subsection 7d77#b77;,a77i72 or 7,b7 the date on which the ,president declared the emergency to be a major disaster1 as described in such subsection4 7#b7 ,extension of deadline ,if the ,secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph 7#a71 the ,secretary may1 upon the request of the ,governor of the ,state1 issue an extension of not more than #a year to complete such advancement1 and may issue additional extensions after the expiration of any extension1 if the ,secretary determines the ,governor of the ,state has provided suitable justification to warrant such an extension4 7h7 ,hazard mitigation pilot program 7#a7 ,in ,general ,the ,secretary shall establish a hazard mitigation pilot program for the purpose of mitigating future hazards posed to ,federal-aid highways4 7#b7 ,distribution of funds 7,a7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary for the pilot program established under this subsection4 7,b7 ,calculation ,every #f months1 the ,secretary shall calculate the total amount of outstanding eligible repair costs under the emergency relief program under this section1 including the emergency relief backlog1 for each ,state1 territory1 ,tribal government1 or other eligible entity4 7,c7 ,distribution ,any amounts made available under this subsection shall be distributed to each ,state1 territory1 ,tribal government1 or other eligible entity based on-- 7i7 the ratio of the total amount of outstanding eligible repair costs as described under subparagraph 7,b72 bears to 7ii7 the total amounts appropriated for the purposes described in this subsection4 7,d7 ,limitation ,the distribution described under subparagraph 7,c7 shall not exceed #e percent of the amount described in subparagraph 7,b74 7#c7 ,eligible activities ,amounts made available under this subsection shall be used for protective features or other hazard mitigation activities that-- 7,a7 the ,secretary determines are cost effective and that reduce the risk of1 or increase the resilience to1 future damage to existing assets as a result of natural disasters2 and 7,b7 are eligible under section #abd4 7#d7 ,report ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate an annual report detailing-- 7,a7 a description of the activities carried out under the pilot program2 7,b7 an evaluation of the effectiveness of the pilot program in meeting purposes descried in paragraph 7#a72 7,c7 policy recommendations to improve the effectiveness of the pilot program4 7#e7 ,sunset ,the authority provided under this subsection shall terminate on ,october #a1 #bjbe4 7i7 ,improving the emergency relief program ,not later than #ij days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall-- 7#a7 revise the emergency relief manual of the ,federal ,highway ,administration-- 7,a7 to include and reflect the definition of the term resilience 7as defined in section #aja7;a772 7,b7 to identify procedures that ,states may use to incorporate resilience into emergency relief projects2 and 7,c7 to encourage the use of context sensitive design principles and consideration of access for moderate- and low-income families impacted by a declared disaster2 7#b7 develop best practices for improving the use of resilience in-- 7,a7 the emergency relief program under section #abe2 and 7,b7 emergency relief efforts2 7#c7 provide to division offices of the ,federal ,highway ,administration and ,state departments of transportation information on the best practices developed under paragraph 7#b72 and 7#d7 develop and implement a process to track-- 7,a7 the consideration of resilience as part of the emergency relief program under section #abe2 and 7,b7 the costs of emergency relief projects4 7j7 ,definitions ,in this section3 7#a7 ,comparable facility ,the term comparable facility means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life4 7#b7 ,construction phase ,the term construction phase means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases1 such as planning1 design1 or right-of-way phases1 in the ,state transportation improvement program4 7#c7 ,open to public travel ,the term open to public travel means with respect to a road1 that1 except during scheduled periods1 extreme weather conditions1 or emergencies1 the road-- 7,a7 is maintained2 7,b7 is open to the general public2 and 7,c7 can accommodate travel by a standard passenger vehicle1 without restrictive gates or prohibitive signs or regulations1 other than for general traffic control or restrictions based on size1 weight1 or class of registration4 7#d7 ,standard passenger vehicle ,the term standard passenger vehicle means a vehicle with #f inches of clearance from the lowest point of the frame1 body1 suspension1 or differential to the ground4 4 7b7 ,conforming amendments 7#a7 ,federal lands and tribal transportation programs ,section #bja7;c77#h77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking section #abe7;e7 and inserting section #abe7;g74 7#b7 ,tribal transportation program ,section #bjb7;b77#f77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking section #abe7;e7 and inserting section #abe7;d74 7c7 ,repeal ,section #ffh4aje7;h7 of title #bc1 ,code of ,federal ,regulations1 is repealed4 #abjd4 ,railway crossings 7a7 ,in general ,section #acj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking ,railway-highway crossings and inserting ,railway crossings2 7#b7 in subsection 7a7-- 7,a7 by striking ,subject to section #abj and subsection 7b7 of this section1 the entire and inserting ,in general4--,the2 7,b7 by striking then the entire and inserting the2 and 7,c7 by striking 1 subject to section #abj and subsection 7b7 of this section12 7#c7 by amending subsection 7b7 to read as follows3 7b7 ,classification 7#a7 ,in general ,the construction of projects for the elimination of hazards at railway crossings represents a benefit to the railroad4 ,the ,secretary shall classify the various types of projects involved in the elimination of hazards of railway-highway crossings1 and shall set for each such classification a percentage of the total project cost that represent the benefit to the railroad or railroads for the purpose of determining the railroad's share of the total project cost4 ,the ,secretary shall determine the appropriate classification of each project4 7#b7 ,noncash contributions 7,a7 ,in general ,not more than #e percent of the cost share described in paragraph 7#a7 may be attributable to noncash contributions of materials and labor furnished by the railroad in connection with the construction of such project4 7,b7 ,requirement ,the requirements under section #bjj4cjf and #bjj4djc7;g7 of title #b1 ,code of ,federal ,regulations 7or successor regulations71 shall apply to any noncash contributions under this subsection4 7#c7 ,total project cost ,for the purposes of this subsection1 the determination of the railroad's share of the total project cost shall include environment1 design1 right-of-way1 utility accommodation1 and construction phases of the project4 2 7#d7 in subsection 7c7-- 7,a7 by striking ,any railroad involved and inserting ,benefit4--,any railroad involved2 7,b7 by striking the net benefit and inserting the cost associated with the benefit2 and 7,c7 by striking ,such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project42 7#e7 by striking subsection 7e7 and inserting the following3 7e7 ,railway crossings 7#a7 ,eligible activities ,funds apportioned to a ,state under section #ajd7;b77#g7 may be obligated for the following3 7,a7 ,the elimination of hazards at railway-highway crossings1 including technology or protective upgrades4 7,b7 ,construction or installation of protective devices 7including replacement of functionally obsolete protective devices7 at railway-highway crossings4 7,c7 ,infrastructure and noninfrastructure projects and strategies to prevent or reduce suicide or trespasser fatalities and injuries along railroad rights-of-way and at or near railway-highway crossings4 7,d7 ,projects to mitigate any degradation in the level of access from a highway-grade crossing closure4 7,e7 ,bicycle and pedestrian railway grade crossing improvements1 including underpasses and overpasses4 7,f7 ,projects eligible under section #bbijg7;c77#e7 of title #di1 provided that amounts obligated under this subparagraph-- 7i7 shall be administered by the ,secretary in accordance with such section as if such amounts were made available to carry out such section2 and 7ii7 may be used to pay up to #ij percent of the non-,federal share of the cost of a project carried out under such section4 7#b7 ,special rule ,if a ,state demonstrates to the satisfaction of the ,secretary that the ,state has met all its needs for installation of protective devices at railway-highway crossings1 the ,state may use funds made available by this section for other highway safety improvement program purposes4 2 7#f7 by striking subsection 7f7 and inserting the following3 7f7 ,federal share ,notwithstanding section #abj1 the ,federal share payable on account of any project financed with funds made available to carry out subsection 7e7 shall be up to #ij percent of the cost thereof4 2 7#g7 by striking subsection 7g7 and inserting the following3 7g7 ,report 7#a7 ,state report 7,a7 ,in general ,not later than #b years after the date of enactment of the ,,invest in ,america ,act1 and at least biennially thereafter1 each ,state shall submit to the ,secretary a report on the progress being made to implement the railway crossings program authorized by this section and the effectiveness of such improvements4 7,b7 ,contents ,each ,state report under subparagraph 7,a7 shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations4 7#b7 ,departmental report 7,a7 ,in general ,not later than #ahj days after the deadline for the submission of a report under paragraph 7#a77;,a71 the ,secretary shall publish on the website of the ,department of ,transportation a report on the progress being made by the ,state in implementing projects to improve railway-highway crossings4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7i7 the number of projects undertaken2 7ii7 distribution of such projects by cost range1 road system1 nature of treatment1 and subsequent accident experience at improved locations2 7iii7 an analysis and evaluation of each ,state program2 7iv7 the identification of any ,state found not to be in compliance with the schedule of improvements required by subsection 7d72 and 7v7 recommendations for future implementation of the railway crossings program4 2 7#h7 in subsection 7j7-- 7,a7 in the heading by inserting and pedestrian after ,bicycle2 and 7,b7 by inserting and pedestrian after bicycle2 and 7#i7 in subsection 7l7-- 7,a7 in paragraph 7#a7 by striking ,not later than and all that follows through each ,state and inserting ,not later than #f months after a new railway crossing becomes operational1 each ,state2 and 7,b7 in paragraph 7#b7 by striking ,on a periodic and all that follows through every year thereafter and inserting ,on or before ,september #cj of each year4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by amending the item relating to section #acj to read as follows3 #acj4 ,railway crossings4 4 7c7 ,,gao study ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes an analysis of the effectiveness of the railway crossing program under section #acj of title #bc1 ,united ,states ,code4 7d7 ,sense of ,congress relating to trespasser deaths along railroad rights-of-,way ,it is the sense of ,congress that the ,department of ,transportation should1 where feasible1 coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings4 #abje4 ,surface transportation program 7a7 ,in general ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading by striking block grant2 7#b7 in subsection 7a7 by striking block grant2 7#c7 in subsection 7b7-- 7,a7 by striking block grant2 7,b7 in paragraph 7#d7 by striking railway-highway grade crossings and inserting projects eligible under section #acj and installation of safety barriers and nets on bridges2 7,c7 in paragraph 7#f7-- 7i7 by striking ,recreational and inserting ,transportation alternatives projects eligible under subsection 7h71 recreational2 and 7ii7 by striking #adjd of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7 and inserting #baa2 and 7,d7 by adding at the end the following3 7#af7 ,protective features 7including natural infrastructure and vegetation control and clearance7 to enhance the resilience of a transportation facility otherwise eligible for assistance under this section4 7#ag7 ,projects to reduce greenhouse gas emissions eligible under section #aga1 including the installation of electric vehicle charging infrastructure4 7#ah7 ,projects and strategies to reduce vehicle-caused wildlife mortality related to1 or to restore and maintain connectivity among terrestrial or aquatic habitats affected by1 a transportation facility otherwise eligible for assistance under this section4 7#ai7 ,a surface transportation project carried out in accordance with the national travel and tourism infrastructure strategic plan under section #adca7;e7 of the ,,fast ,act 7#di ,u4,s4,c4 #cja note74 7#bj7 roads in rural areas that primarily serve to transport agricultural products from a farm or ranch to a marketplace4 2 7#d7 in subsection 7c7-- 7,a7 by striking block grant and inserting program2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 for a project described in-- 7,a7 subsection 7h72 or 7,b7 section #aja7;a77#bi71 as in effect on the day before the date of enactment of the ,,fast ,act2 2 7,c7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 for a project described in section #ecjh of title #di2 and 2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting each fiscal year after apportioned to a ,state2 7ii7 by striking the reservation of and inserting setting aside2 and 7iii7 in subparagraph 7,a7-- 7,i7 by striking the percentage specified in paragraph 7#f7 for a fiscal year and inserting #eg percent for fiscal year #bjbb1 #eh percent for fiscal year #bjbc1 #ei percent for fiscal year #bjbd1 and #fj percent for fiscal year #bjbe2 7,,ii7 in clause 7i7 by striking of over and inserting greater than2 and 7,,iii7 by striking clauses 7ii7 and 7iii7 and inserting the following3 7ii7 in urbanized areas of the ,state with an urbanized area population greater than #di1iii and less than #bjj1jja2 7iii7 in urban areas of the ,state with a population greater than #d1iii and less than #ej1jjj2 and 7iv7 in other areas of the ,state with a population less than #e1jjj2 and 2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,local coordination and consultation 7,a7 ,coordination with metropolitan planning organizations ,for purposes of paragraph 7#a77;,a77ii71 a ,state shall-- 7i7 establish a process to coordinate with all metropolitan planning organizations in the ,state that represent an urbanized area described in such paragraph2 and 7ii7 describe how funds described under paragraph 7#a77;,a77ii7 will be allocated equitably among such urbanized areas during the period of fiscal years #bjbb through #bjbe4 7,b7 ,joint responsibility ,each ,state and the ,secretary shall jointly ensure compliance with subparagraph 7,a74 7,c7 ,consultation with regional transportation planning organizations ,for purposes of clauses 7iii7 and 7iv7 of paragraph 7#a77;,a71 before obligating funding attributed to an area with a population less than #ej1jjj1 a ,state shall consult with the regional transportation planning organizations that represent the area1 if any4 2 7,c7 in the heading for paragraph 7#d7 by striking over #bjj1jjj and inserting greater than #bjj1jjj2 7,d7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,technical assistance 7,a7 ,in general ,the ,state and all metropolitan planning organizations in the ,state that represent an urbanized area with a population of greater than #bjj1jjj shall jointly establish a program to improve the ability of applicants to deliver projects under this subsection in an efficient and expeditious manner and reduce the period of time between the selection of the project and the obligation of funds for the project by providing-- 7i7 technical assistance and training to applicants for projects under this subsection2 and 7ii7 funding for one or more full-time ,state employee positions to administer this subsection4 7,b7 ,eligible funds ,to carry out this paragraph-- 7i7 a ,state shall set aside an amount equal to #a percent of the funds available under paragraph 7#a77;,a77i72 and 7ii7 at the request of an eligible metropolitan planning organization1 the ,state and metropolitan planning organization may jointly agree to use additional funds available under paragraph 7#a77;,a77i74 7,c7 ,use of funds ,amounts used under this paragraph may be expended-- 7i7 directly by the ,state2 or 7ii7 through contracts with ,state agencies1 private entities1 or nonprofit organizations4 2 7#f7 in subsection 7e77#a7-- 7,a7 by striking over #bjj1jjj and inserting greater than #bjj1jjj2 and 7,b7 by striking #bjaf through #bjbj and inserting #bjbb through #bjbe2 7#g7 by striking subsection 7f7 and inserting the following3 7f7 ,bridges not on ,federal-,aid highways 7#a7 ,definition of off-system bridge ,in this subsection1 the term off-system bridge means a bridge located on a public road1 other than a bridge on a ,federal-aid highway4 7#b7 ,special rule 7,a7 ,set aside ,of the amounts apportioned to a ,state for each fiscal year under this section other than the amounts described in subparagraph 7,c71 the ,state shall obligate for activities described in subsection 7b77#b7 7as in effect on the day before the date of enactment of the ,,fast ,act7 for off-system bridges an amount that is not less than #bj percent of the amounts available to such ,state under this section in fiscal year #bjbj1 not including the amounts described in subparagraph 7,c74 7,b7 ,reduction of expenditures ,the ,secretary1 after consultation with ,state and local officials1 may reduce the requirement for expenditures for off-system bridges under subparagraph 7,a7 with respect to the ,state if the ,secretary determines that the ,state has inadequate needs to justify the expenditure4 7,c7 ,limitations ,the following amounts shall not be used for the purposes of meeting the requirements of subparagraph 7,a73 7i7 ,amounts described in section #acc7;d77#a77;,a74 7ii7 ,amounts set aside under section #acc7;h74 7iii7 ,amounts described in section #eje7;a74 7#c7 ,credit for bridges not on ,federal-aid highways ,notwithstanding any other provision of law1 with respect to any project not on a ,federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from ,state and local sources1 is eligible for ,federal funds under this section1 is certified by the ,state to have been carried out in accordance with all standards applicable to such projects under this section1 and is determined by the ,secretary upon completion to be no longer a deficient bridge-- 7,a7 any amount expended after the date of enactment of this subsection from ,state and local sources for the project in excess of #bj percent of the cost of construction of the project may be credited to the non-,federal share of the cost of other bridge projects in the ,state that are eligible for ,federal funds under this section2 and 7,b7 that crediting shall be conducted in accordance with procedures established by the ,secretary4 2 and 7#h7 in subsection 7g7-- 7,a7 in the heading by striking #e1jjj and inserting #ej1jjj2 and 7,b7 in paragraph 7#a71 by striking subsection 7d77#a77;,a77ii7 and all that follows through the period at the end and inserting clauses 7iii7 and 7iv7 of subsection 7d77#a77;,a7 for each fiscal year may be obligated on roads functionally classified as rural minor collectors or local roads or on critical rural freight corridors designated under section #afg7;e744 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #acc and inserting the following3 #acc4 ,surface transportation program4 4 7c7 ,conforming amendments 7#a7 ,advance acquisition of real property ,section #ajh7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#b77;,a7 by striking block grant2 and 7,b7 in paragraph 7#c7 by striking block grant4 7#b7 ,public transportation ,section #adb7;e77#b7 of title #bc1 ,united ,states ,code1 is amended by striking block grant4 7#c7 ,highway use tax evasion projects ,section #adc7;b77#h7 of title #bc1 ,united ,states ,code1 is amended in the heading by striking block grant4 7#d7 ,congestion mitigation and air quality improvement program ,section #adi7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a77;,b7 by striking block grant2 and 7,b7 in paragraph 7#b77;,a7 by striking block grant4 7#e7 ,territorial and ,puerto ,rico highway program ,section #afe of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b77#b77;,a77ii7 by striking block grant each time such term appears2 and 7,b7 in subsection 7c77#f77;,a77i7 by striking block grant4 7#f7 ,magnetic levitation transportation technology deployment program ,section #cbb7;h77#c7 of title #bc1 ,united ,states ,code1 is amended by striking block grant4 7#g7 ,training and education ,section #ejd7;a77#d7 of title #bc1 ,united ,states ,code1 is amended by striking block grant4 #abjf4 ,transportation alternatives program ,section #acc7;h7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7h7 ,transportation alternatives program set-,aside 7#a7 ,set aside ,for each fiscal year1 of the total funds apportioned to all ,states under section #ajd7;b77#b7 for a fiscal year1 the ,secretary shall set aside an amount such that-- 7,a7 the ,secretary sets aside a total amount under this subsection for a fiscal year equal to #aj percent of such total funds2 and 7,b7 the ,state's share of the amount set aside under subparagraph 7,a7 is determined by multiplying the amount set aside under subparagraph 7,a7 by the ratio that-- 7i7 the amount apportioned to the ,state for the transportation enhancement program for fiscal year #bjji under section #acc7;d77#b71 as in effect on the day before the date of enactment of ,,map-#ba2 bears to 7ii7 the total amount of funds apportioned to all ,states for the transportation enhancements program for fiscal year #bjji4 7#b7 ,allocation within a ,state 7,a7 ,in general ,except as provided in subparagraph 7,b71 funds set aside for a ,state under paragraph 7#a7 shall be obligated within that ,state in the manner described in subsections 7d7 and 7e71 except that1 for purposes of this paragraph 7after funds are made available under paragraph 7#e77-- 7i7 for each fiscal year1 the percentage referred to in paragraph 7#a77;,a7 of subsection 7d7 shall be deemed to be #ff percent2 and 7ii7 paragraph 7#c7 of subsection 7d7 shall not apply4 7,b7 ,local control 7i7 ,in general ,a ,state may make available up to #ajj percent of the funds set aside under paragraph 7#a7 to the entities described in subclause 7,i7 if the ,state submits to the ,secretary1 and the ,secretary approves1 a plan that describes-- 7,i7 how such funds shall be made available to metropolitan planning organizations1 regional transportation planning organizations1 counties1 or other regional transportation authorities2 7,,ii7 how the entities described in subclause 7,i7 shall select projects for funding and how such entities shall report selected projects to the ,state2 7,,iii7 the legal1 financial1 and technical capacity of such entities2 and 7,,iv7 the procedures in place to ensure such entities comply with the requirements of this title4 7ii7 ,requirement ,a ,state that makes funding available under a plan approved under this subparagraph shall make available an equivalent amount of obligation authority to an entity described in clause 7i77,i7 to whom funds are made available under this subparagraph4 7#c7 ,eligible projects ,funds set aside under this subsection may be obligated for any of the following projects or activities3 7,a7 ,construction1 planning1 and design of on-road and off-road trail facilities for pedestrians1 bicyclists1 and other nonmotorized forms of transportation1 including sidewalks1 bicycle infrastructure1 pedestrian and bicycle signals1 traffic calming techniques1 lighting and other safety-related infrastructure1 and transportation projects to achieve compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7,b7 ,construction1 planning1 and design of infrastructure-related projects and systems that will provide safe routes for nondrivers1 including children1 older adults1 and individuals with disabilities to access daily needs4 7,c7 ,conversion and use of abandoned railroad corridors for trails for pedestrians1 bicyclists1 or other nonmotorized transportation users4 7,d7 ,construction of turnouts1 overlooks1 and viewing areas4 7,e7 ,community improvement activities1 including-- 7i7 inventory1 control1 or removal of outdoor advertising2 7ii7 historic preservation and rehabilitation of historic transportation facilities2 7iii7 vegetation management practices in transportation rights-of-way to improve roadway safety1 prevent against invasive species1 facilitate wildfire control1 and provide erosion control2 and 7iv7 archaeological activities relating to impacts from implementation of a transportation project eligible under this title4 7,f7 ,any environmental mitigation activity1 including pollution prevention and pollution abatement activities and mitigation to address stormwater management1 control1 and water pollution prevention or abatement related to highway construction or due to highway runoff1 including activities described in sections #cbh7;a7 and #cbi4 7,g7 ,projects and strategies to reduce vehicle-caused wildlife mortality related to1 or to restore and maintain connectivity among terrestrial or aquatic habitats affected by1 a transportation facility otherwise eligible for assistance under this subsection4 7,h7 ,the recreational trails program under section #bjf4 7,i7 ,the safe routes to school program under section #baa4 7,j7 ,activities in furtherance of a vulnerable road user assessment described in section #adh4 7,k7 ,any other projects or activities described in section #aja7;a77#bi7 or section #bac1 as such sections were in effect on the day before the date of enactment of the ,,fast ,act 7,public ,law #aad-id74 7#d7 ,access to funds 7,a7 ,in general ,a ,state1 metropolitan planning organization required to obligate funds in accordance with paragraph 7#b77;,a71 or an entity required to obligate funds in accordance with paragraph 7#b77;,b7 shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection4 ,a metropolitan planning organization for an area described in subsection 7d77#a77;,a77i7 shall select projects under such process in consultation with the relevant ,state4 7,b7 ,eligible entity defined ,in this paragraph1 the term eligible entity means-- 7i7 a local government1 including a county or multi-county special district2 7ii7 a regional transportation authority2 7iii7 a transit agency2 7iv7 a natural resource or public land agency2 7v7 a school district1 local education agency1 or school2 7vi7 a tribal government2 7vii7 a metropolitan planning organization that serves an urbanized area with a population of #bjj1jjj or fewer2 7viii7 a nonprofit organization carrying out activities related to transportation2 7ix7 any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails 7other than a metropolitan planning organization that serves an urbanized area with a population of over #bjj1jjj or a ,state agency7 that the ,state determines to be eligible1 consistent with the goals of this subsection2 and 7x7 a ,state1 at the request of any entity listed in clauses 7i7 through 7ix74 7#e7 ,continuation of certain recreational trails projects 7,a7 ,in general ,for each fiscal year1 a ,state shall-- 7i7 obligate an amount of funds set aside under this subsection equal to #age percent of the amount of the funds apportioned to the ,state for fiscal year #bjji under section #ajd7;h77#b71 as in effect on the day before the date of enactment of ,,map-#ba1 for projects relating to recreational trails under section #bjf2 7ii7 return #a percent of the funds described in clause 7i7 to the ,secretary for the administration of such program2 and 7iii7 comply with the provisions of the administration of the recreational trails program under section #bjf1 including the use of apportioned funds described in subsection 7d77#c77;,a7 of such section4 7,b7 ,state flexibility ,a ,state may opt out of the recreational trails program under this paragraph if the ,governor of the ,state notifies the ,secretary not later than #cj days prior to the date on which an apportionment is made under section #ajd for any fiscal year4 7#f7 ,improving accessibility and efficiency 7,a7 ,in general ,a ,state may use an amount equal to not more than #e percent of the funds set aside for the ,state under this subsection1 after allocating funds in accordance with paragraph 7#b77;,a71 to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing-- 7i7 to applicants for projects under this subsection application assistance1 technical assistance1 and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project2 and 7ii7 funding for one or more full-time ,state employee positions to administer this subsection4 7,b7 ,use of funds ,amounts used under subparagraph 7,a7 may be expended-- 7i7 directly by the ,state2 or 7ii7 through contracts with ,state agencies1 private entities1 or nonprofit entities4 7#g7 ,federal share 7,a7 ,flexible match 7i7 ,in general ,notwithstanding section #abj-- 7,i7 the non-,federal share for a project under this subsection may be calculated on a project1 multiple-project1 or program basis2 and 7,,ii7 the ,federal share of the cost of an individual project in this subsection may be up to #ajj percent4 7ii7 ,aggregate non-,federal share ,the average annual non-,federal share of the total cost of all projects for which funds are obligated under this subsection in a ,state for a fiscal year shall be not less than the non-,federal share authorized for the ,state under section #abj7;b74 7iii7 ,requirement ,this subparagraph shall only apply to a ,state if such ,state has adequate financial controls1 as certified by the ,secretary1 to account for the average annual non-,federal share under this subparagraph4 7,b7 ,safety projects ,notwithstanding section #abj1 funds made available to carry out section #adh may be credited toward the non-,federal share of the costs of a project under this subsection if the project-- 7i7 is a project described in section #adh7;e77#a72 and 7ii7 is consistent with the ,state strategic highway safety plan 7as defined in section #adh7;a774 7#h7 ,flexibility 7,a7 ,state authority 7i7 ,in general ,a ,state may use not more than #ej percent of the funds set aside under this subsection that are available for obligation in any area of the ,state 7suballocated consistent with the requirements of subsection 7d77#a77;,b77 for any purpose eligible under subsection 7b74 7ii7 ,restriction ,funds may be used as described in clause 7i7 only if the ,state demonstrates to the ,secretary-- 7,i7 that the ,state held a competition in compliance with the requirements of this subsection in such form as the ,secretary determines appropriate2 7,,ii7 that the ,state offered technical assistance to all eligible entities and provided such assistance upon request by an eligible entity2 and 7,,iii7 that there were not sufficient suitable applications from eligible entities to use the funds described in clause 7i74 7,b7 ,,mpo authority 7i7 ,in general ,a metropolitan planning organization that represents an urbanized area with a population of greater than #bjj1jjj may use not more than #ej percent of the funds set aside under this subsection for an urbanized area described in subsection 7d77#a77;,a77i7 for any purpose eligible under subsection 7b74 7ii7 ,restriction ,funds may be used as described in clause 7i7 only if the ,secretary certifies that the metropolitan planning organization-- 7,i7 held a competition in compliance with the requirements of this subsection in such form as the ,secretary determines appropriate2 and 7,,ii7 demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause 7i74 7#i7 ,annual reports 7,a7 ,in general ,each ,state or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the ,secretary an annual report that describes-- 7i7 the number of project applications received for each fiscal year1 including-- 7,i7 the aggregate cost of the projects for which applications are received2 and 7,,ii7 the types of projects to be carried out1 expressed as percentages of the total apportionment of the ,state under this subsection2 and 7ii7 the list of each project selected for funding for each fiscal year1 including specifying the fiscal year for which the project was selected1 the fiscal year in which the project is anticipated to be funded1 the recipient1 the location1 the type1 and a brief description4 7,b7 ,public availability ,the ,secretary shall make available to the public1 in a user-friendly format on the website of the ,department of ,transportation1 a copy of each annual report submitted under subparagraph 7,a74 4 #abjg4 ,bridge investment 7a7 ,in general ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking ,national bridge and tunnel inventory and inspection standards and inserting ,bridges and tunnels2 7#b7 in subsection 7a77#a77;,b7 by striking deficient2 7#c7 in subsection 7b77#e7 by striking structurally deficient bridge and inserting bridge classified as in poor condition2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#b7 by striking ,not later than #b years after the date of enactment of the ,,map-#ba1 each and inserting ,each2 and 7,b7 by striking paragraph 7#d72 7#e7 in subsection 7j7-- 7,a7 in paragraph 7#b7 by inserting 1 #abd1 after section #aai2 7,b7 in paragraph 7#c77;,a7 by inserting 1 #abd1 after section #aai2 and 7,c7 in paragraph 7#e7 by striking financial characteristics and all that follows through the end and inserting ,federal share42 and 7#f7 by adding at the end the following3 7l7 ,highway bridge replacement and rehabilitation 7#a7 ,goals ,the goals of this subsection shall be to-- 7,a7 support the achievement of a state of good repair for the ,nation's bridges2 7,b7 improve the safety1 efficiency1 and reliability of the movement of people and freight over bridges2 and 7,c7 improve the condition of bridges in the ,united ,states by reducing-- 7i7 the number of bridges-- 7,i7 in poor condition2 or 7,,ii7 in fair condition and at risk of falling into poor condition2 7ii7 the total person miles traveled over bridges-- 7,i7 in poor condition2 or 7,,ii7 in fair condition and at risk of falling into poor condition2 7iii7 the number of bridges that-- 7,i7 do not meet current geometric design standards2 or 7,,ii7 cannot meet the load and traffic requirements typical of the regional transportation network2 and 7iv7 the total person miles traveled over bridges that-- 7,i7 do not meet current geometric design standards2 or 7,,ii7 cannot meet the load and traffic requirements typical of the regional transportation network4 7#b7 ,bridges on public roads 7,a7 ,minimum bridge investment ,excluding the amounts described in subparagraph 7,c71 of the total funds apportioned to a ,state under paragraphs 7#a7 and 7#b7 of section #ajd7;b7 for fiscal years #bjbb to #bjbe1 a ,state shall obligate not less than #bj percent for projects described in subparagraph 7,e74 7,b7 ,program flexibility ,a ,state required to obligate funds under subparagraph 7,a7 may use any combination of funds apportioned to a ,state under paragraphs 7#a7 and 7#b7 of section #ajd7;b74 7,c7 ,limitation ,amounts described below may not be used for the purposes of calculating or meeting the minimum bridge investment requirement under subparagraph 7,a7-- 7i7 amounts described in section #acc7;d77#a77;,a72 7ii7 amounts set aside under section #acc7;h72 and 7iii7 amounts described in section #eje7;a74 7,d7 ,rule of construction ,nothing in this section shall be construed to prohibit the expenditure of funds described in subparagraph 7,c7 for bridge projects eligible under such section4 7,e7 ,eligible projects ,funds required to be obligated in accordance with paragraph 7#b77;,a7 may be obligated for projects or activities that-- 7i7 are otherwise eligible under either section #aai or section #acc1 as applicable2 7ii7 support the achievement of performance targets of the ,state established under section #aej or provide support for the condition and performance of bridges on public roads within the ,state2 and 7iii7 remove a bridge classified as in poor condition in order to improve community connectivity1 or replace1 reconstruct1 rehabilitate1 preserve1 or protect a bridge included on the national bridge inventory authorized by subsection 7b71 including through-- 7,i7 seismic retrofits2 7,,ii7 systematic preventive maintenance2 7,,iii7 installation of scour countermeasures2 7,,iv7 the use of innovative materials that extend the service life of the bridge and reduce preservation costs1 as compared to conventionally designed and constructed bridges2 7,v7 the use of nontraditional production techniques1 including factory prefabrication2 7,,vi7 painting for purposes of bridge protection2 7,,vii7 application of calcium magnesium acetate1 sodium acetate_/formate1 or other environmentally acceptable1 minimally corrosive anti-icing and deicing compositions2 7,,viii7 corrosion control2 7,,ix7 construction of protective features 7including natural infrastructure7 alone or in combination with other activities eligible under this paragraph to enhance resilience of a bridge2 7,x7 bridge security countermeasures2 7,,xi7 impact protection measures for bridges2 7,,xii7 inspection and evaluation of bridges2 and 7,,xiii7 training for bridge inspectors consistent with subsection 7i74 7,f7 ,bundles of projects ,a ,state may use a bundle of projects as described in subsection 7j7 to satisfy the requirements of subparagraph 7,a71 if each project in the bundle is otherwise eligible under subparagraph 7,e74 7,g7 ,flexibility ,the ,secretary may1 at the request of a ,state1 reduce the required obligation under subparagraph 7,a7 if-- 7i7 the reduction is consistent with a ,state's asset management plan for the ,national ,highway ,system2 7ii7 the reduction will not limit a ,state's ability to meet its performance targets under section #aej or to improve the condition and performance of bridges on public roads within the ,state2 and 7iii7 the ,state demonstrates that it has inadequate needs to justify the expenditure4 7,h7 ,bridge investment report ,the ,secretary shall annually publish on the website of the ,department of ,transportation a bridge investment report that includes-- 7i7 the total ,federal funding obligated for bridge projects in the most recent fiscal year1 on a ,state-by-,state basis and broken out by ,federal program2 7ii7 the total ,federal funding obligated1 on a ,state-by-,state basis and broken out by ,federal program1 for bridge projects carried out pursuant to the minimum bridge investment requirements under subparagraph 7,a72 7iii7 the progress made by each ,state toward meeting the minimum bridge investment requirement under subparagraph 7,a7 for such ,state1 both cumulatively and for the most recent fiscal year2 7iv7 a summary of-- 7,i7 each request made under subparagraph 7,g7 by a ,state for a reduction in the minimum bridge investment requirement under subparagraph 7,a72 and 7,,ii7 for each request described in subclause 7,i7 that is granted by the ,secretary-- 7aa7 the percentage and dollar amount of the reduction2 and 7bb7 an explanation of how the ,state met each of the criteria described in subparagraph 7,g72 and 7v7 a summary of-- 7,i7 each request made by a ,state for a reduction in the obligation requirements under section #acc7;f72 and 7,,ii7 for each request that is granted by the ,secretary-- 7aa7 the percentage and dollar amount of the reduction2 and 7bb7 an explanation of how the ,secretary made the determination under section #acc7;f77#b77;,b74 7,i7 ,off-system bridges ,a ,state may apply amounts obligated under this subsection or section #acc7;f77#b77;,a7 to the obligation requirements of both this subsection and section #acc7;f74 7,j7 ,,nhs penalty ,a ,state may apply amounts obligated under this subsection or section #aai7;f77#b7 to the obligation requirements of both this subsection and section #aai7;f77#b74 7,k7 ,compliance ,if a ,state fails to satisfy the requirements of subparagraph 7,a7 by the end of fiscal year #bjbe1 the ,secretary may subject the ,state to appropriate program sanctions under section #a4cf of title #bc1 ,code of ,federal ,regulations 7or successor regulations74 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #add and inserting the following3 #add4 ,bridges and tunnels4 4 #abjh4 ,construction of ferry boats and ferry terminal facilities ,section #adg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7h72 and 7#b7 by redesignating subsections 7i7 and 7j7 as subsections 7h7 and 7i71 respectively4 #abji4 ,highway safety improvement program 7a7 ,in general ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d77;,b7-- 7i7 by striking only includes a project and inserting includes a project2 7ii7 in clause 7xiii7 by inserting 1 including the development of a vulnerable road user safety assessment or a vision zero plan under section #afja of the ,,invest in ,america ,act after safety planning2 7iii7 by amending clause 7xviii7 to read as follows3 7xviii7 ,safe routes to school infrastructure-related projects eligible under section #baa4 2 7iv7 in clause 7xxvi7 by inserting or leading pedestrian intervals after hybrid beacons2 and 7v7 by striking clause 7xxviii7 and inserting the following3 7xxviii7 ,a pedestrian security feature designed to slow or stop a motor vehicle4 7xxix7 ,installation of infrastructure improvements1 including sidewalks1 crosswalks1 signage1 and bus stop shelters or protected waiting areas4 2 7,b7 in paragraph 7#aa7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7ix7 by striking and at the end2 7,,ii7 by redesignating clause 7x7 as clause 7xi72 and 7,,iii7 by inserting after clause 7ix7 the following3 7x7 ,state or local representatives of educational agencies to address safe routes to school and schoolbus safety2 and 2 7ii7 in subparagraph 7,e7 by inserting ,tribal1 after ,state12 7iii7 by redesignating subparagraphs 7,g71 7,h71 and 7,i7 as subparagraphs 7,h71 7,i71 and 7,j71 respectively2 and 7iv7 by inserting after subparagraph 7,f7 the following3 7,g7 includes a vulnerable road user safety assessment described under paragraph 7#af72 2 7,c7 by redesignating paragraphs 7#aj71 7#aa71 and 7#ab7 as paragraphs 7#ab71 7#ac71 and 7#ad71 respectively2 7,d7 by inserting after paragraph 7#i7 the following3 7#aj7 ,safe system approach ,the term safe system approach means a roadway design that emphasizes minimizing the risk of injury or fatality to road users and that-- 7,a7 takes into consideration the possibility and likelihood of human error2 7,b7 accommodates human injury tolerance by taking into consideration likely crash types1 resulting impact forces1 and the human body's ability to withstand such forces2 and 7,c7 takes into consideration vulnerable road users4 7#aa7 ,specified safety project 7,a7 ,in general ,the term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the ,state strategic highway safety plan4 7,b7 ,inclusion ,the term specified safety project includes a project that-- 7i7 promotes public awareness and informs the public regarding highway safety matters 7including safety for motorcyclists1 bicyclists1 pedestrians1 individuals with disabilities1 and other road users72 7ii7 facilitates enforcement of traffic safety laws2 7iii7 provides infrastructure and infrastructure-related equipment to support emergency services2 7iv7 conducts safety-related research to evaluate experimental safety countermeasures or equipment2 or 7v7 supports safe routes to school noninfrastructure-related activities described under section #baa7;e77#b74 2 and 7,e7 by adding at the end the following3 7#ae7 ,vulnerable road user ,the term vulnerable road user means a nonmotorist-- 7,a7 with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section #dij4bje of title #bc1 ,code of ,federal ,regulations 7or successor regulation72 or 7,b7 described in the term number of non-motorized serious injuries in such section4 7#af7 ,vulnerable road user safety assessment ,the term vulnerable road user safety assessment means an assessment of the safety performance of the ,state or a metropolitan planning organization within the ,state with respect to vulnerable road users and the plan of the ,state or metropolitan planning organization to improve the safety of vulnerable road users described in subsection 7l74 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking 7a77#aa7 and inserting 7a77#ac72 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77vi7 by inserting 1 consistent with the vulnerable road user safety assessment after nonmotorized crashes2 7ii7 in subparagraph 7,b77i7-- 7,i7 by inserting 1 consistent with a safe system approach1 after identify2 7,,ii7 by inserting excessive design speeds and speed limits1 after crossing needs12 and 7,,iii7 by striking motorists 7including motorcyclists71 bicyclists1 pedestrians1 and other highway users and inserting road users2 and 7iii7 in subparagraph 7,d77iii7 by striking motorists 7including motorcyclists71 bicyclists1 pedestrians1 persons with disabilities1 and other highway users and inserting road users2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by striking ,not later than #a year after the date of enactment of the ,,map-#ba1 the and inserting ,the2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7iv7 by inserting and serious injury after fatality2 7,,ii7 in clause 7vii7 by striking 2 and and inserting a semicolon2 7,,iii7 by redesignating clause 7viii7 as clause 7ix72 and 7,,iv7 by inserting after clause 7vii7 the following3 7viii7 the findings of a vulnerable road user safety assessment of the ,state2 and 2 and 7,b7 in paragraph 7#b77;,b77i7 by striking subsection 7a77#aa7 and inserting subsection 7a77#ac72 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a77;,c7 by striking 1 without regard to whether the project is included in an applicable ,state strategic highway safety plan2 and 7,b7 by adding at the end the following3 7#c7 ,flexible funding for specified safety projects 7,a7 ,in general ,to advance the implementation of a ,state strategic highway safety plan1 a ,state may use not more than #aj percent of the amounts apportioned to the ,state under section #ajd7;b77#c7 for a fiscal year to carry out specified safety projects4 7,b7 ,rule of statutory construction ,nothing in this paragraph shall be construed to require a ,state to revise any ,state process1 plan1 or program in effect on the date of enactment of this paragraph4 7,c7 ,effect of paragraph 7i7 ,requirements ,a project funded under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project4 7ii7 ,other apportioned programs ,subparagraph 7,a7 shall not apply to amounts that may be obligated for noninfrastructure projects apportioned under any other paragraph of section #ajd7;b74 2 7#e7 in subsection 7g7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,high-risk rural road safety 7,a7 ,in general ,if a ,state determines that the fatality rate on rural roads in such ,state for the most recent #b-year period for which data are available exceeds the median fatality rate for rural roads among all ,states1 that ,state shall be required to-- 7i7 obligate over the #b fiscal years following the fiscal year in which such determination is made for projects on high-risk rural roads an amount not less than #g4e percent of the amounts apportioned to the ,state under section #ajd7;b77#c7 for fiscal year #bjbj2 and 7ii7 include1 in the subsequent update to the ,state strategic highway safety plan1 strategies to reduce the fatality rate4 7,b7 ,source of funds ,any amounts obligated under subparagraph 7,a7 shall be from amounts described under section #acc7;d77#a77;,b74 7,c7 ,annual determination ,the determination described under subparagraph 7,a7 shall be made on an annual basis4 7,d7 ,consultation ,in carrying out a project with an amount obligated under subparagraph 7,a71 a ,state shall consult with1 as applicable1 local governments1 metropolitan planning organizations1 and regional transportation planning organizations4 2 7,b7 in paragraph 7#b7-- 7i7 in the heading by striking drivers and inserting road users2 and 7ii7 by striking address the increases in and inserting reduce2 and 7,c7 by adding at the end the following3 7#c7 ,vulnerable road user safety 7,a7 ,in general ,beginning on the date of enactment of the ,,invest in ,america ,act1 if a ,state determines that the number of vulnerable road user fatalities and serious injuries per capita in such ,state over the most recent #b-year period for which data are available exceeds the median number of such fatalities and serious injuries per capita among all ,states1 that ,state shall be required to obligate over the #b fiscal years following the fiscal year in which such determination is made an amount that is not less than #ej percent of the amount set aside in such ,state under section #acc7;h77#a7 for fiscal year #bjbj1 less any amounts obligated by a metropolitan planning organization in the ,state as required by subparagraph 7,d71 for-- 7i7 in the first fiscal year-- 7,i7 performing the vulnerable user safety assessment as prescribed by subsection 7l72 7,,ii7 providing matching funds for transportation alternatives safety project as identified in section #acc7;h77#g77;,b72 and 7,,iii7 projects eligible under section #acc7;h77#c77;,a71 7,b71 7,c71 or 7,i72 and 7ii7 in each fiscal year thereafter1 the program of projects identified in subsection 7l77#b77;,c74 7,b7 ,source of funds ,any amounts obligated under subparagraph 7,a7 shall be from amounts described in section #acc7;d77#a77;,b74 7,c7 ,annual determination ,the determination described under subparagraph 7,a7 shall be made on an annual basis4 7,d7 ,metropolitan planning area with excessive fatalities and serious injuries per capita 7i7 ,annual determination ,beginning on the date of enactment of the ,,invest in ,america ,act1 a metropolitan planning organization representing an urbanized area with a population greater than #bjj1jjj shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent #b-year period4 7ii7 ,requirement to obligate funds ,if such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent #b-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over #bjj1jjj1 then there shall be obligated over the #b fiscal years following the fiscal year in which such determination is made an amount that is not less than #ej percent of the amount set aside for that urbanized area under section #acc7;h77#b7 for fiscal year #bjbj for projects identified in the program of projects described in subsection 7l77#g77;,c74 7,e7 ,source of funds 7i7 ,metropolitan planning organization in ,state required to obligate funds ,for a metropolitan planning organization in a ,state required to obligate funds to vulnerable user safety under subparagraph 7,a71 the ,state shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph 7,b7 for projects described in subsection 7l77#g74 7ii7 ,other metropolitan planning organizations ,for a metropolitan planning organization that is not located within a ,state required to obligate funds to vulnerable user safety under subparagraph 7,a71 the ,state shall be required to obligate from amounts apportioned under section #ajd7;b77#c7 for projects described in subsection 7l77#g74 2 7#f7 in subsection 7h77#a77;,a7 by inserting 1 including any efforts to reduce vehicle speed after under this section2 and 7#g7 by adding at the end the following3 7l7 ,vulnerable road user safety assessment 7#a7 ,in general ,not later than #a year after date of enactment of the ,,invest in ,america ,act1 each ,state shall create a vulnerable road user safety assessment4 7#b7 ,contents ,a vulnerable road user safety assessment required under paragraph 7#a7 shall include-- 7,a7 a description of the location within the ,state of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location2 7,b7 a description of any corridors identified by a ,state1 in coordination with local governments1 metropolitan planning organizations1 and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors2 and 7,c7 a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph 7,b71 in coordination with local governments1 metropolitan planning organizations1 and regional transportation planning organizations that represent a high-risk area identified under subparagraph 7,b74 7#c7 ,analysis ,in creating a vulnerable road user safety assessment under this subsection1 a ,state shall assess the last #e years of available data4 7#d7 ,requirements ,in creating a vulnerable road user safety assessment under this subsection1 a ,state shall-- 7,a7 take into consideration a safe system approach2 and 7,b7 coordinate with local governments1 metropolitan planning organizations1 and regional transportation planning organizations that represent a high-risk area identified under paragraph 7#b77;,b74 7#e7 ,update ,a ,state shall update a vulnerable road user safety assessment on the same schedule as the ,state updates the ,state strategic highway safety plan4 7#f7 ,transportation system access ,the program of projects developed under paragraph 7#b77;,c7 may not degrade transportation system access for vulnerable road users4 7#g7 ,metropolitan planning area assessments ,a metropolitan planning organization that represents an urbanized area with a population greater than #bjj1jjj shall complete a vulnerable user safety assessment based on the most recent #e years of available data1 unless an assessment was completed in the previous #e years1 including-- 7,a7 a description of the location within the urbanized area of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location2 7,b7 a description of any corridors that represent a high-risk area identified under paragraph 7#b77;,b7 that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors2 and 7,c7 a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph 7,b74 4 7b7 ,technical amendment ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading for subsection 7a77#h7 by striking ,road users and inserting ,road user2 and 7#b7 in subsection 7i77#b77;,d7 by striking safety safety and inserting safety4 7c7 ,high-,risk rural roads 7#a7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall update the study described in paragraph 7#a7 of section #aaab7;b7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note74 7#b7 ,publication of report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall publish on the website of the ,department of ,transportation an updated report of the report described in paragraph 7#b7 of section #aaab7;b7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note74 7#c7 ,best practices manual ,not later than #ahj days after the date of submission of the report described in paragraph 7#b71 the ,secretary shall update the best practices manual described in section #aaab7;b77#c7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note74 #abaj4 ,congestion mitigation and air quality improvement program ,section #adi of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a77ii7 by striking subsection 7h7 and inserting subsection 7i72 7,b7 in paragraph 7#g7 by inserting shared micromobility 7including bikesharing and shared scooter systems71 after carsharing12 7,c7 in paragraph 7#h77;,b7 by striking 2 or and inserting a semicolon2 7,d7 in paragraph 7#i7 by striking the period and inserting 2 or2 and 7,e7 by adding at the end the following3 7#aj7 if the project or program mitigates seasonal or temporary traffic congestion from long-haul travel or tourism4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in the heading by inserting 1 hydrogen vehicle1 after ,electric vehicle2 7ii7 by inserting hydrogen or after charging stations or2 and 7iii7 by inserting 1 hydrogen-powered1 after battery powered2 and 7,b7 in paragraph 7#c7 by inserting 1 and is consistent with section #aff after travel times2 and 7#c7 by striking subsection 7m7 and inserting the following3 7m7 ,operating assistance 7#a7 ,projects ,a ,state may obligate funds apportioned under section #ajd7;b77#d7 in an area of such ,state that is otherwise eligible for obligations of such funds for operating costs under chapter #ec of title #di or on a system for which ,,cmaq funding was made available1 obligated1 or expended in fiscal year #bjab1 or1 notwithstanding subsection 7b71 on a ,state-supported ,amtrak route with a cost-sharing agreement under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh or alternative cost allocation under section #bdgab7;g77#c7 of title #di4 7#b7 ,time limitation ,in determining the amount of time for which a ,state may obligate funds under paragraph 7#a7 for operating assistance for an area of a ,state or on a system1 the ,secretary shall allow such obligations to occur1 in such area or on such system-- 7,a7 with a time limitation of not less than #c years2 and 7,b7 in the case of projects that demonstrate continued net air quality benefits beyond #c years1 as determined annually by the ,secretary in consultation with the ,administrator of the ,environmental ,protection ,agency1 with no imposed time limitation4 4 #abaa4 ,electric vehicle charging stations 7a7 ,electric vehicle charging stations ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #aed the following new section3 #aee4 ,electric vehicle charging stations 7a7 ,in general ,any electric vehicle charging infrastructure funded under this title shall be subject to the requirements of this section4 7b7 ,interoperability 7#a7 ,in general ,electric vehicle charging stations funded under this title shall provide1 at a minimum1 two of the following charging connector types at the location3 7,a7 ,,ccs4 7,b7 ,c,h,ade,m,o4 7,c7 ,an alternative connector that meets applicable industry safety standards4 7#b7 ,savings clause ,nothing in this subsection shall prevent the use of charging types other than the connectors described in paragraph 7#a7 if1 at a minimum1 such connectors meet applicable industry safety standards and are compatible with a majority of electric vehicles in operation4 7c7 ,open access to payment ,electric vehicle charging stations shall provide payment methods available to all members of the public to ensure secure1 convenient1 and equal access and shall not be limited by membership to a particular payment provider4 7d7 ,treatment of projects ,notwithstanding any other provision of law1 any project to install electric vehicle charging infrastructure shall be treated as if the project is located on a ,federal-aid highway4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #aed the following new item3 #aee4 ,electric vehicle charging stations4 4 7c7 ,electric vehicle charging signage ,the ,secretary of ,transportation shall update the ,manual on ,uniform ,traffic ,control ,devices to-- 7#a7 ensure uniformity in providing road users direction to electric charging stations that are open to the public2 and 7#b7 allow the use of ,specific ,service signs for electric vehicle charging station providers4 7d7 ,agreements relating to the use and access of rights-of-,way of the interstate system ,section #aaa of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,interstate system rights-of-,way 7#a7 ,in general ,notwithstanding subsection 7a7 or 7b71 the ,secretary shall permit1 consistent with section #aee1 the charging of electric vehicles on rights-of-way of the ,interstate ,system in-- 7,a7 a rest area2 or 7,b7 a fringe or corridor parking facility1 including a park and ride facility4 7#b7 ,savings clause ,nothing in this subsection shall permit commercial activities on rights-of-way of the ,interstate ,system1 except as necessary for the charging of electric vehicles in accordance with this subsection4 4 #abab4 ,national highway freight program ,section #afg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#f7 by striking 2 and and inserting a semicolon2 and 7,b7 by striking paragraph 7#g7 and inserting the following3 7#g7 to reduce the environmental impacts of freight movement on the ,national ,highway ,freight ,network1 including-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution1 including local pollution derived from vehicles idling at railway crossings2 7,c7 minimizing1 capturing1 or treating stormwater runoff and addressing other adverse impacts to water quality2 and 7,d7 wildlife habitat loss2 and 7#h7 to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors4 2 7#b7 in subsection 7e7 by adding at the end the following3 7#c7 ,additional mileage ,notwithstanding paragraph 7#b71 a ,state that has designated at least #ij percent of its maximum mileage described in paragraph 7#b7 may designate up to an additional #aej miles of critical rural freight corridors4 2 7#c7 in subsection 7f7 by adding at the end the following3 7#e7 ,additional mileage ,notwithstanding paragraph 7#d71 a ,state that has designated at least #ij percent of its maximum mileage described in paragraph 7#d7 may designate up to an additional #ge miles of critical urban freight corridors under paragraphs 7#a7 and 7#b74 2 7#d7 in subsection 7h7 by striking ,not later than and all that follows through shall prepare and inserting ,as part of the report required under section #ejc7;b77#h71 the ,administrator shall biennially prepare2 7#e7 in subsection 7i7-- 7,a7 by striking paragraphs 7#b7 and 7#c72 7,b7 by amending paragraph 7#d7 to read as follows3 7#d7 ,freight planning ,notwithstanding any other provision of law1 a ,state may not obligate funds apportioned to the ,state under section #ajd7;b77#e7 unless the ,state has developed1 updated1 or amended1 as applicable1 a freight plan in accordance with section #gjbjb of title #di4 2 7,c7 in paragraph 7#e7-- 7i7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,limitation ,the ,federal share of a project described in subparagraph 7,c77xxiii7 shall fund only elements of such project that provide public benefits4 2 and 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7iii7 by inserting and freight management and operations systems after freight transportation systems2 and 7,,ii7 by amending clause 7xxiii7 to read as follows3 7xxiii7 ,freight intermodal or freight rail projects1 including-- 7,i7 projects within the boundaries of public or private freight rail or water facilities 7including ports72 7,,ii7 projects that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange1 transfer1 and access into or out of the facility2 and 7,,iii7 any other surface transportation project to improve the flow of freight into or out of a facility described in subclause 7,i7 or 7,,ii74 2 7,d7 in paragraph 7#f7 by striking paragraph 7#e7 and inserting paragraph 7#c72 and 7,e7 by redesignating paragraphs 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#b71 7#c71 7#d71 and 7#e71 respectively2 and 7#f7 in subsection 7k77#a77;,a77ii7 by striking ports-of entry and inserting ports-of-entry4 #abac4 ,carbon pollution reduction 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,carbon pollution reduction 7a7 ,establishment ,the ,secretary shall establish a carbon pollution reduction program to support the reduction of greenhouse gas emissions from the surface transportation system4 7b7 ,eligible projects ,a project is eligible for funding under this section if such project-- 7#a7 is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system2 7#b7 will help a ,state meet the greenhouse gas emissions performance targets established under section #aej7;c77#g72 and 7#c7 is-- 7,a7 eligible for assistance under this title or under chapter #ec of title #di2 or 7,b7 a capital project1 as such term is defined in section #bbijf of title #di1 to improve intercity rail passenger transportation1 provided that the project will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads4 7c7 ,guidance ,the ,secretary shall issue guidance on methods of determining the reduction of single occupant vehicle trips and improvement of mobility on public roads as those factors relate to intercity rail passenger transportation projects under subsection 7b77#d74 7d7 ,operating expenses ,a ,state may use not more than #aj percent of the funds provided under section #ajd7;b77#i7 for the operating expenses of public transportation and passenger rail transportation projects4 7e7 ,single-,occupancy vehicle highway facilities ,none of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility and is consistent with section #aff4 7f7 ,evaluation 7#a7 ,in general ,the ,secretary shall annually evaluate the progress of each ,state in carrying out the program under this section by comparing the percent change in carbon dioxide emissions per capita on public roads in the ,state calculated as-- 7,a7 the annual carbon dioxide emissions per capita on public roads in the ,state for the most recent year for which there is data2 divided by 7,b7 the average annual carbon dioxide emissions per capita on public roads in the ,state in calendar years #bjae through #bjai4 7#b7 ,measures ,in conducting the evaluation under paragraph 7#a71 the ,secretary shall-- 7,a7 prior to the effective date of the greenhouse gas performance measures under section #aej7;c77#g71 use such data as are available1 which may include data on motor fuels usage published by the ,federal ,highway ,administration and information on emissions factors or coefficients published by the ,energy ,information ,administration of the ,department of ,energy2 and 7,b7 following the effective date of the greenhouse gas performance measures under section #aej7;c77#g71 use such measures4 7g7 ,progress report ,the ,secretary shall annually issue a carbon pollution reduction progress report1 to be made publicly available on the website of the ,department of ,transportation1 that includes-- 7#a7 the results of the evaluation under subsection 7f7 for each ,state2 and 7#b7 a ranking of all the ,states by the criteria under subsection 7f71 with the ,states that1 for the year covered by such report1 have the largest percentage reduction in annual carbon dioxide emissions per capita on public roads being ranked the highest4 7h7 ,high-,performing ,states 7#a7 ,designation ,for purposes of this section1 each ,state that is #a of the #ae highest ranked ,states1 as determined under subsection 7g77#b71 and that achieves a reduction in carbon dioxide emissions per capita on public roads1 as determined by the evaluation in subsection 7f71 shall be designated as a high-performing ,state for the following fiscal year4 7#b7 ,use of funds ,for each ,state that is designated as a high-performing ,state under paragraph 7#a7-- 7,a7 notwithstanding section #abj1 the ,state may use funds made available under this title to pay the non-,federal share of a project under this section during any year for which such ,state is designated as a high-performing ,state2 and 7,b7 notwithstanding section #abf1 the ,state may transfer up to #ej percent of funds apportioned under section #ajd7;b77#i7 to the program under section #ajd7;b77#b7 in any year for which such ,state is designated as a high-performing ,state4 7#c7 ,transfer ,for each ,state that is #a of the #ae lowest ranked ,states1 as determined under subsection 7g77#b71 the ,secretary shall transfer #aj percent of the amount apportioned to the ,state under section #ajd7;b77#b7 in the fiscal year following the year in which the ,state is so ranked1 not including amounts set aside under section #acc7;d77#a77;,a7 and under section #acc7;h7 or #eje7;a71 to the apportionment of the ,state under section #ajd7;b77#i74 7#d7 ,limitation ,the ,secretary shall not conduct a transfer under paragraph 7#c7-- 7,a7 until the first fiscal year following the effective date of greenhouse gas performance measures under section #aej7;c77#g72 and 7,b7 with respect to a ,state in any fiscal year following the year in which such ,state achieves a reduction in carbon dioxide emissions per capita on public roads in such year as determined by the evaluation under subsection 7f74 7i7 ,report ,not later than #b years after the date of enactment of this section and periodically thereafter1 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall issue a report-- 7#a7 detailing1 based on the best available science1 what types of projects eligible for assistance under this section are expected to provide the most significant greenhouse gas emissions reductions from the surface transportation sector2 and 7#b7 detailing1 based on the best available science1 what types of projects eligible for assistance under this section are not expected to provide significant greenhouse gas emissions reductions from the surface transportation sector4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following new item3 #aga4 ,carbon pollution reduction4 4 7c7 ,applicability ,subsection 7b77#b7 of section #aga of title #bc1 ,united ,states ,code1 as added by this section1 shall apply to a ,state beginning on the first fiscal year following the fiscal year in which the ,state sets greenhouse gas performance targets under section #aej7;d7 of title #bc1 ,united ,states ,code4 #abad4 ,recreational trails ,section #bjf of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,use of other apportioned funds ,funds apportioned to a ,state under section #ajd7;b7 that are obligated for recreational trails and related projects shall be administered as if such funds were made available for purposes described under this section4 4 #abae4 ,safe routes to school program 7a7 ,in general ,chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after section #baj the following3 #baa4 ,safe routes to school program 7a7 ,program ,the ,secretary shall carry out a safe routes to school program for the benefit of children in primary1 middle1 and high schools4 7b7 ,purposes ,the purposes of the program shall be-- 7#a7 to enable and encourage children1 including those with disabilities1 to walk and bicycle to school2 7#b7 to make bicycling and walking to school a safer and more appealing transportation alternative1 thereby encouraging a healthy and active lifestyle from an early age2 and 7#c7 to facilitate the planning1 development1 and implementation of projects and activities that will improve safety and reduce traffic1 fuel consumption1 and air pollution in the vicinity of schools4 7c7 ,use of funds ,amounts apportioned to a ,state under paragraphs 7#b7 and 7#c7 of section #ajd7;b7 may be used to carry out projects1 programs1 and other activities under this section4 7d7 ,eligible entities ,projects1 programs1 and activities funded under this section may be carried out by eligible entities described under section #acc7;h77#d77;,b7 that demonstrate an ability to meet the requirements of this section4 7e7 ,eligible projects and activities 7#a7 ,infrastructure-related projects 7,a7 ,in general ,a ,state may obligate funds under this section for the planning1 design1 and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school1 including sidewalk improvements1 traffic calming and speed reduction improvements1 pedestrian and bicycle crossing improvements1 on-street bicycle facilities1 off-street bicycle and pedestrian facilities1 secure bicycle parking facilities1 and traffic diversion improvements in the vicinity of schools4 7,b7 ,location of projects ,infrastructure-related projects under subparagraph 7,a7 may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools4 7#b7 ,noninfrastructure-related activities ,in addition to projects described in paragraph 7#a71 a ,state may obligate funds under this section for noninfrastructure-related activities to encourage walking and bicycling to school1 including-- 7,a7 public awareness campaigns and outreach to press and community leaders2 7,b7 traffic education and enforcement in the vicinity of schools2 7,c7 student sessions on bicycle and pedestrian safety1 health1 and environment2 7,d7 programs that address personal safety2 and 7,e7 funding for training1 volunteers1 and managers of safe routes to school programs4 7#c7 ,safe routes to school coordinator ,each ,state receiving an apportionment under paragraphs 7#b7 and 7#c7 of section #ajd7;b7 shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the ,state's safe routes to school program4 7#d7 ,rural school district outreach ,a coordinator described in paragraph 7#c7 shall conduct outreach to ensure that rural school districts in the ,state are aware of such ,state's safe routes to school program and any funds authorized by this section4 7f7 ,federal share ,the ,federal share of the cost of a project1 program1 or activity under this section shall be #ajj percent4 7g7 ,clearinghouse 7#a7 ,in general ,the ,secretary shall maintain a national safe routes to school clearinghouse to-- 7,a7 develop information and educational programs on safe routes to school2 and 7,b7 provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs4 7#b7 ,funding ,the ,secretary shall carry out this subsection using amounts authorized to be appropriated for administrative expenses under section #ajd7;a74 7h7 ,treatment of projects ,notwithstanding any other provision of law1 projects carried out under this section shall be treated as projects on a ,federal-aid highway under chapter #a of this title4 7i7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,in the vicinity of schools ,the term in the vicinity of schools means1 with respect to a school1 the area within bicycling and walking distance of the school 7approximately #b miles74 7#b7 ,primary1 middle1 and high schools ,the term primary1 middle1 and high schools means schools providing education from kindergarten through twelfth grade4 4 7b7 ,technical and conforming amendments 7#a7 ,repeal ,section #adjd of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #abbh-abcj71 and the item relating to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7#b7 ,analysis ,the analysis for chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #baj the following3 #baa4 ,safe routes to school program4 4 #abaf4 ,bicycle transportation and pedestrian walkways ,section #bag of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking #ajd7;b77#c7 and inserting #ajd7;b77#d72 and 7,b7 by striking a position and inserting at least one full-time positions2 7#b7 in subsection 7e7 by striking bicycles and inserting pedestrians or bicyclists each place such term appears2 and 7#c7 in subsection 7j7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,electric bicycle ,the term electric bicycle means mean a bicycle equipped with fully operable pedals1 a saddle or seat for the rider1 and an electric motor of less than #gej watts that can safely share a bicycle transportation facility with other users of such facility and meets the requirements of one of the following three classes3 7,a7 ,class #a electric bicycle ,the term class #a electric bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling1 and that ceases to provide assistance when the bicycle reaches the speed of #bj miles per hour4 7,b7 ,class #b electric bicycle ,the term class #b electric bicycle means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle1 and that is not capable of providing assistance when the bicycle reaches the speed of #bj miles per hour4 7,c7 ,class #c electric bicycle ,the term class #c electric bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling1 and that ceases to provide assistance when the bicycle reaches the speed of #bh miles per hour4 4 #abag4 ,noise barriers 7a7 ,permitting use of highway trust fund for construction of certain noise barriers ,section #cci7;b77#a7 of the ,national ,highway ,system ,designation ,act of #aiie 7#bc ,u4,s4,c4 #aji note7 is amended to read as follows3 7#a7 ,general rule ,no funds made available out of the ,highway ,trust ,fund may be used to construct a ,type ,,ii noise barrier 7as defined by section #ggb4e7;,i7 of title #bc1 ,code of ,federal ,regulations7 pursuant to subsections 7h7 and 7,i7 of section #aji of title #bc1 ,united ,states ,code1 unless-- 7,a7 such a barrier is part of a project approved by the ,secretary before ,november #bh1 #aiie2 or 7,b7 such a barrier separates a highway or other noise corridor from a group of structures of which the majority of those closest to the highway or noise corridor-- 7i7 are residential in nature2 and 7ii7 either-- 7,i7 were constructed before the construction or most recent widening of the highway or noise corridor2 or 7,,ii7 are at least #aj years old4 4 7b7 ,eligibility for surface transportation block grant funds ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by adding at the end the following3 7#bj7 ,planning1 design1 or construction of a ,type ,,ii noise barrier 7as described in section #ggb4e of title #bc1 ,code of ,federal ,regulations74 2 and 7#b7 in subsection 7c77#b7 by inserting and paragraph 7#bj7 after 7#aa74 ,c ,project-,level ,investments #acja4 ,projects of national and regional significance 7a7 ,in general ,section #aag of title #bc1 ,united ,states ,code1 is amended to read as follows3 #aag4 ,projects of national and regional significance 7a7 ,establishment ,the ,secretary shall establish a projects of national and regional significance program under which the ,secretary may make grants to1 and establish multiyear grant agreements with1 eligible entities in accordance with this section4 7b7 ,applications ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application in such form1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,grant amounts and project costs 7#a7 ,in general ,each grant made under this section-- 7,a7 shall be in an amount that is at least #be1jjj1jjj2 and 7,b7 shall be for a project that has eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- 7i7 #ajj1jjj1jjj2 or 7ii7 in the case of a project-- 7,i7 located in #a ,state or territory1 #cj percent of the amount apportioned under this chapter to the ,state or territory in the most recently completed fiscal year2 or 7,,ii7 located in more than #a ,state or territory1 #ej percent of the amount apportioned under this chapter to the participating ,state or territory with the largest apportionment under this chapter in the most recently completed fiscal year4 7#b7 ,large projects ,for a project that has eligible project costs that are reasonably anticipated to equal or exceed #ejj1jjj1jjj1 a grant made under this section-- 7,a7 shall be in an amount sufficient to fully fund the project1 or in the case of a public transportation project1 a minimum operable segment1 in combination with other funding sources1 including non-,federal financial commitment1 identified in the application2 and 7,b7 may be awarded pursuant to the process under subsection 7d71 as necessary based on the amount of the grant4 7d7 ,multiyear grant agreements for large projects 7#a7 ,in general ,a large project that receives a grant under this section may be carried out through a multiyear grant agreement in accordance with this subsection4 7#b7 ,requirements ,a multiyear grant agreement for a large project shall-- 7,a7 establish the terms of participation by the ,federal ,government in the project2 7,b7 establish the amount of ,federal financial assistance for the project2 7,c7 establish a schedule of anticipated ,federal obligations for the project that provides for obligation of the full grant amount by not later than #d fiscal years after the fiscal year in which the initial amount is provided2 and 7,d7 determine the period of time for completing the project1 even if such period extends beyond the period of an authorization4 7#c7 ,special rules 7,a7 ,in general ,a multiyear grant agreement under this subsection-- 7i7 shall obligate an amount of available budget authority specified in law2 and 7ii7 may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this paragraph1 to obligate an additional amount from future available budget authority specified in law4 7,b7 ,contingent commitment ,a contingent commitment under this subsection is not an obligation of the ,federal ,government under section #aeja of title #ca4 7,c7 ,interest and other financing costs 7i7 ,in general ,interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement1 except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing4 7ii7 ,certification ,the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms4 7#d7 ,advance payment ,an eligible entity carrying out a large project under a multiyear grant agreement-- 7,a7 may use funds made available to the eligible entity under this title or title #di for eligible project costs of the large project2 and 7,b7 shall be reimbursed1 at the option of the eligible entity1 for such expenditures from the amount made available under the multiyear grant agreement for the project in that fiscal year or a subsequent fiscal year4 7e7 ,eligible projects 7#a7 ,in general ,the ,secretary may make a grant under this section only for a project that is a project eligible for assistance under this title or chapter #ec of title #di and is-- 7,a7 a bridge project carried out on the ,national ,highway ,system1 or that is eligible to be carried out under section #afe2 7,b7 a project to improve person throughput that is-- 7i7 a highway project carried out on the ,national ,highway ,system1 or that is eligible to be carried out under section #afe2 7ii7 a public transportation project2 or 7iii7 a capital project1 as such term is defined in section #bbijf of title #di1 to improve intercity rail passenger transportation2 or 7,c7 a project to improve freight throughput that is-- 7i7 a highway freight project carried out on the ,national ,highway ,freight ,network established under section #afg or on the ,national ,highway ,system2 7ii7 a freight intermodal1 freight rail1 or railway-highway grade crossing or grade separation project2 or 7iii7 within the boundaries of a public or private freight rail1 water 7including ports71 or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange1 transfer1 or access into or out of the facility4 7#b7 ,limitation 7,a7 ,certain freight projects ,projects described in clauses 7ii7 and 7iii7 of paragraph 7#a77;,c7 may receive a grant under this section only if-- 7i7 the project will make a significant improvement to the movement of freight on the ,national ,highway ,system2 and 7ii7 the ,federal share of the project funds only elements of the project that provide public benefits4 7,b7 ,certain projects for person throughput ,projects described in clauses 7ii7 and 7iii7 of paragraph 7#a77;,b7 may receive a grant under this section only if the project will make a significant improvement in mobility on public roads4 7f7 ,eligible project costs ,an eligible entity receiving a grant under this section may use such grant for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements directly related to improving system performance4 7g7 ,project requirements ,the ,secretary may select a project described under this section for funding under this section only if the ,secretary determines that the project-- 7#a7 generates significant regional or national economic1 mobility1 safety1 resilience1 or environmental benefits2 7#b7 is cost effective2 7#c7 is based on the results of preliminary engineering2 7#d7 has secured or will secure acceptable levels of non-,federal financial commitments1 including-- 7,a7 one or more stable and dependable sources of funding and financing to construct1 maintain1 and operate the project2 and 7,b7 contingency amounts to cover unanticipated cost increases2 7#e7 cannot be easily and efficiently completed without additional ,federal funding or financial assistance available to the project sponsor1 beyond existing ,federal apportionments2 and 7#f7 is reasonably expected to begin construction not later than #ah months after the date of obligation of funds for the project4 7h7 ,merit criteria and considerations 7#a7 ,merit criteria ,in awarding a grant under this section1 the ,secretary shall evaluate the following merit criteria3 7,a7 ,the extent to which the project supports achieving a state of good repair4 7,b7 ,the level of benefits the project is expected to generate1 including-- 7i7 the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project2 7ii7 reductions in maintenance costs over the life of the asset2 7iii7 safety benefits1 including the reduction of accidents and related costs2 7iv7 improved person or freight throughput1 including congestion reduction and reliability improvements2 7v7 national and regional economic benefits2 7vi7 resilience benefits2 7vii7 environmental benefits1 including reduction in greenhouse gas emissions and air quality benefits2 and 7viii7 benefits to all users of the project1 including pedestrian1 bicycle1 nonvehicular1 railroad1 and public transportation users4 7,c7 ,how the benefits compare to the costs of the project4 7,d7 ,the average number of people or volume of freight1 as applicable1 supported by the project1 including visitors based on travel and tourism4 7#b7 ,additional considerations ,in awarding a grant under this section1 the ,secretary shall also consider the following3 7,a7 ,whether the project serves low-income residents of low-income communities1 including areas of persistent poverty1 while not displacing such residents4 7,b7 ,whether the project uses innovative technologies1 innovative design and construction techniques1 or pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes and1 if so1 the degree to which such technologies1 techniques1 or materials are used4 7,c7 ,whether the project improves connectivity between modes of transportation moving people or goods in the ,nation or region4 7,d7 ,whether the project provides new or improved connections between at least two metropolitan areas with a population of at least #ejj1jjj4 7,e7 ,whether the project would replace1 reconstruct1 or rehabilitate a high-commuter corridor 7as such term is defined in section #bjc7;a77#f77 that is in poor condition4 7i7 ,project selection 7#a7 ,evaluation ,to evaluate applications for funding under this section1 the ,secretary shall-- 7,a7 determine whether a project is eligible for a grant under this section2 7,b7 evaluate1 through a methodology that is discernible and transparent to the public1 how each application addresses the merit criteria pursuant to subsection 7h72 7,c7 assign a quality rating for each merit criteria for each application based on the evaluation in subparagraph 7,b72 7,d7 ensure that applications receive final consideration by the ,secretary to receive an award under this section only on the basis of such quality ratings and that the ,secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria2 and 7,e7 award grants only to projects rated highly under the evaluation and rating process4 7#b7 ,considerations for large projects ,in awarding a grant for a large project1 the ,secretary shall-- 7,a7 consider the amount of funds available in future fiscal years for the program under this section2 and 7,b7 assume the availability of funds in future fiscal years for the program that extend beyond the period of authorization based on the amount made available for the program in the last fiscal year of the period of authorization4 7#c7 ,geographic distribution ,in awarding grants under this section1 the ,secretary shall ensure geographic diversity and a balance between rural and urban communities among grant recipients over fiscal years #bjbb through #bjbe4 7#d7 ,publication of methodology 7,a7 ,in general ,prior to the issuance of any notice of funding opportunity for grants under this section1 the ,secretary shall publish and make publicly available on the ,department's website-- 7i7 a detailed explanation of the merit criteria developed under subsection 7h72 7ii7 a description of the evaluation process under this subsection2 and 7iii7 how the ,secretary shall determine whether a project satisfies each of the requirements under subsection 7g74 7,b7 ,updates ,the ,secretary shall update and make publicly available on the website of the ,department of ,transportation such information at any time a revision to the information described in subparagraph 7,a7 is made4 7,c7 ,information required ,the ,secretary shall include in the published notice of funding opportunity for a grant under this section detailed information on the rating methodology and merit criteria to be used to evaluate applications1 or a reference to the information on the website of the ,department of ,transportation1 as required by subparagraph 7,a74 7j7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project carried out with a grant under this section may not exceed #fj percent4 7#b7 ,maximum ,federal involvement ,federal assistance other than a grant under this section may be used to satisfy the non-,federal share of the cost of a project for which such a grant is made1 except that the total ,federal assistance provided for a project receiving a grant under this section may not exceed #hj percent of the total project cost4 7k7 ,treatment of projects 7#a7 ,federal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of this title to a highway project2 7,b7 the requirements of chapter #ec of title #di to a public transportation project2 and 7,c7 the requirements of section #bbije of title #di to a passenger rail or freight rail project4 7#b7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements of such predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,for any passenger or freight rail component of a project1 the requirements of section #bbijg7;j77#b7 of title #di shall apply4 7ii7 ,public transportation component ,for any public transportation component of a project1 the requirements of section #eccc of title #di shall apply4 7,c7 ,buy ,america ,in applying the ,buy ,american requirements under section #cac of this title and sections #ecbj1 #bbije7;a71 and #bdcje7;f7 of title #di to a multimodal project under this paragraph1 the ,secretary shall-- 7i7 consider the various modal components of the project2 and 7ii7 seek to maximize domestic jobs4 7#c7 ,federal-aid highway requirements ,notwithstanding any other provision of this subsection1 the ,secretary shall require recipients of grants under this section to comply with subsection 7a7 of section #aac with respect to public transportation projects1 passenger rail projects1 and freight rail projects1 in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7l7 ,,tifia program ,at the request of an eligible entity under this section1 the ,secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity ,federal credit assistance under chapter #f with respect to the project for which the grant was awarded4 7m7 ,administration ,of the amounts made available to carry out this section1 the ,secretary may use up to #e1jjj1jjj for the costs of administering the program under this section4 7n7 ,technical assistance ,of the amounts made available to carry out this section1 the ,secretary may reserve up to #e1jjj1jjj to provide technical assistance to eligible entities4 7o7 ,congressional ,review 7#a7 ,notification ,not less than #fj days before making an award under this section1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate-- 7,a7 a list of all applications determined to be eligible for a grant by the ,secretary2 7,b7 the quality ratings assigned to each application pursuant to subsection 7i72 7,c7 a list of applications that received final consideration by the ,secretary to receive an award under this section2 7,d7 each application proposed to be selected for a grant award2 7,e7 proposed grant amounts1 including for each new multiyear grant agreement1 the proposed payout schedule for the project2 and 7,f7 an analysis of the impacts of any large projects proposed to be selected on existing commitments and anticipated funding levels for the next #d fiscal years1 based on information available to the ,secretary at the time of the report4 7#b7 ,committee review ,before the last day of the #fj-;day period described in paragraph 7#a71 each ,committee described in paragraph 7#a7 shall review the ,secretary's list of proposed projects4 7#c7 ,congressional disapproval ,the ,secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the #fj-;day period described in paragraph 7#a74 7p7 ,transparency 7#a7 ,in general ,not later than #cj days after awarding a grant for a project under this section1 the ,secretary shall send to all applicants1 and publish on the website of the ,department of ,transportation-- 7,a7 a summary of each application made to the program for the grant application period2 and 7,b7 the evaluation and justification for the project selection1 including ratings assigned to all applications and a list of applications that received final consideration by the ,secretary to receive an award under this section1 for the grant application period4 7#b7 ,briefing ,the ,secretary shall provide1 at the request of a grant applicant under this section1 the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant4 7q7 ,definitions ,in this section3 7#a7 ,areas of persistent poverty ,the term areas of persistent poverty has the meaning given such term in section #agb7l74 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or a group of ,states2 7,b7 a unit of local government1 including a metropolitan planning organization1 or a group of local governments2 7,c7 a political subdivision of a ,state or local government2 7,d7 a special purpose district or public authority with a transportation function1 including a port authority2 7,e7 a ,tribal government or a consortium of ,tribal governments2 7,f7 a ,federal agency eligible to receive funds under section #bja1 #bjc1 or #bjd1 including the ,army ,corps of ,engineers1 ,bureau of ,reclamation1 and the ,bureau of ,land ,management1 that applies jointly with a ,state or group of ,states2 7,g7 a territory2 and 7,h7 a multistate or multijurisdictional group of entities described in this paragraph4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aag and inserting the following3 #aag4 ,projects of national and regional significance4 4 #acjb4 ,community transportation investment grant program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 as amended by this title1 is further amended by adding at the end the following3 #agc4 ,community transportation investment grant program 7a7 ,establishment ,the ,secretary shall establish a community transportation investment grant program to improve surface transportation safety1 state of good repair1 accessibility1 and environmental quality through infrastructure investments4 7b7 ,grant authority 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 to eligible entities in accordance with this section4 7#b7 ,grant amount ,the maximum amount of a grant under this section shall be #be1jjj1jjj4 7c7 ,applications ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require4 7d7 ,eligible project costs ,grant amounts for an eligible project carried out under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to such land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7e7 ,rural and community setasides 7#a7 ,in general ,the ,secretary shall reserve-- 7,a7 not less than #be percent of the amounts made available to carry out this section for projects located in rural areas2 and 7,b7 not less than #be percent of the amounts made available to carry out this section for projects located in urbanized areas with a population greater than #di1iii individuals and fewer than #bjj1jja individuals4 7#b7 ,definition of rural area ,in this subsection1 the term rural area means all areas of a ,state or territory not included in urbanized areas4 7#c7 ,excess funding ,if the ,secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection1 the ,secretary may use such funds for grants for any projects eligible under this section4 7f7 ,evaluation ,to evaluate applications under this section1 the ,secretary shall-- 7#a7 develop a process to objectively evaluate applications on the benefits of the project proposed in such application-- 7,a7 to transportation safety1 including reductions in traffic fatalities and serious injuries2 7,b7 to state of good repair1 including improved condition of bridges and pavements2 7,c7 to transportation system access1 including improved access to jobs and services2 and 7,d7 in reducing greenhouse gas emissions2 7#b7 develop a rating system to assign a numeric value to each application1 based on each of the criteria described in paragraph 7#a72 7#c7 for each application submitted1 compare the total benefits of the proposed project1 as determined by the rating system developed under paragraph 7#b71 with the costs of such project1 and rank each application based on the results of the comparison2 and 7#d7 ensure that only such applications that are ranked highly based on the results of the comparison conducted under paragraph 7#c7 are considered to receive a grant under this section4 7g7 ,weighting ,in establishing the evaluation process under subsection 7f71 the ,secretary may assign different weights to the criteria described in subsection 7f77#a7 based on project type1 population served by a project1 and other context-sensitive considerations1 provided that-- 7#a7 each application is rated on all criteria described in subsection 7f77#a72 and 7#b7 each application has the same possible minimum and maximum rating1 regardless of any differences in the weighting of criteria4 7h7 ,transparency 7#a7 ,publicly available information ,prior to the issuance of any notice of funding opportunity under this section1 the ,secretary shall make publicly available on the website of the ,department of ,transportation a detailed explanation of the evaluation and rating process developed under subsection 7f71 including any differences in the weighting of criteria pursuant to subsection 7g71 if applicable1 and update such website for each revision of the evaluation and rating process4 7#b7 ,notifications to ,congress ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the following written notifications3 7,a7 ,a notification when the ,secretary publishes or updates the information required under paragraph 7#a74 7,b7 ,not later than #cj days prior to the date on which the ,secretary awards a grant under this section1 a notification that includes-- 7i7 the ratings of each application submitted pursuant to subsection 7f77#b72 7ii7 the ranking of each application submitted pursuant to subsection 7f77#c72 and 7iii7 a list of all applications that receive final consideration by the ,secretary to receive an award under this section pursuant to subsection 7f77#d74 7,c7 ,not later than #c business days prior to the date on which the ,secretary announces the award of a grant under this section1 a notification describing each grant to be awarded1 including the amount and the recipient4 7i7 ,technical assistance ,of the amounts made available to carry out this section1 the ,secretary may reserve up to #c1jjj1jjj to provide technical assistance to eligible entities4 7j7 ,administration ,of the amounts made available to carry out this section1 the ,secretary may reserve up to #e1jjj1jjj for the administrative costs of carrying out the program under this section4 7k7 ,treatment of projects 7#a7 ,federal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of this title to a highway project2 7,b7 the requirements of chapter #ec of title #di to a public transportation project2 and 7,c7 the requirements of section #bbije of title #di to a passenger rail or freight rail project4 7#b7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements of such predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,for any passenger or freight rail component of a project1 the requirements of section #bbijg7;j77#b7 of title #di shall apply4 7ii7 ,public transportation component ,for any public transportation component of a project1 the requirements of section #eccc of title #di shall apply4 7,c7 ,buy ,america ,in applying the ,buy ,american requirements under section #cac of this title and sections #ecbj1 #bbije7;a71 and #bdcje7;f7 of title #di to a multimodal project under this paragraph1 the ,secretary shall-- 7i7 consider the various modal components of the project2 and 7ii7 seek to maximize domestic jobs4 7#c7 ,federal-aid highway requirements ,notwithstanding any other provision of this subsection1 the ,secretary shall require recipients of grants under this section to comply with subsection 7a7 of section #aac with respect to public transportation projects1 passenger rail projects1 and freight rail projects1 in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7l7 ,transparency 7#a7 ,in general ,not later than #cj days after awarding a grant for a project under this section1 the ,secretary shall send to all applicants1 and publish on the website of the ,department of ,transportation-- 7,a7 a summary of each application made to the program for the grant application period2 and 7,b7 the evaluation and justification for the project selection1 including ratings and rankings assigned to all applications and a list of applications that received final consideration by the ,secretary to receive an award under this section1 for the grant application period4 7#b7 ,briefing ,the ,secretary shall provide1 at the request of a grant applicant under this section1 the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant4 7m7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a metropolitan planning organization2 7,b7 a unit of local government2 7,c7 a transit agency2 7,d7 a ,tribal ,government or a consortium of ,tribal governments2 7,e7 a multijurisdictional group of entities described in this paragraph2 7,f7 a special purpose district with a transportation function or a port authority2 7,g7 a territory2 or 7,h7 a ,state that applies for a grant under this section jointly with an entity described in subparagraphs 7,a7 through 7,g74 7#b7 ,eligible project ,the term eligible project means any project eligible under this title or chapter #ec of title #di4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following new item3 #agc4 ,community transportation investment grant program4 4 #acjc4 ,grants for charging and fueling infrastructure to modernize and reconnect ,america for the #bast century 7a7 ,purpose ,the purpose of this section is to establish a grant program to strategically deploy electric vehicle charging infrastructure1 natural gas fueling1 propane fueling1 and hydrogen fueling infrastructure along designated alternative fuel corridors that will be accessible to all drivers of electric vehicles1 natural gas vehicles1 propane vehicles1 and hydrogen vehicles4 7b7 ,grant program ,section #aea of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking ,not later than #a year after the date of enactment of the ,,fast ,act1 the ,secretary shall and inserting ,the ,secretary shall periodically2 7#b7 in subsection 7b77#b7 by inserting previously designated by the ,federal ,highway ,administration or after fueling corridors2 7#c7 in subsection 7d7-- 7,a7 by striking #e years after the date of establishment of the corridors under subsection 7a71 and every #e years thereafter and inserting #ahj days after the date of enactment of the ,,invest in ,america ,act2 and 7,b7 by inserting establish a recurring process to regularly after the ,secretary shall2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a7 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#b7-- 7i7 by striking establishes an aspirational goal of achieving and inserting describes efforts to achieve2 and 7ii7 by striking by the end of fiscal year #bjbj4 and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#c7 summarizes best practices and provides guidance1 developed through consultation with the ,secretary of ,energy1 for project development of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 and natural gas fueling infrastructure at the ,state1 tribal1 and local level to allow for the predictable deployment of such infrastructure2 and 7#d7 summarizes the progress and implementation of the grant program under subsection 7f71 including-- 7,a7 a description of how funds awarded through the grant program under subsection 7f7 will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure1 natural gas fueling1 propane fueling1 and hydrogen fueling infrastructure in those corridors2 7,b7 the total number and location of charging and fueling stations installed under subsection 7f72 and 7,c7 the total estimated greenhouse gas emissions that have been reduced through the use of electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure funded under subsection 7f7 using the methodology identified in paragraph 7#c77;,b74 2 and 7#e7 by adding at the end the following3 7f7 ,electric vehicle charging1 natural gas fueling1 propane fueling1 and hydrogen fueling infrastructure grants 7#a7 ,establishment ,not later than #a year after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall establish a grant program to award grants to eligible entities for electric vehicle charging1 natural gas fueling1 propane fueling1 and hydrogen fueling infrastructure projects4 7#b7 ,eligible entity ,an entity eligible to receive a grant under this subsection is-- 7,a7 a ,state 7as such term is defined in section #dja7 or political subdivision of a ,state2 7,b7 a metropolitan planning organization2 7,c7 a unit of local government2 7,d7 a special purpose district or public authority with a transportation function1 including a port authority2 7,e7 a ,tribal government2 7,f7 an authority1 agency1 or instrumentality of1 or an entity owned by1 one or more of the entities described in subparagraphs 7,a7 through 7,e72 or 7,g7 a group of entities described in subparagraphs 7,a7 through 7,f74 7#c7 ,application ,to be eligible to receive a grant under this subsection1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary shall require1 including-- 7,a7 a description of-- 7i7 the public accessibility of the charging or fueling infrastructure proposed to be funded with a grant under this subsection1 including-- 7,i7 charging or fueling connector types2 7,,ii7 publicly available information on real-time availability2 and 7,,iii7 payment methods available to all members of the public to ensure secure1 convenient1 fair1 and equal access and not limited by membership to a particular provider2 7ii7 collaborative engagement with the entity with jurisdiction over the roadway and any other relevant stakeholders 7including automobile manufacturers1 utilities1 infrastructure providers1 technology providers1 electric charging1 natural gas1 propane1 and hydrogen fuel providers1 metropolitan planning organizations1 ,states1 ,indian ,tribes1 units of local government1 fleet owners1 fleet managers1 fuel station owners and operators1 labor organizations1 environmental and environmental justice organizations1 infrastructure construction and component parts suppliers1 and multistate and regional entities7-- 7,i7 to foster enhanced1 coordinated1 public-private or private investment in electric vehicle charging1 natural gas fueling1 propane fueling1 and hydrogen fueling infrastructure2 7,,ii7 to expand deployment of electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure2 7,,iii7 to protect personal privacy and ensure cybersecurity2 and 7,,iv7 to ensure that a properly trained workforce is available to construct and install electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure2 7iii7 the location of the station or fueling site1 including consideration of-- 7,i7 the availability of onsite amenities for vehicle operators1 including restrooms or food facilities2 7,,ii7 access in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,,iii7 height and fueling capacity requirements for facilities that charge or refuel large vehicles1 including semitrailer trucks2 and 7,,iv7 appropriate distribution to avoid redundancy and fill charging or fueling gaps2 7iv7 infrastructure installation that can be responsive to technology advancements1 including accommodating autonomous vehicles and future charging methods2 7v7 the long-term operation and maintenance of the electric vehicle charging or hydrogen fueling infrastructure to avoid stranded assets and protect the investment of public funds in such infrastructure2 and 7vi7 in the case of an applicant that is not a ,state department of transportation1 the degree of coordination with the applicable ,state department of transportation2 and 7,b7 an assessment of the estimated greenhouse gas emissions and air pollution from vehicle emissions that will be reduced through the use of electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure1 which shall be conducted using one standardized methodology or tool as determined by the ,secretary4 7#d7 ,considerations ,in selecting eligible entities to receive a grant under this subsection1 the ,secretary shall-- 7,a7 consider the extent to which the application of the eligible entity would-- 7i7 reduce estimated greenhouse gas emissions and air pollution from vehicle emissions1 weighted by the total ,federal investment in the project2 7ii7 improve alternative fueling corridor networks by-- 7,i7 converting corridor-pending corridors to corridor-ready corridors2 or 7,,ii7 in the case of corridor-ready corridors1 providing additional capacity-- 7aa7 to meet excess demand for charging or fueling infrastructure2 7bb7 to reduce congestion at existing charging or fueling infrastructure in high-traffic locations2 or 7cc7 to provide charging stations that support charging needs for current and future vehicles and minimize future upgrade costs2 7iii7 meet current or anticipated market demands for charging or fueling infrastructure1 including faster charging speeds2 7iv7 enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without ,federal assistance2 7v7 support a long-term competitive market for electric vehicle charging infrastructure1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure that does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure providers2 7vi7 reduce greenhouse gas emissions in established goods-movement corridors1 locations serving first- and last-mile freight near ports and freight hubs1 and locations that optimize infrastructure networks and reduce hazardous air pollutants in communities disproportionately impacted by such pollutants2 7vii7 plans for the use of renewable energy sources or zero emissions energy sources for the charging or fueling infrastructure2 and 7viii7 provide publicly available electric vehicle charging placement and construction in communities in which climate change1 pollution1 or environmental destruction have exacerbated systemic racial1 regional1 social1 environmental1 and economic injustices by disproportionately affecting indigenous peoples1 communities of color1 migrant communities1 deindustrialized communities1 depopulated rural communities1 the poor low income workers1 women1 the elderly1 the unhoused1 individuals with disabilities1 or youth2 and 7,b7 ensure1 to the maximum extent practicable1 geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure or hydrogen fueling infrastructure is available throughout the ,united ,states4 7#e7 ,use of funds 7,a7 ,in general ,any grant made under this subsection shall be-- 7i7 directly related to the charging or fueling of a vehicle2 and 7ii7 only for charging or fueling infrastructure that is open to the general public4 7,b7 ,location of infrastructure 7i7 ,in general ,any electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section or by a ,state or group of ,states4 7ii7 ,exception ,notwithstanding clause 7i71 the ,secretary may make a grant for electric vehicle charging or hydrogen fueling infrastructure not on a designated alternative fuel corridor if the applicant demonstrates that the proposed charging or fueling infrastructure would expand deployment of electric vehicle charging or hydrogen fueling to a greater number of users than investments on such corridor4 7,c7 ,operating assistance 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 an eligible entity that receives a grant under this subsection may use a portion of the funds for operating assistance for the first #e years of operations after the installation of electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure while the facility transitions to independent system operations4 7ii7 ,inclusion ,operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure and service4 7iii7 ,limitation ,operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph 7,a7 to acquire and install electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure4 7,d7 ,signs 7i7 ,in general ,subject to this paragraph and paragraph 7#f77;,b71 an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install-- 7,i7 traffic control devices located in the right-of-way to provide directional information to electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure acquired1 installed1 or operated with the grant under this subsection2 and 7,,ii7 on-premises signs to provide information about electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure acquired1 installed1 or operated with a grant under this subsection4 7ii7 ,requirement ,any traffic control device or on-premises sign acquired1 installed1 or operated with a grant under this subsection shall comply with the ,manual on ,uniform ,traffic ,control ,devices1 if located in the highway right-of-way4 7,e7 ,revenue ,an eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph 7,f7 may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure4 7,f7 ,private entity 7i7 ,in general ,an eligible entity receiving a grant under this subsection may use the funds in accordance with this paragraph to contract with a private entity for installation1 operation1 or maintenance of electric vehicle charging1 natural gas fueling1 propane fueling1 or hydrogen fueling infrastructure4 7ii7 ,inclusion ,an eligible private entity includes privately1 publicly1 or cooperatively owned utilities1 private electric vehicle service equipment and hydrogen fueling infrastructure providers1 and retail fuel stations4 7#f7 ,project requirements 7,a7 ,in general ,notwithstanding any other provision of law1 any project funded by a grant under this subsection shall be treated as a project on a ,federal-aid highway4 7,b7 ,electric vehicle charging projects ,a project for electric vehicle charging infrastructure funded by a grant under this subsection shall be subject to the requirements of section #aee4 7#g7 ,federal share ,the ,federal share of the cost of a project carried out with a grant under this subsection shall not exceed #hj percent of the total project cost4 7#h7 ,study by the ,national ,academies 7,a7 ,in general ,the ,secretary shall seek to enter into an agreement with the ,national ,academies for the ,transportation ,research ,board of the ,national ,academy of ,sciences shall-- 7i7 conduct a study on options for financing the placement of a national network of publicly available ,,ev charging infrastructure along all eligible roads on the ,national ,highway ,system that includes consideration of financial instruments and optimization of public-private partnerships2 and 7ii7 conduct a study to determine the maximum distance allowable between publicly available ,,ev charging infrastructure1 such that-- 7,i7 a driver starting at any point along an eligible road on the ,national ,highway ,system within the continental ,united ,states can drive to any other point along an eligible road on the ,national ,highway ,system without running out of a charging power2 and 7,,ii7 a driver starting at any point along an eligible road on the ,national ,highway ,system within ,hawaii1 ,alaska1 or ,puerto ,rico can drive to any other point along an eligible road on the ,national ,highway ,system within that same state or territory without running out of charging power4 7,b7 ,submission to ,congress ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall submit to ,congress the results of the studies commissioned under subparagraph 7,a74 4 #acjd4 ,community climate innovation grants 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 as amended by this title1 is further amended by inserting after section #aga the following3 #agb4 ,community climate innovation grants 7a7 ,establishment ,the ,secretary shall establish a community climate innovation grant program 7in this section referred to as the ,program7 to make grants1 on a competitive basis1 for locally selected projects that reduce greenhouse gas emissions while improving the mobility1 accessibility1 and connectivity of the surface transportation system4 7b7 ,purpose ,the purpose of the ,program shall be to support communities in reducing greenhouse gas emissions from the surface transportation system4 7c7 ,eligible applicants ,the ,secretary may make grants under the ,program to the following entities3 7#a7 ,a metropolitan planning organization4 7#b7 ,a unit of local government or a group of local governments1 or a county or multi-county special district4 7#c7 ,a subdivision of a local government4 7#d7 ,a transit agency4 7#e7 ,a special purpose district with a transportation function or a port authority4 7#f7 ,a ,tribal government or a consortium of tribal governments4 7#g7 ,a territory4 7#h7 ,a multijurisdictional group of entities described in paragraphs 7#a7 through 7#g74 7d7 ,applications ,to be eligible for a grant under the ,program1 an entity specified in subsection 7c7 shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines appropriate4 7e7 ,eligible projects ,the ,secretary may only provide a grant under the ,program for a project that is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system and-- 7#a7 is a project eligible for assistance under this title or under chapter #ec of title #di or supports fueling infrastructure for fuels defined under section #ijja7e7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haja7e772 or 7#b7 is a capital project as defined in section #bbijf of title #di to improve intercity passenger rail that will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads4 7f7 ,eligible uses ,grant amounts received for a project under the ,program may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7g7 ,project prioritization ,in making grants for projects under the ,program1 the ,secretary shall give priority to projects that are expected to yield the most significant reductions in greenhouse gas emissions from the surface transportation system4 7h7 ,additional considerations ,in making grants for projects under the ,program1 the ,secretary shall consider the extent to which-- 7#a7 a project maximizes greenhouse gas reductions in a cost-effective manner2 7#b7 a project reduces dependence on single-occupant vehicle trips or provides additional transportation options2 7#c7 a project improves the connectivity and accessibility of the surface transportation system1 particularly to low- and zero-emission forms of transportation1 including public transportation1 walking1 and bicycling2 7#d7 an applicant has adequately considered or will adequately consider1 including through the opportunity for public comment1 the environmental justice and equity impacts of the project2 7#e7 a project contributes to geographic diversity among grant recipients1 including to achieve a balance between urban1 suburban1 and rural communities2 7#f7 a project serves low-income residents of low-income communities1 including areas of persistent poverty1 while not displacing such residents2 7#g7 a project uses pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes2 7#h7 a project repurposes neglected or underused infrastructure1 including abandoned highways1 bridges1 railways1 trail ways1 and adjacent underused spaces1 into new hybrid forms of public space that support multiple modes of transportation2 and 7#i7 a project includes regional multimodal transportation system management and operations elements that will improve the effectiveness of such project and encourage reduction of single occupancy trips by providing the ability of users to plan1 use1 and pay for multimodal transportation alternatives4 7i7 ,funding 7#a7 ,maximum amount ,the maximum amount of a grant under the ,program shall be #be1jjj1jjj4 7#b7 ,technical assistance ,of the amounts made available to carry out the ,program1 the ,secretary may use up to #a percent to provide technical assistance to applicants and potential applicants4 7j7 ,treatment of projects 7#a7 ,federal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of this title to a highway project2 7,b7 the requirements of chapter #ec of title #di to a public transportation project2 and 7,c7 the requirements of section #bbije of title #di to a passenger rail or freight rail project4 7#b7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements of such predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,for any passenger or freight rail component of a project1 the requirements of section #bbijg7;j77#b7 of title #di shall apply4 7ii7 ,public transportation component ,for any public transportation component of a project1 the requirements of section #eccc of title #di shall apply4 7,c7 ,buy ,america ,in applying the ,buy ,american requirements under section #cac of this title and sections #ecbj1 #bbije7;a71 and #bdcje7;f7 of title #di to a multimodal project under this paragraph1 the ,secretary shall-- 7i7 consider the various modal components of the project2 and 7ii7 seek to maximize domestic jobs4 7#c7 ,federal-aid highway requirements ,notwithstanding any other provision of this subsection1 the ,secretary shall require recipients of grants under this section to comply with subsection 7a7 of section #aac with respect to public transportation projects1 passenger rail projects1 and freight rail projects1 in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7k7 ,single-,occupancy vehicle highway facilities ,none of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high-occupancy vehicle facility and is consistent with section #aff4 7l7 ,definition of areas of persistent poverty ,in this section1 the term areas of persistent poverty means-- 7#a7 any county that has had #bj percent or more of the population of such county living in poverty over the past #cj years1 as measured by the #aiij and #bjjj decennial censuses and the most recent ,small ,area ,income and ,poverty ,estimates2 7#b7 any census tract with a poverty rate of at least #bj percent1 as measured by the most recent #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census for all ,states and ,puerto ,rico2 or 7#c7 any other territory or possession of the ,united ,states that has had #bj percent or more of its population living in poverty over the past #cj years1 as measured by the #aiij1 #bjjj1 and #bjaj island areas decennial censuses1 or equivalent data1 of the ,bureau of the ,census4 7m7 ,public comment ,prior to issuing the notice of funding opportunity for funding under this section for fiscal year #bjbb1 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall solicit public comment on the method of determining the significant reduction in greenhouse gas emissions required under subsection 7e74 7n7 ,consultation ,prior to making an award under this section in a given fiscal year1 the ,secretary shall consult with the ,administrator of the ,environmental ,protection ,agency to determine which projects are expected to yield a significant reduction in greenhouse gas emissions as required under subsection 7e74 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #aga the following3 #agb4 ,community climate innovation grants4 4 #acje4 ,metro performance program 7a7 ,establishment ,the ,secretary of ,transportation shall directly allocate funds in accordance with this section to enhance local decision making and control in delivering projects to address local transportation needs4 7b7 ,designation 7#a7 ,in general ,the ,secretary shall designate direct recipients based on the criteria in paragraph 7#c7 to be direct recipients of funds under this section4 7#b7 ,responsibilities ,a direct recipient shall be responsible for compliance with any requirements related to the use of ,federal funds vested in a ,state department of transportation under chapter #a of title #bc1 ,united ,states ,code4 7#c7 ,criteria ,in designating an applicant under this subsection1 the ,secretary shall consider-- 7,a7 the legal1 financial1 and technical capacity of the applicant2 7,b7 the level of coordination between the applicant and-- 7i7 the ,state department of transportation of the ,state or ,states in which the metropolitan planning area represented by the applicant is located2 7ii7 local governments and providers of public transportation within the metropolitan planning area represented by the applicant2 and 7iii7 if more than one metropolitan planning organization is designated within an urbanized area represented by the applicant1 any other such metropolitan planning organization2 7,c7 in the case of an applicant that represents an urbanized area population of greater than #bjj1jjj1 the effectiveness of project delivery and timely obligation of funds made available under section #acc7;d77#a77;,a77i7 of title #bc1 ,united ,states ,code2 7,d7 if the applicant or a local government within the metropolitan planning area that the applicant represents has been the recipient of a discretionary grant from the ,secretary within the preceding #e years1 the administration of such grant2 7,e7 the extent to which the planning and decision making process of the applicant1 including the long-range transportation plan and the approved transportation improvement program under section #acd of such title1 support-- 7i7 the performance goals established under section #aej7;b7 of such title2 and 7ii7 the achievement of metropolitan or statewide performance targets established under section #aej7;d7 of such title2 7,f7 whether the applicant is a designated recipient of funds from the ,federal ,transit ,administration as described under subsections 7,a7 and 7,b7 of section #ecjb7d7 of title #di1 ,united ,states ,code2 and 7,g7 any other criteria established by the ,secretary4 7#d7 ,requirements 7,a7 ,call for nomination ,not later than ,february #a1 #bjbb1 the ,secretary shall publish in the ,federal ,register a notice soliciting applications for designation under this subsection4 7,b7 ,guidance ,the notification under paragraph 7#a7 shall include guidance on the requirements and responsibilities of a direct recipient under this section1 including implementing regulations4 7,c7 ,determination ,the ,secretary shall make all designations under this section for fiscal year #bjbc not later than ,june #a1 #bjbb4 7#e7 ,term ,except as provided in paragraph 7#f71 a designation under this subsection shall-- 7,a7 be for a period of not less than #e years2 and 7,b7 be renewable4 7#f7 ,termination 7,a7 ,in general ,the ,secretary shall establish procedures for the termination of a designation under this subsection4 7,b7 ,considerations ,in establishing procedures under subparagraph 7,a71 the ,secretary shall consider-- 7i7 with respect to projects carried out under this section1 compliance with the requirements of title #bc1 ,united ,states ,code1 or chapter #ec of title #di1 ,united ,states ,code2 and 7ii7 the obligation rate of any funds-- 7,i7 made available under this section2 and 7,,ii7 in the case of a metropolitan planning organization that represents a metropolitan planning area with an urbanized area population of greater than #bjj1jjj1 made available under section #acc7;d77#a77;,a77i7 of title #bc1 ,united ,states ,code4 7c7 ,use of funds 7#a7 ,eligible projects ,funds made available under this section may be obligated for the purposes described in section #acc7;b7 of title #bc1 ,united ,states ,code4 7#b7 ,administrative expenses and technical assistance ,of the amounts made available under this section1 the ,secretary may set aside not more than #e1jjj1jjj for program management1 oversight1 and technical assistance to direct recipients4 7d7 ,responsibilities of direct recipients 7#a7 ,direct availability of funds ,notwithstanding title #bc1 ,united ,states ,code1 the amounts made available under this section shall be allocated to each direct recipient for obligation4 7#b7 ,project delivery 7,a7 ,in general ,the direct recipient may collaborate with a ,state1 unit of local government1 regional entity1 or transit agency to carry out a project under this section and ensure compliance with all applicable ,federal requirements4 7,b7 ,state authority ,the ,state may exercise1 on behalf of the direct recipient1 any available decisionmaking authorities or actions assumed from the ,secretary4 7,c7 ,use of funds ,the direct recipient may use amounts made available under this section to compensate a ,state1 unit of local government1 regional entity1 or transit agency for costs incurred in providing assistance under this paragraph4 7#c7 ,distribution of amounts among direct recipients 7,a7 ,in general ,subject to subparagraph 7,b71 on the first day of the fiscal year for which funds are made available under this section1 the ,secretary shall allocate such funds to each direct recipient as the proportion of the population 7as determined by data collected by the ,bureau of the ,census7 of the urbanized area represented by any #a direct recipient bears to the total population of all of urbanized areas represented by all direct recipients4 7,b7 ,minimum and maximum amounts ,of funds allocated to direct recipients under subparagraph 7,a71 each direct recipient shall receive not less than #aj1jjj1jjj and not more than #ej1jjj1jjj each fiscal year4 7,c7 ,minimum guaranteed amount ,in making a determination whether to designate a metropolitan planning organization as a direct recipient under subsection 7b71 the ,secretary shall ensure that each direct recipient receives the minimum required allocation under subparagraph 7,b74 7,d7 ,additional amounts ,if any amounts remain undistributed after the distribution described in this subsection1 such remaining amounts and an associated amount of obligation limitation shall be made available as if suballocated under clauses 7i7 and 7ii7 of section #acc7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 and distributed among the ,states in the proportion that the relative shares of the population 7as determined by data collected by the ,bureau of the ,census7 of the urbanized areas of each ,state bears to the total populations of all urbanized areas across all ,states4 7#d7 ,assumption of responsibility of the ,secretary 7,a7 ,in general ,for projects carried out with funds provided under this section1 the direct recipient may assume the responsibilities of the ,secretary under section #ajf of title #bc1 ,united ,states ,code1 for design1 plans1 specifications1 estimates1 contract awards1 and inspections with respect to the projects unless the ,secretary determines that the assumption is not appropriate4 7,b7 ,agreement ,the ,secretary and the direct recipient shall enter into an agreement relating to the extent to which the direct recipient assumes the responsibilities of the ,secretary under this paragraph4 7,c7 ,limitations ,the ,secretary shall retain responsibilities described in subparagraph 7,a7 for any project that the ,secretary determines to be in a high-risk category1 including projects on the ,national ,highway ,system4 7e7 ,expenditure of funds 7#a7 ,consistency with metropolitan planning ,except as otherwise provided in this section1 programming and expenditure of funds for projects under this section shall be consistent with the requirements of section #acd of title #bc1 ,united ,states ,code1 and section #ecjc of title #di1 ,united ,states ,code4 7#b7 ,selection of projects 7,a7 ,in general ,notwithstanding subsections 7j77#e7 and 7k77#d7 of section #acd of title #bc1 ,united ,states ,code1 or subsections 7j77#e7 and 7k77#d7 of section #ecjc of title #di1 ,united ,states ,code1 a direct recipient shall select1 from the approved transportation improvement program under such sections1 all projects to be funded under this section1 including projects on the ,national ,highway ,system4 7,b7 ,eligible projects ,the project selection process described in this subsection shall apply to all federally funded projects within the boundaries of a metropolitan planning area served by a direct recipient that are carried out under this section4 7,c7 ,consultation required ,in selecting a project under this subsection1 the metropolitan planning organization shall consult with-- 7i7 in the case of a highway project1 the ,state and locality in which such project is located2 and 7ii7 in the case of a transit project1 any affected public transportation operator4 7#c7 ,rule of construction ,nothing in this section shall be construed to limit the ability of a direct recipient to partner with a ,state department of transportation or other recipient of ,federal funds under title #bc1 ,united ,states ,code1 or chapter #ec of title #di1 ,united ,states ,code1 to carry out a project4 7f7 ,treatment of funds 7#a7 ,in general ,except as provided in this section1 funds made available to carry out this section shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#b7 ,federal share ,the ,federal share of the cost of a project carried out under this section shall be determined in accordance with section #abj of title #bc1 ,united ,states ,code4 7g7 ,report 7#a7 ,direct recipient report ,not later than #fj days after the end of each fiscal year1 each direct recipient shall submit to the ,secretary a report that includes-- 7,a7 a list of projects funded with amounts provided under this section2 7,b7 a description of any obstacles to complete projects or timely obligation of funds2 and 7,c7 recommendations to improve the effectiveness of the program under this section4 7#b7 ,report to ,congress ,not later than ,october #a1 #bjbd1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7,a7 summarizes the findings of each direct recipient provided under paragraph 7#a72 7,b7 describes the efforts undertaken by both direct recipients and the ,secretary to ensure compliance with the requirements of title #bc and chapter #ec of title #di1 ,united ,states ,code2 7,c7 analyzes the capacity of direct recipients to receive direct allocations of funds under chapter #a of title #bc1 ,united ,states ,code2 and 7,d7 provides recommendations from the ,secretary to-- 7i7 improve the administration1 oversight1 and performance of the program established under this section2 7ii7 improve the effectiveness of direct recipients to complete projects and obligate funds in a timely manner2 and 7iii7 evaluate options to expand the authority provided under this section1 including to allow for the direct allocation to metropolitan planning organizations of funds made available to carry out clause 7i7 or 7ii7 of section #acc7;d77#a77;,a7 of title #bc1 ,united ,states ,code4 7#c7 ,update ,not less frequently than every #b years1 the ,secretary shall update the report described in paragraph 7#b74 7h7 ,definitions 7#a7 ,direct recipient ,in this section1 the term direct recipient means a metropolitan planning organization designated by the ,secretary as high-performing under subsection 7b7 and that was directly allocated funds as described in subsection 7d74 7#b7 ,metropolitan planning area ,the term metropolitan planning area has the meaning given such term in section #acd of title #bc1 ,united ,states ,code4 7#c7 ,metropolitan planning organization ,the term metropolitan planning organization has the meaning given such term in section #acd of title #bc1 ,united ,states ,code4 7#d7 ,national ,highway ,system ,the term ,national ,highway ,system has the meaning given such term in section #aja of title #bc1 ,united ,states ,code4 7#e7 ,state ,the term ,state has the meaning given such term in section #aja of title #bc1 ,united ,states ,code4 7#f7 ,urbanized area ,the term urbanized area has the meaning given such term in section #acd of title #bc1 ,united ,states ,code4 #acjf4 ,gridlock reduction grant program 7a7 ,establishment ,the ,secretary of ,transportation shall establish a gridlock reduction program to make grants1 on a competitive basis1 for projects to reduce1 and mitigate the adverse impacts of1 traffic congestion4 7b7 ,applications ,to be eligible for a grant under this section1 an applicant shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines appropriate4 7c7 ,eligible ,applicants ,the ,secretary may make grants under this section to an applicant that is serving a combined statistical area1 as defined by the ,office of ,management and ,budget1 with a population of not less than #a1cjj1jjj and that is-- 7#a7 a metropolitan planning organization2 7#b7 a unit of local government or a group of local governments2 7#c7 a multijurisdictional group of entities described in paragraphs 7#a7 and 7#b72 7#d7 a special purpose district or public authority with a transportation function1 including a port authority2 or 7#e7 a ,state that is in partnership with an entity or group of entities described in paragraph 7#a71 7#b71 or 7#c74 7d7 ,eligible ,projects ,the ,secretary may award grants under this section to applicants that submit a comprehensive program of surface transportation-related projects to reduce traffic congestion and related adverse impacts1 including a project for one or more of the following3 7#a7 ,transportation systems management and operations4 7#b7 ,intelligent transportation systems4 7#c7 ,real-time traveler information4 7#d7 ,traffic incident management4 7#e7 ,active traffic management4 7#f7 ,traffic signal timing4 7#g7 ,multimodal travel payment systems4 7#h7 ,transportation demand management1 including employer-based commuting programs such as carpool1 vanpool1 transit benefit1 parking cashout1 shuttle1 or telework programs4 7#i7 ,a project to provide transportation options to reduce traffic congestion1 including-- 7,a7 a project under chapter #ec of title #di1 ,united ,states ,code2 7,b7 a bicycle or pedestrian project1 including a project to provide safe and connected active transportation networks2 and 7,c7 a surface transportation project carried out in accordance with the national travel and tourism infrastructure strategic plan under section #adca7;e7 of the ,,fast ,act 7#di ,u4,s4,c4 #cja note74 7#aj7 ,any other project1 as determined appropriate by the ,secretary4 7e7 ,award ,prioritization 7#a7 ,in general ,in selecting grants under this section1 the ,secretary shall prioritize applicants serving urbanized areas1 as described in subsection 7c71 that are experiencing a high degree of recurrent transportation congestion1 as determined by the ,secretary4 7#b7 ,additional considerations ,in selecting grants under this section1 the ,secretary shall also consider the extent to which the project would-- 7,a7 reduce traffic congestion and improve the reliability of the surface transportation system2 7,b7 mitigate the adverse impacts of traffic congestion on the surface transportation system1 including safety and environmental impacts2 7,c7 maximize the use of existing capacity2 and 7,d7 employ innovative1 integrated1 and multimodal solutions to the items described in subparagraphs 7,a71 7,b71 and 7,c74 7f7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project carried out under this section may not exceed #fj percent4 7#b7 ,maximum ,federal share ,federal assistance other than a grant for a project under this section may be used to satisfy the non-,federal share of the cost of such project1 except that the total ,federal assistance provided for a project receiving a grant under this section may not exceed #hj percent of the total project cost4 7g7 ,use of funds ,funds made available for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7h7 ,funding 7#a7 ,grant amount ,a grant under this section shall be in an amount not less than #aj1jjj1jjj and not more than #ej1jjj1jjj4 7#b7 ,availability ,funds made available under this program shall be available until expended4 7i7 ,freight project set-,aside 7#a7 ,in general ,the ,secretary shall set aside not less than #ej percent of the funds made available to carry out this section for grants for freight projects under this subsection4 7#b7 ,eligible uses ,the ,secretary shall provide funds set aside under this subsection to applicants that submit a comprehensive program of surface transportation-related projects to reduce freight-related traffic congestion and related adverse impacts1 including-- 7,a7 freight intelligent transportation systems2 7,b7 real-time freight parking information2 7,c7 real-time freight routing information2 7,d7 freight transportation and delivery safety projects2 7,e7 first-mile and last-mile delivery solutions2 7,f7 shifting freight delivery to off-peak travel times2 7,g7 reducing greenhouse gas emissions and air pollution from freight transportation and delivery1 including through the use of innovative vehicles that produce fewer greenhouse gas emissions2 7,h7 use of centralized delivery locations2 7,i7 designated freight vehicle parking and staging areas2 7,j7 curb space management2 and 7,k7 other projects1 as determined appropriate by the ,secretary4 7#c7 ,award prioritization 7,a7 ,in general ,in providing funds set aside under this section1 the ,secretary shall prioritize applicants serving urbanized areas1 as described in subsection 7c71 that are experiencing a high degree of recurrent congestion due to freight transportation1 as determined by the ,secretary4 7,b7 ,additional ,considerations ,in providing funds set aside under this subsection1 the ,secretary shall consider the extent to which the proposed project-- 7i7 reduces freight-related traffic congestion and improves the reliability of the freight transportation system2 7ii7 mitigates the adverse impacts of freight-related traffic congestion on the surface transportation system1 including safety and environmental impacts2 7iii7 maximizes the use of existing capacity2 7iv7 employs innovative1 integrated1 and multimodal solutions to the items described in clauses 7i7 through 7iii72 7v7 leverages ,federal funds with non-,federal contributions2 and 7vi7 integrates regional multimodal transportation management and operational projects that address both passenger and freight congestion4 7#d7 ,flexibility ,if the ,secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection1 the ,secretary may use such funds for grants for any projects eligible under this section4 7j7 ,report 7#a7 ,recipient report ,the ,secretary shall ensure that not later than #b years after the ,secretary awards grants under this section1 the recipient of each such grant submits to the ,secretary a report that contains-- 7,a7 information on each activity or project that received funding under this section2 7,b7 a summary of any non-,federal resources leveraged by a grant under this section2 7,c7 any statistics1 measurements1 or quantitative assessments that demonstrate the congestion reduction1 reliability1 safety1 and environmental benefits achieved through activities or projects that received funding under this section2 and 7,d7 any additional information required by the ,secretary4 7#b7 ,report to ,congress ,not later than #i months after the date specified in paragraph 7#a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and make publicly available on a website1 a report detailing-- 7,a7 a summary of any information provided under paragraph 7#a72 and 7,b7 recommendations and best practices to-- 7i7 reduce traffic congestion1 including freight-related traffic congestion1 and improve the reliability of the surface transportation system2 7ii7 mitigate the adverse impacts of traffic congestion1 including freight-related traffic congestion1 on the surface transportation system1 including safety and environmental impacts2 and 7iii7 employ innovative1 integrated1 and multimodal solutions to the items described in clauses 7i7 and 7ii74 7k7 ,notification ,not later than #c business days before awarding a grant under this section1 the ,secretary shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate of the intention to award such a grant4 7l7 ,treatment of projects 7#a7 ,federal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of title #bc1 ,united ,states ,code1 to a highway project2 7,b7 the requirements of chapter #ec of title #di1 ,united ,states ,code1 to a public transportation project2 and 7,c7 the requirements of section #bbije of title #di1 ,united ,states ,code1 to a passenger rail or freight rail project4 7#b7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements of such predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,for any passenger or freight rail component of a project1 the requirements of section #bbijg7;j77#b7 of title #di1 ,united ,states ,code1 shall apply4 7ii7 ,public transportation component ,for any public transportation component of a project1 the requirements of section #eccc of title #di1 ,united ,states ,code1 shall apply4 7,c7 ,buy ,america ,in applying the ,buy ,american requirements under section #cac of title #bc1 ,united ,states ,code1 and sections #ecbj1 #bbije7;a71 and #bdcje7;f7 of title #di1 ,united ,states ,code1 to a multimodal project under this paragraph1 the ,secretary shall-- 7i7 consider the various modal components of the project2 and 7ii7 seek to maximize domestic jobs4 7#c7 ,federal-aid highway requirements ,notwithstanding any other provision of this subsection1 the ,secretary shall require recipients of grants under this section to comply with subsection 7a7 of section #aac of title #bc1 ,united ,states ,code1 with respect to public transportation projects1 passenger rail projects1 and freight rail projects1 in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7m7 ,treatment of funds ,except as provided in subsection 7l71 funds authorized for the purposes described in this section shall be available for obligation in the same manner as if the funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 #acjg4 ,rebuild rural grant program 7a7 ,establishment ,the ,secretary of ,transportation shall establish a rebuild rural grant program to improve the safety1 state of good repair1 and connectivity of transportation infrastructure in rural communities4 7b7 ,grant authority 7#a7 ,in general ,in carrying out the program established in subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 in accordance with this section4 7#b7 ,grant amount ,a grant made under this program shall be for no more than #be1jjj1jjj4 7c7 ,eligible applicants ,the ,secretary may make a grant under this section to-- 7#a7 a ,state2 7#b7 a metropolitan planning organization or a regional transportation planning organization2 7#c7 a unit of local government2 7#d7 a ,federal land management agency2 7#e7 a ,tribal government or a consortium of ,tribal governments2 7#f7 a territory2 and 7#g7 a multijurisdictional group of entities described in this subsection4 7d7 ,applications ,to be eligible for a grant under this section1 an entity specified under subsection 7c7 shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines is appropriate4 7e7 ,eligible projects ,the ,secretary shall provide grants under this section to projects eligible under title #bc1 ,united ,states ,code1 including projects on and off the ,federal-aid highway system1 that improve safety1 state of good repair1 or connectivity in a rural community1 including projects to-- 7#a7 improve transportation safety1 including projects on high-risk rural roads and on ,federal lands2 7#b7 improve state of good repair1 including projects to repair and rehabilitate bridges on and off the ,federal-aid highway system2 7#c7 provide or increase access to jobs and services2 7#d7 provide or increase access to-- 7,a7 a grain elevator2 7,b7 an agricultural facility2 7,c7 a mining facility2 7,d7 a forestry facility2 7,e7 an intermodal facility2 7,f7 travel or tourism destinations2 or 7,g7 any other facility that supports the economy of a rural community2 and 7#e7 reduce vehicle-wildlife collisions and improve habitat connectivity4 7f7 ,eligible project costs ,grant amounts for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7g7 ,federal share 7#a7 ,in general ,the share of the cost of a project provided with a grant under this section may not exceed #hj percent of the total cost of such project4 7#b7 ,maximum ,federal assistance ,federal assistance other than a grant under this section may be used to satisfy up to #ajj percent of the total cost of such project4 7h7 ,priority ,in making grants under this section1 the ,secretary shall prioritize projects that address-- 7#a7 significant transportation safety challenges2 7#b7 state of good repair challenges that pose safety risks or risks to a local economy2 7#c7 economic development challenges2 7#d7 connectivity challenges that limit access to jobs or services2 and 7#e7 coordination of projects in the highway right-of-way with proposed broadband service infrastructure needs4 7i7 ,notification ,not later than #c business days before awarding a grant under this section1 the ,secretary of ,transportation shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate of the intention to award such a grant4 7j7 ,treatment of projects ,notwithstanding any other provision of law1 a project carried out under this section shall be treated as if the project is located on a ,federal-aid highway4 7k7 ,definition of rural community ,in this section1 the term rural community means an area that is not an urbanized area1 as such term is defined in section #aja7;a7 of title #bc1 ,united ,states ,code4 #acjh4 ,parking for commercial motor vehicles 7a7 ,establishment ,the ,secretary of ,transportation shall establish a program under which the ,secretary shall make grants1 on a competitive basis1 to eligible entities to address the shortage of parking for commercial motor vehicles to improve the safety of commercial motor vehicle operators4 7b7 ,applications ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require4 7c7 ,eligible projects ,projects eligible under this section are projects that-- 7#a7 construct safety rest areas that include parking for commercial motor vehicles2 7#b7 construct commercial motor vehicle parking facilities-- 7,a7 adjacent to private commercial truckstops and travel plazas2 7,b7 within the boundaries of1 or adjacent to1 a publicly owned freight facility1 including a port terminal operated by a public authority2 and 7,c7 at existing facilities1 including inspection and weigh stations and park-and-ride locations2 7#c7 open existing weigh stations1 safety rest areas1 and park-and-ride facilities to commercial motor vehicle parking2 7#d7 facilitate access to publicly and privately provided commercial motor vehicle parking1 such as through the use of intelligent transportation systems2 7#e7 construct turnouts along a ,federal-aid highway for commercial motor vehicles2 7#f7 make capital improvements to public commercial motor vehicle parking facilities that are closed on a seasonal basis to allow the facilities to remain open year-round2 7#g7 open existing commercial motor vehicle chain-up areas that are closed on a seasonal basis to allow the facilities to remain open year-round for commercial motor vehicle parking2 7#h7 address commercial motor vehicle parking and layover needs in emergencies that strain the capacity of existing publicly and privately provided commercial motor vehicle parking2 and 7#i7 make improvements to existing commercial motor vehicle parking facilities1 including advanced truckstop electrification systems4 7d7 ,use of funds 7#a7 ,in general ,an eligible entity may use a grant under this section for-- 7,a7 development phase activities1 including planning1 feasibility analysis1 benefit-cost analysis1 environmental review1 preliminary engineering and design work1 and other preconstruction activities necessary to advance a project described in subsection 7c72 and 7,b7 construction and operational improvements1 as such terms are defined in section #aja of title #bc1 ,united ,states ,code4 7#b7 ,private sector participation ,an eligible entity that receives a grant under this section may partner with a private entity to carry out an eligible project under this section4 7#c7 ,limitation ,not more than #aj percent of the amounts made available to carry out this section may be used to promote the availability of existing commercial motor vehicle parking4 7e7 ,selection criteria ,in making grants under this section1 the ,secretary shall consider-- 7#a7 in the case of construction of new commercial motor vehicle parking capacity1 the shortage of public and private commercial motor vehicle parking near the project2 and 7#b7 the extent to which each project-- 7,a7 would increase commercial motor vehicle parking capacity or utilization2 7,b7 would facilitate the efficient movement of freight2 7,c7 would improve safety1 traffic congestion1 and air quality2 7,d7 is cost effective2 and 7,e7 reflects consultation with motor carriers1 commercial motor vehicle operators1 and private providers of commercial motor vehicle parking4 7f7 ,notification of ,congress ,not later than #c business days before announcing a project selected to receive a grant under this section1 the ,secretary of ,transportation shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate of the intention to award such a grant4 7g7 ,treatment of funds 7#a7 ,treatment of projects ,notwithstanding any other provision of law1 any project funded by a grant under this section shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 7#b7 ,federal share ,the ,federal share of the cost of a project under this section shall be determined in accordance with subsections 7b7 and 7c7 of section #abj of title #bc1 ,united ,states ,code4 7h7 ,prohibition on charging fees ,to be eligible for a grant under this section1 an eligible entity shall certify that no fees will be charged for the use of a project assisted with such grant4 7i7 ,amendment to ,,map-#ba ,section #adja7;c77#a7 of ,,map-#ba 7#bc ,u4,s4,c4 #acg note7 is amended-- 7#a7 by inserting and private providers of commercial motor vehicle parking after personnel2 and 7#b7 in subparagraph 7,a7 by striking the capability of the ,state to provide and inserting the availability of4 7j7 ,survey2 comparative assessment2 report 7#a7 ,update ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall update the survey of each ,state required under section #adja7;c77#a7 of the ,,map-#ba 7#bc ,u4,s4,c4 #acg note74 7#b7 ,report ,not later than #a year after the deadline under paragraph 7#a71 the ,secretary shall publish on the website of the ,department of ,transportation a report that-- 7,a7 evaluates the availability of adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation2 7,b7 evaluates the effectiveness of the projects funded under this section in improving access to commercial motor vehicle parking2 and 7,c7 reports on the progress being made to provide adequate commercial motor vehicle parking facilities in the ,state4 7#c7 ,consultation ,the ,secretary shall prepare the report required under paragraph 7#b7 in consultation with-- 7,a7 relevant ,state motor carrier safety personnel2 7,b7 motor carriers and commercial motor vehicle operators2 and 7,c7 private providers of commercial motor vehicle parking4 7k7 ,definitions ,in this section3 7#a7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given such term in section #caacb of title #di1 ,united ,states ,code4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a metropolitan planning organization2 7,c7 a unit of local government2 7,d7 a political subdivision of a ,state or local government carrying out responsibilities relating to commercial motor vehicle parking2 and 7,e7 a multistate or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,d74 7#c7 ,safety rest area ,the term safety rest area has the meaning given such term in section #abj7;c7 of title #bc1 ,united ,states ,code4 #acji4 ,active transportation connectivity grant program 7a7 ,establishment ,the ,secretary of ,transportation shall establish an active transportation connectivity grant program to provide for safe and connected active transportation facilities4 7b7 ,grant authority ,in carrying out the program established in subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 in accordance with this section4 7c7 ,eligible applicants ,the ,secretary may make a grant under this section to-- 7#a7 a ,state2 7#b7 a metropolitan planning organization2 7#c7 a regional transportation authority2 7#d7 a unit of local government1 including a county or multi-county special district2 7#e7 a ,federal land management agency2 7#f7 a natural resource or public land agency2 7#g7 a ,tribal government or a consortium of ,tribal governments2 7#h7 any local or regional governmental entity with responsibility for or oversight of transportation or recreational trails2 and 7#i7 a multistate or multijurisdictional group of entities described in this subsection4 7d7 ,applications ,to be eligible for a grant under this section1 an entity specified under subsection 7c7 shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines is appropriate4 7e7 ,eligible projects ,the ,secretary shall provide grants under this section to projects that improve the connectivity and the use of active transportation facilities-- 7#a7 including-- 7,a7 active transportation networks2 7,b7 active transportation spines2 and 7,c7 planning related to the development of-- 7i7 active transportation networks2 7ii7 active transportation spines2 and 7iii7 complete streets plans to create a connected network of active transportation facilities1 including sidewalks1 bikeways1 or pedestrian and bicycle trails2 and 7#b7 that have-- 7,a7 total project costs of not less than #ae1jjj1jjj2 or 7,b7 in the case of planning grants under subsection 7f71 a total cost of not less than #ajj1jjj4 7f7 ,planning grants ,of the amounts made available to carry out this section1 the ,secretary may use not more than #aj percent to provide planning grants to eligible applicants for activities under subsection 7e77#a77;,c74 7g7 ,considerations ,in making grants under this section1 the ,secretary shall consider the extent to which-- 7#a7 a project is likely to provide substantial additional opportunities for walking and bicycling1 including through the creation of-- 7,a7 active transportation networks connecting destinations within or between communities1 including schools1 workplaces1 residences1 businesses1 recreation areas1 and other community areas2 and 7,b7 active transportation spines connecting two or more communities1 metropolitan areas1 or ,states2 7#b7 an applicant has adequately considered or will consider1 including through the opportunity for public comment1 the environmental justice and equity impacts of the project2 7#c7 the project would improve safety for vulnerable road users1 including through the use of complete street design policies or a safe system approach2 and 7#d7 a project integrates active transportation facilities with public transportation services1 where available1 to improve access to public transportation4 7h7 ,limitation 7#a7 ,in general ,the share of the cost of a project assisted with a grant under this section may not exceed #hj percent4 7#b7 ,maximum ,federal assistance ,federal assistance other than a grant under this section may be used to satisfy up to #ajj percent of the total project cost4 7i7 ,eligible project costs ,amounts made available for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7j7 ,notification ,not later than #c business days before awarding a grant under this section1 the ,secretary of ,transportation shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate of the intention to award such a grant4 7k7 ,treatment of projects ,notwithstanding any other provision of law1 a project carried out under this section shall be treated in the manner described under section #acc7;i7 of title #bc1 ,united ,states ,code4 7l7 ,definitions ,in this section3 7#a7 ,active transportation ,the term active transportation means mobility options powered primarily by human energy1 including bicycling and walking4 7#b7 ,active transportation network ,the term active transportation network means facilities built for active transportation1 including sidewalks1 bikeways1 and pedestrian and bicycle trails1 that connect destinations within a community1 a metropolitan area1 or on ,federal lands4 7#c7 ,active transportation spine ,the term active transportation spine means facilities built for active transportation1 including sidewalks1 bikeways1 and pedestrian and bicycle trails1 that connect communities1 metropolitan areas1 ,federal lands1 or ,states4 7#d7 ,safe system approach ,the term safe system approach has the meaning given such term in section #adh7;a7 of title #bc1 ,united ,states ,code4 7#e7 ,vulnerable road user ,the term vulnerable road user has the meaning given such term in section #adh7;a7 of title #bc1 ,united ,states ,code4 ,d ,planning1 ,performance ,management1 and ,asset ,management #adja4 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking resiliency needs while minimizing transportation-related fuel consumption and air pollution and inserting resilience and climate change adaptation needs while reducing transportation-related fuel consumption1 air pollution1 and greenhouse gas emissions2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 and 7,b7 by inserting after paragraph 7#e7 the following3 7#f7 ,,stip ,the term ,,stip means a statewide transportation improvement program developed by a ,state under section #ace7;g74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking and transportation improvement programs and inserting and ,t,i,ps2 and 7,b7 by adding at the end the following3 7#d7 ,consideration ,in developing the plans and ,t,i,ps1 metropolitan planning organizations shall consider direct and indirect emissions of greenhouse gases4 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#b7 by striking ,not later than #b years after the date of enactment of ,,map-#ba1 each and inserting ,each2 7,b7 in paragraph 7#c7 by adding at the end the following3 7,d7 ,considerations 7i7 ,equitable and proportional representation ,in designating officials or representatives under paragraph 7#b71 the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area4 7ii7 ,savings clause ,nothing in this paragraph shall require a metropolitan planning organization in existence on the date of enactment of this subparagraph to be restructured4 7iii7 ,redesignation ,notwithstanding clause 7ii71 the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph 7#f74 2 7,c7 in paragraph 7#f77;,b7 by striking paragraph 7#b7 and inserting paragraphs 7#b7 or 7#c77;,d72 and 7,d7 in paragraph 7#g7-- 7i7 by striking an existing metropolitan planning area and inserting an urbanized area2 and 7ii7 by striking the existing metropolitan planning area and inserting the area2 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#a7 by striking a metropolitan area and inserting an urbanized area2 7,b7 in paragraph 7#b7 by striking mpos and inserting metropolitan planning areas2 7,c7 in paragraph 7#c77;,a7 by inserting emergency response and evacuation1 climate change adaptation and resilience1 after disaster risk reduction12 and 7,d7 by adding at the end the following3 7#d7 ,coordination between ,m,p,os 7,a7 ,in general ,if more than one metropolitan planning organization is designated within an urbanized area under subsection 7d77#g71 the metropolitan planning organizations designated within the area shall ensure1 to the maximum extent practicable1 the consistency of any data used in the planning process1 including information used in forecasting transportation demand4 7,b7 ,savings clause ,nothing in this paragraph requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents1 including a unified long-range transportation plan or unified ,,tip4 2 7#f7 in subsection 7h77#a7-- 7,a7 by striking subparagraph 7,e7 and inserting the following3 7,e7 protect and enhance the environment1 promote energy conservation1 reduce greenhouse gas emissions1 improve the quality of life and public health1 and promote consistency between transportation improvements and ,state and local planned growth and economic development patterns1 including housing and land use patterns2 2 7,b7 in subparagraph 7,i7-- 7i7 by inserting 1 sea level rise1 extreme weather1 and climate change after stormwater2 and 7ii7 by striking and at the end2 7,c7 by redesignating subparagraph 7,j7 as subparagraph 7,m72 and 7,d7 by inserting after subparagraph 7,i7 the following3 7,j7 facilitate emergency management1 response1 and evacuation and hazard mitigation2 7,k7 improve the level of transportation system access2 7,l7 support inclusive zoning policies and land use planning practices that incentivize affordable1 elastic1 and diverse housing supply1 facilitate long-term economic growth by improving the accessibility of housing to jobs1 and prevent high housing costs from displacing economically disadvantaged households2 and 2 7#g7 in subsection 7h77#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,through the use of a performance-based approach1 transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section #aej7;b71 the achievement of metropolitan and statewide targets established under section #aej7;d71 the improvement of transportation system access 7consistent with section #aej7;f771 and the general purposes described in section #ecja of title #di4 2 7#h7 in subsection 7i7-- 7,a7 in paragraph 7#b77;,d77i7 by inserting reduce greenhouse gas emissions and before restore and maintain2 7,b7 in paragraph 7#b77;,g7 by inserting and climate change after infrastructure to natural disasters2 7,c7 in paragraph 7#b77;,h7 by inserting greenhouse gas emissions1 after pollution12 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7 by inserting air quality1 public health1 housing1 transportation1 resilience1 hazard mitigation1 emergency management1 after conservation12 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,issues ,the consultation shall involve1 as appropriate1 comparison of transportation plans to other relevant plans1 including1 if available-- 7i7 ,state conservation plans or maps2 and 7ii7 inventories of natural or historic resources4 2 and 7,e7 by amending paragraph 7#f77;,c7 to read as follows3 7,c7 ,methods 7i7 ,in general ,in carrying out subparagraph 7,a71 the metropolitan planning organization shall1 to the maximum extent practicable-- 7,i7 hold any public meetings at convenient and accessible locations and times2 7,,ii7 employ visualization techniques to describe plans2 and 7,,iii7 make public information available in electronically accessible format and means1 such as the internet1 as appropriate to afford reasonable opportunity for consideration of public information under subparagraph 7,a74 7ii7 ,additional methods ,in addition to the methods described in clause 7i71 in carrying out subparagraph 7,a71 the metropolitan planning organization shall1 to the maximum extent practicable-- 7,i7 use virtual public involvement1 social media1 and other web-based tools to encourage public participation and solicit public feedback2 and 7,,ii7 use other methods1 as appropriate1 to further encourage public participation of historically underrepresented individuals in the transportation planning process4 2 7#i7 in subsection 7j7 by striking transportation improvement program and inserting ,,tip each place it appears2 and 7#aj7 by striking ,federally each place it appears and inserting federally4 #adjb4 ,statewide and nonmetropolitan transportation planning ,section #ace of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking statewide transportation improvement program and inserting ,,stip2 7,b7 in paragraph 7#b7-- 7i7 by striking ,the statewide transportation plan and the and inserting the following3 7,a7 ,in general ,the statewide transportation plan and the 2 7ii7 by striking transportation improvement program and inserting ,,stip2 and 7iii7 by adding at the end the following3 7,b7 ,consideration ,in developing the statewide transportation plans and ,s,t,i,ps1 ,states shall consider direct and indirect emissions of greenhouse gases4 2 and 7,c7 in paragraph 7#c7 by striking transportation improvement program and inserting ,,stip2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,e7-- 7,i7 by inserting reduce greenhouse gas emissions1 after promote energy conservation12 7,,ii7 by inserting and public health after improve the quality of life2 and 7,,iii7 by inserting 1 including housing and land use patterns after economic development patterns2 7ii7 in subparagraph 7,i7-- 7,i7 by inserting 1 sea level rise1 extreme weather1 and climate change after mitigate stormwater2 and 7,,ii7 by striking and after the semicolon2 7iii7 by redesignating subparagraph 7,j7 as subparagraph 7,m72 and 7iv7 by inserting after subparagraph 7,i7 the following3 7,j7 facilitate emergency management1 response1 and evacuation and hazard mitigation2 7,k7 improve the level of transportation system access2 7,l7 support inclusive zoning policies and land use planning practices that incentivize affordable1 elastic1 and diverse housing supply1 facilitate long-term economic growth by improving the accessibility of housing to jobs1 and prevent high housing costs from displacing economically disadvantaged households2 and 2 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,through the use of a performance-based approach1 transportation investment decisions made as a part of the statewide transportation planning process shall support-- 7i7 the national goals described in section #aej7;b72 7ii7 the consideration of transportation system access 7consistent with section #aej7;f772 7iii7 the achievement of statewide targets established under section #aej7;d72 and 7iv7 the general purposes described in section #ecja of title #di4 2 and 7ii7 in subparagraph 7,d7 by striking statewide transportation improvement program and inserting ,,stip2 and 7,c7 in paragraph 7#c7 by striking statewide transportation improvement program and inserting ,,stip2 7#c7 in subsection 7e77#c7 by striking transportation improvement program and inserting ,,stip2 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#b77;,d7-- 7i7 in clause 7i7 by inserting air quality1 public health1 housing1 transportation1 resilience1 hazard mitigation1 emergency management1 after conservation12 and 7ii7 by amending clause 7ii7 to read as follows3 7ii7 ,comparison and consideration ,consultation under clause 7i7 shall involve the comparison of transportation plans to other relevant plans and inventories1 including1 if available-- 7,i7 ,state and tribal conservation plans or maps2 and 7,,ii7 inventories of natural or historic resources4 2 7,b7 in paragraph 7#c77;,b7-- 7i7 by striking ,in carrying out and inserting the following3 7i7 ,in general in carrying out 2 7ii7 by redesignating clauses 7i7 through 7iv7 as subclauses 7,i7 through 7,,iv71 respectively2 and 7iii7 by adding at the end the following3 7ii7 ,additional methods ,in addition to the methods described in clause 7i71 in carrying out subparagraph 7,a71 the ,state shall1 to the maximum extent practicable-- 7,i7 use virtual public involvement1 social media1 and other web-based tools to encourage public participation and solicit public feedback2 and 7,,ii7 use other methods1 as appropriate1 to further encourage public participation of historically underrepresented individuals in the transportation planning process4 2 7,c7 in paragraph 7#d77;,a7 by inserting reduce greenhouse gas emissions and after potential to2 and 7,d7 in paragraph 7#h7 by inserting greenhouse gas emissions1 after pollution12 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#a77;,a7 by striking statewide transportation improvement program and inserting ,,stip2 7,b7 in paragraph 7#c7 by striking operators711 and inserting operators712 7,c7 in paragraph 7#d7 by striking statewide transportation improvement program and inserting ,,stip each place it appears2 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7 by striking transportation improvement program and inserting ,,stip2 7ii7 in subparagraph 7,b77ii7 by striking metropolitan transportation improvement program and inserting ,,tip2 7iii7 in subparagraph 7,c7 by striking transportation improvement program and inserting ,,stip each place it appears2 7iv7 in subparagraph 7,e7 by striking transportation improvement program and inserting ,,stip2 7v7 in subparagraph 7,f77i7 by striking transportation improvement program and inserting ,,stip each place it appears2 7vi7 in subparagraph 7,g77ii7 by striking transportation improvement program and inserting ,,stip2 and 7vii7 in subparagraph 7,h7 by striking transportation improvement program and inserting ,,stip2 7,e7 in paragraph 7#f7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking transportation improvement program and inserting ,,stip2 and 7,,ii7 by striking and projects carried out under the bridge program or the ,interstate maintenance program2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking or under the bridge program or the ,interstate maintenance program2 7,,ii7 by striking #ecaj1 #ecaa1 #ecaf1 and #ecag and inserting #ecaj and #ecaa2 and 7,,iii7 by striking statewide transportation improvement program and inserting ,,stip2 7,f7 in paragraph 7#g7-- 7i7 in the heading by striking ,transportation improvement program and inserting ,,stip2 and 7ii7 by striking transportation improvement program and inserting ,,stip2 7,g7 in paragraph 7#h7 by striking statewide transportation plans and programs and inserting statewide transportation plans and ,s,t,i,ps2 and 7,h7 in paragraph 7#i7 by striking transportation improvement program and inserting ,,stip2 7#f7 in subsection 7h77#b77;,a7 by striking ,not later than #e years after the date of enactment of the ,,map-#ba1 and inserting ,not less frequently than once every #d years12 7#g7 in subsection 7k7 by striking transportation improvement program and inserting ,,stip each place it appears2 and 7#h7 in subsection 7m7 by striking transportation improvement programs and inserting ,s,t,i,ps4 #adjc4 ,national goals and performance management measures 7a7 ,in general ,section #aej of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,b7 by inserting after paragraph 7#f7 the following3 7#g7 ,combating climate change ,to reduce carbon dioxide and other greenhouse gas emissions and reduce the climate impacts of the transportation system4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking ,not later than #ah months after the date of enactment of the ,,map-#ba1 the ,secretary and inserting ,the ,secretary2 and 7,b7 by adding at the end the following3 7#g7 ,greenhouse gas emissions ,the ,secretary shall establish1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 measures for ,states to use to assess-- 7,a7 carbon dioxide emissions per capita on public roads2 and 7,b7 any other greenhouse gas emissions per capita on public roads that the ,secretary determines to be appropriate4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,not later than #a year after the ,secretary has promulgated the final rulemaking under subsection 7c71 each and inserting ,each2 and 7ii7 by striking and 7#f7 and inserting 7#f71 and 7#g72 and 7,b7 by adding at the end the following3 7#c7 ,regressive targets 7,a7 ,in general ,a ,state may not establish a regressive target for the measures described under paragraph 7#d7 or paragraph 7#g7 of subsection 7c74 7,b7 ,regressive target defined ,in this paragraph1 the term regressive target means a target that fails to demonstrate constant or improved performance for a particular measure4 2 7#d7 in subsection 7e7-- 7,a7 by striking ,not later than #d years after the date of enactment of the ,,map-#ba and biennially thereafter1 a and inserting ,a2 and 7,b7 by inserting biennial after the ,secretary a2 and 7#e7 by adding at the end the following3 7f7 ,transportation system access 7#a7 ,in general ,the ,secretary shall establish measures for ,states and metropolitan planning organizations to use to assess the level of safe1 reliable1 and convenient transportation system access to-- 7,a7 employment2 and 7,b7 services4 7#b7 ,considerations ,the measures established pursuant to paragraph 7#a7 shall include the ability for ,states and metropolitan planning organizations to assess-- 7,a7 the change in the level of transportation system access for various modes of travel1 including connection to other modes of transportation1 that would result from new transportation investments2 7,b7 the level of transportation system access for economically disadvantaged communities1 including to affordable housing2 and 7,c7 the extent to which transportation access is impacted by zoning policies and land use planning practices that effect the affordability1 elasticity1 and diversity of the housing supply4 7#c7 ,definition of services ,in this subsection1 the term services includes healthcare facilities1 child care1 education and workforce training1 food sources1 banking and other financial institutions1 and other retail shopping establishments4 4 7b7 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is further amended-- 7#a7 in subsection 7j77#b77;,d7-- 7,a7 by striking ,performance target achievement in the heading and inserting ,performance management2 7,b7 by striking ,the ,,tip and inserting the following3 7i7 ,in general ,the ,,tip 2 and 7,c7 by adding at the end the following3 7ii7 ,transportation management areas ,for metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection 7k71 the ,,tip shall include-- 7,i7 a discussion of the anticipated effect of the ,,tip toward achieving the performance targets established in the metropolitan transportation plan1 linking investment priorities to such performance targets2 and 7,,ii7 a description of how the ,,tip would improve the overall level of transportation system access1 consistent with section #aej7;f74 2 7#b7 in subsection 7k7-- 7,a7 in paragraph 7#c77;,a7-- 7i7 by striking shall address congestion management and inserting the following3 shall address-- 7i7 congestion management 2 7ii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7ii7 the overall level of transportation system access for various modes of travel within the metropolitan planning area1 including the level of access for economically disadvantaged communities1 consistent with section #aej7;f71 that is based on a cooperatively developed and implemented metropolitan-wide strategy1 assessing both new and existing transportation facilities eligible for funding under this title and chapter #ec of title #di4 2 and 7,b7 in paragraph 7#e77;,b7-- 7i7 in clause 7i7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7ii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 the ,,tip approved under clause 7ii7 improves the level of transportation system access1 consistent with section #aej7;f74 2 and 7#c7 in subsection 7l77#b7-- 7,a7 by striking #e years after the date of enactment of the ,,map-#ba and inserting #b years after the date of enactment of the ,,invest in ,america ,act1 and every #b years thereafter2 7,b7 in subparagraph 7,c7 by striking and whether metropolitan planning organizations are developing meaningful performance targets2 and and inserting a semicolon2 and 7,c7 by striking subparagraph 7,d7 and inserting the following3 7,d7 a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive 7as defined in section #aej7;d77#c77;,b772 and 7,e7 the progress of implementing the measure established under section #aej7;f74 4 7c7 ,statewide and nonmetropolitan transportation planning ,section #ace7;g77#d7 of title #bc1 ,united ,states ,code1 is further amended-- 7#a7 by striking ,performance target achievement in the heading and inserting ,performance management2 7#b7 by striking shall include1 to the maximum extent practicable1 a discussion and inserting the following3 shall include-- 7,a7 a discussion 2 7#c7 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7,b7 a consideration of how the ,,stip impacts the overall level of transportation system access1 consistent with section #aej7;f74 4 7d7 ,effective date ,the amendment made by subsection 7a77#c77;,b7 shall take effect #a year before the subsequent ,state target and reporting deadlines established pursuant to section #aej of title #bc1 ,united ,states ,code4 7e7 ,development of greenhouse gas measure ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to carry out paragraph 7#g7 of section #aej7;c7 of title #bc1 ,united ,states ,code1 as added by this ,act4 7f7 ,development of transportation system access measure 7#a7 ,establishment ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a working group to assess the provisions of paragraphs 7#a7 and 7#b7 of section #aej7;f7 and make recommendations regarding the establishment of measures for ,states and metropolitan planning organizations to use to assess the level of transportation system access for various modes of travel1 consistent with section #aej7;f7 of title #bc1 ,united ,states ,code4 7#b7 ,members ,the working group established pursuant to paragraph 7#a7 shall include representatives from-- 7,a7 the ,department of ,transportation2 7,b7 ,state departments of transportation1 including representatives that specialize in pedestrian and bicycle safety2 7,c7 the ,bureau of ,transportation ,statistics2 7,d7 metropolitan planning organizations representing transportation management areas 7as those terms are defined in section #acd of title #bc1 ,united ,states ,code72 7,e7 other metropolitan planning organizations or local governments2 7,f7 providers of public transportation2 7,g7 nonprofit entities related to transportation1 including relevant safety groups2 7,h7 experts in the field of transportation access data2 and 7,i7 any other stakeholders1 as determined by the ,secretary4 7#c7 ,report 7,a7 ,submission ,not later than #a year after the establishment of the working group pursuant to paragraph 7#a71 the working group shall submit to the ,secretary a report of recommendations regarding the establishment of measures for ,states and metropolitan planning organizations to use to assess the level of transportation system access1 consistent with section #aej7;f7 of title #bc1 ,united ,states ,code4 7,b7 ,publication ,not later than #cj days after the date on which the ,secretary receives the report under subparagraph 7,a71 the ,secretary shall publish the report on a publicly accessible website of the ,department of ,transportation4 7#d7 ,rulemaking ,not later than #b years after the date on which the ,secretary receives the report under paragraph 7#c71 the ,secretary shall issue such regulations as are necessary to implement the requirements of section #aej7;f7 of title #bc1 ,united ,states ,code4 7#e7 ,termination ,the ,secretary shall terminate the working group established pursuant to paragraph 7#a7 on the date on which the regulation issued pursuant to paragraph 7#d7 takes effect4 7g7 ,transportation system access data 7#a7 ,in general ,not later than #ij days after the date on which the ,secretary of ,transportation establishes the measure required under section #aej7;f7 of title #bc1 ,united ,states ,code1 the ,secretary shall develop or procure eligible transportation system access data sets and analytical tools and make such data sets and analytical tools available to ,state departments of transportation and metropolitan planning areas that represent transportation management areas4 7#b7 ,requirements ,an eligible transportation system access data set and analytical tool shall have the following characteristics3 7,a7 ,the ability to quantify the level of safe1 reliable1 and convenient transportation system access to-- 7i7 employment2 7ii7 services2 and 7iii7 connections to other modes of transportation4 7,b7 ,the ability to quantify transportation system access for various modes of travel1 including-- 7i7 driving2 7ii7 public transportation2 7iii7 walking 7including conveyance for persons with disabilities72 and 7iv7 cycling 7including micromobility74 7,c7 ,the ability to disaggregate the level of transportation system access by various transportation modes by a variety of population categories1 including-- 7i7 low-income populations2 7ii7 minority populations2 7iii7 age2 7iv7 disability2 and 7v7 geographical location4 7,d7 ,the ability to assess the change in the level of transportation system access that would result from new transportation investments4 7#c7 ,consideration ,an eligible transportation system access data set and analytical tool shall take into consideration safe and connected networks for walking1 cycling1 and persons with disabilities4 7h7 ,definitions ,in this section3 7#a7 ,transportation system access ,the term transportation system access has the meaning given such term in section #aja of title #bc1 ,united ,states ,code4 7#b7 ,services ,the term services has the meaning given such term in section #aej7;f7 of title #bc1 ,united ,states ,code4 #adjd4 ,transportation demand data and modeling study 7a7 ,study 7#a7 ,in general ,the ,secretary of ,transportation shall conduct a study on transportation demand data and modeling1 including transportation demand forecasting1 and make recommendations for developing and utilizing transportation and traffic demand models with a demonstrated record of accuracy4 7#b7 ,contents ,in carrying out the study under this section1 the ,secretary shall-- 7,a7 collect observed transportation demand data and transportation demand forecasts from ,states and metropolitan planning organizations1 including data and forecasts on-- 7i7 traffic counts2 7ii7 transportation mode share and public transportation ridership2 and 7iii7 vehicle occupancy measures2 7,b7 compare the transportation demand forecasts with the observed transportation demand data gathered under subparagraph 7,a71 including an analysis of the level of accuracy of forecasts and possible reasons for large discrepancies2 and 7,c7 use the information described in subparagraphs 7,a7 and 7,b7 to-- 7i7 develop best practices and guidance for ,states and metropolitan planning organizations to use in forecasting transportation demand for future investments in transportation improvements2 7ii7 evaluate the impact of transportation investments1 including new roadway capacity1 on transportation behavior and transportation demand1 including public transportation ridership1 induced highway transportation1 and congestion2 7iii7 support more accurate transportation demand forecasting by ,states and metropolitan planning organizations2 7iv7 enhance the capacity of ,states and metropolitan planning organizations to-- 7,i7 forecast transportation demand2 and 7,,ii7 track observed transportation behavior responses1 including induced transportation1 to changes in transportation capacity1 pricing1 and land use patterns2 and 7v7 develop transportation demand management strategies to maximize the efficiency of the transportation system1 improve mobility1 reduce congestion1 and lower vehicle emissions4 7#c7 ,covered entities ,in carrying out the study under this section1 the ,secretary shall ensure that data and forecasts described in paragraph 7#b77;,a7 are collected from-- 7,a7 ,states2 7,b7 metropolitan planning organizations that serve an area with a population of #bjj1jjj people or fewer2 and 7,c7 metropolitan planning organizations that serve an area with a population of over #bjj1jjj people4 7#d7 ,working with the private sector ,in carrying out this section1 the ,secretary may1 and is encouraged to1 procure additional data as necessary from university transportation centers1 private sector providers1 and other entities as is needed and may use funds authorized under section #ejc7;b7 of title #bc1 ,united ,states ,code1 for carrying out this paragraph4 7#e7 ,working with affected communities ,in carrying out this section1 the ,secretary shall consult with1 and collect data and input from1 representatives of-- 7,a7 the ,department of ,transportation2 7,b7 ,state departments of transportation2 7,c7 metropolitan planning organizations2 7,d7 local governments2 7,e7 providers of public transportation2 7,f7 nonprofit entities related to transportation1 including safety1 cycling1 disability1 and equity groups2 and 7,g7 any other stakeholders1 as determined by the ,secretary4 7b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report containing the findings of the study conducted under subsection 7a74 7c7 ,secretarial support ,the ,secretary shall seek opportunities to support the transportation planning processes under sections #acd and #ace of title #bc1 ,united ,states ,code1 through the provision of data to ,states and metropolitan planning organizations to improve the quality of transportation plans1 models1 and demand forecasts4 7d7 ,update guidance and regulations ,the ,secretary shall-- 7#a7 update ,department of ,transportation guidance and procedures to utilize best practices documented throughout the ,federal program2 and 7#b7 ensure that best practices included in the report are incorporated into appropriate regulations as such regulations are updated4 7e7 ,continuing improvement ,the ,secretary shall set out a process to repeat the study under this section every #b years as part of the conditions and performance report1 including-- 7#a7 progress in the accuracy of model projections2 7#b7 further recommendations for improvement2 and 7#c7 further changes to guidance1 regulation1 and procedures required for the ,department of ,transportation to adopt best practices4 #adje4 ,fiscal constraint on long-range transportation plans ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall amend section #dej4cbd7;f77#aa77v7 of title #bc1 ,code of ,federal ,regulations1 to ensure that the outer years of a metropolitan transportation plan are defined as beyond the first #d years4 ,e ,federal ,lands1 ,tribes1 and ,territories #aeja4 ,territorial and ,puerto ,rico highway program ,section #afe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking #aeh1jjj1jjj and inserting #baj1jjj1jjj2 and 7,b7 in paragraph 7#b7 by striking #db1jjj1jjj and inserting #ajj1jjj1jjj2 7#b7 in subsection 7c77#f77;,a77iii7 by striking in accordance with subsections 7b7 and 7c7 of section #abi and inserting including such boats1 facilities1 and approaches that are privately or majority-privately owned1 provided that such boats1 facilities1 and approaches provide a substantial public benefit2 and 7#c7 by adding at the end the following3 7d7 ,participation of territories in discretionary programs ,for any program in which the ,secretary may allocate funds out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to a ,state at the discretion of the ,secretary1 the ,secretary may allocate funds to one or more territory for any project or activity that otherwise would be eligible under such program if such project or activity was being carried out in a ,state4 4 #aejb4 ,tribal transportation program ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7 by striking improving deficient and inserting the construction and reconstruction of2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7 by inserting construct1 after project to2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking deficient2 and 7,,ii7 by inserting in poor condition after facility bridges2 and 7,c7 in paragraph 7#c7-- 7i7 in the heading by striking ,eligible bridges and inserting ,eligibility for existing bridges2 7ii7 by striking a bridge and inserting an existing bridge2 and 7iii7 in subparagraph 7,c7 by striking structurally deficient or functionally obsolete and inserting in poor condition2 and 7#b7 in subsection 7e7 by striking for eligible projects described in section #adh7;a77#d74 and inserting the following3 for-- 7,a7 eligible projects described in section #adh7;a77#d72 7,b7 projects to promote public awareness and education concerning highway safety matters 7including bicycle1 all-terrain1 motorcyclist1 and pedestrian safety72 or 7,c7 projects to enforce highway safety laws4 4 #aejc4 ,tribal ,high ,priority ,projects program 7a7 ,tribal transportation program ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,tribal ,high ,priority ,projects program ,before making any distribution under subsection 7b71 the ,secretary shall set aside #ej1jjj1jjj from the funds made available under the tribal transportation program for each fiscal year to carry out the ,tribal ,high ,priority ,projects program under section #aabc of ,,map-#ba 7#bc ,u4,s4,c4 #bjb note74 4 7b7 ,tribal ,high ,priority ,projects program ,section #aabc of ,,map-#ba 7#bc ,u4,s4,c4 #bjb note7 is amended-- 7#a7 in subsection 7a77#a77;,c7 by striking required by that section and inserting required under such program2 7#b7 in subsection 7b77#a7 by striking use amounts made available under subsection 7h7 to2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b7 by inserting 1 in consultation with the ,secretary of the ,interior1 after ,the ,secretary2 and 7,b7 in paragraph 7#c7 by striking of the ,interior each place it appears2 7#d7 in subsection 7f7 by striking #a1jjj1jjj and inserting #e1jjj1jjj2 7#e7 in subsection 7g7 by striking and the ,secretary and inserting or the ,secretary2 and 7#f7 by striking subsection 7h7 and inserting the following3 7h7 ,administration ,the funds made available to carry out this section shall be administered in the same manner as funds made available for the ,tribal transportation program under section #bjb of title #bc1 ,united ,states ,code4 4 #aejd4 ,federal lands transportation program 7a7 ,in general ,section #bjc7;a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#f7 ,transfer for high-commuter corridors 7,a7 ,request ,if the head of a covered agency determines that a high-commuter corridor requires additional investment1 based on the criteria described in subparagraph 7,d71 the head of a covered agency1 with respect to such corridor1 shall submit to the ,state-- 7i7 information on condition of pavements and bridges2 7ii7 an estimate of the amounts needed to bring such corridor into a state of good repair1 taking into consideration any planned future investments2 and 7iii7 at the discretion of the head of a covered agency1 a request that the ,state transfer to the covered agency1 under the authority of section #acb or section #bjd1 or to the ,federal ,highway ,administration1 under the authority of section #ajd1 a portion of such amounts necessary to address the condition of the corridor4 7,b7 ,state response ,not later than #de days after the date of receipt of the request described in subparagraph 7,a77iii71 the ,state shall-- 7i7 approve the request2 7ii7 deny the request and explain the reasons for such denial2 or 7iii7 request any additional information necessary to take action on the request4 7,c7 ,notification to the ,secretary ,the head of a covered agency shall provide to the ,secretary a copy of any request described under subparagraph 7,a77iii7 and response described under subparagraph 7,b74 7,d7 ,criteria ,in making a determination under subparagraph 7,a71 the head of a covered agency1 with respect to the corridor1 shall consider-- 7i7 the condition of roads1 bridges1 and tunnels2 and 7ii7 the average annual daily traffic4 7,e7 ,definitions ,in this paragraph3 7i7 ,covered agency ,the term covered agency means a ,federal agency eligible to receive funds under this section1 section #bjc1 or section #bjd1 including the ,army ,corps of ,engineers1 ,bureau of ,reclamation1 and the ,bureau of ,land ,management4 7ii7 ,high-commuter corridor ,the term high-commuter corridor means a highway1 bridge1 or other transportation facility for which title and maintenance responsibility is vested in the ,federal ,government that has average annual daily traffic of not less than #bj1jjj vehicles4 4 7b7 ,,gao study regarding ,,nps maintenance 7#a7 ,study ,the ,comptroller ,general of the ,united ,states shall study the ,national ,park ,service maintenance prioritization of ,federal lands transportation facilities4 7#b7 ,contents ,at minimum1 the study under paragraph 7#a7 shall examine-- 7,a7 general administrative maintenance of the ,national ,park ,service2 7,b7 how the ,national ,park ,service currently prioritizes maintenance of ,federal facilities covered under the ,federal ,lands ,transportation ,program2 7,c7 what kind of maintenance the ,national ,parkway ,service is performing2 7,d7 to what degree does the ,national ,park ,service prioritize high-commuter corridors2 and 7,e7 how the ,national ,park ,service can better service the needs of high commuter corridors4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report summarizing the study and the results of such study1 including recommendations for addressing the maintenance needs and prioritization of high-commuter corridors4 7#d7 ,definition of high-commuter corridor ,in this section1 the term high-commuter corridor means a ,federal lands transportation facility that has average annual daily traffic of not less than #bj1jjj vehicles4 #aeje4 ,federal lands and ,tribal major projects program 7a7 ,in general ,chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after section #bjg the following3 #bjh4 ,federal lands and ,tribal major projects program 7a7 ,establishment ,the ,secretary shall establish a ,federal lands and ,tribal major projects program 7referred to in this section as the program7 to provide funding to construct1 reconstruct1 or rehabilitate critical ,federal lands and ,tribal transportation infrastructure4 7b7 ,eligible applicants 7#a7 ,in general ,except as provided in paragraph 7#b71 entities eligible to receive funds under sections #bja1 #bjb1 #bjc1 and #bjd may apply for funding under the program4 7#b7 ,special rule ,a ,state1 county1 or unit of local government may only apply for funding under the program if sponsored by an eligible ,federal land management agency or ,indian ,tribe4 7c7 ,eligible projects ,an eligible project under the program shall be on a ,federal lands transportation facility1 a ,federal lands access transportation facility1 or a tribal transportation facility1 except that such facility is not required to be included in an inventory described in section #bjb or #bjc1 and for which-- 7#a7 the project-- 7,a7 has completed the activities required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 which has been demonstrated through-- 7i7 a record of decision with respect to the project2 7ii7 a finding that the project has no significant impact2 or 7iii7 a determination that the project is categorically excluded2 or 7,b7 is reasonably expected to begin construction not later than #ah months after the date of obligation of funds for the project2 and 7#b7 the project has an estimated cost equal to or exceeding-- 7,a7 #ab1ejj1jjj if it is on a ,federal lands transportation facility or a ,federal lands access transportation facility2 and 7,b7 #e1jjj1jjj if it is on a ,tribal transportation facility4 7d7 ,eligible activities ,grant amounts received for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 and rehabilitation activities4 7e7 ,applications ,eligible applicants shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7f7 ,project requirements ,the ,secretary may select a project to receive funds under the program only if the ,secretary determines that the project-- 7#a7 improves the condition of critical transportation facilities1 including multimodal facilities2 7#b7 cannot be easily and efficiently completed with amounts made available under section #bjb1 #bjc1 or #bjd2 and 7#c7 is cost effective4 7g7 ,merit criteria ,in making a grant under this section1 the ,secretary shall consider whether the project-- 7#a7 will generate state of good repair1 resilience1 economic competitiveness1 quality of life1 mobility1 or safety benefits2 7#b7 in the case of a project on a ,federal lands transportation facility or a ,federal lands access transportation facility1 has costs matched by funds that are not provided under this section or this title2 and 7#c7 generates benefits for land owned by multiple ,federal land management agencies or ,indian ,tribes1 or which spans multiple ,states4 7h7 ,evaluation and rating ,to evaluate applications1 the ,secretary shall-- 7#a7 determine whether a project meets the requirements under subsection 7f72 7#b7 evaluate1 through a discernable and transparent methodology1 how each application addresses one or more merit criteria established under subsection 7g72 7#c7 assign a rating for each merit criteria for each application2 and 7#d7 consider applications only on the basis of such quality ratings and which meet the minimally acceptable level for each of the merit criteria4 7i7 ,cost share 7#a7 ,federal lands projects 7,a7 ,in general ,notwithstanding section #abj1 the ,federal share of the cost of a project on a ,federal lands transportation facility or a ,federal lands access transportation facility shall be up to #ij percent4 7,b7 ,non-federal share ,notwithstanding any other provision of law1 any ,federal funds may be used to pay the non-,federal share of the cost of a project carried out under this section4 7#b7 ,tribal projects ,the ,federal share of the cost of a project on a ,tribal transportation facility shall be #ajj percent4 7j7 ,use of funds ,for each fiscal year1 of the amounts made available to carry out this section1 not more than #ej percent shall be used for eligible projects on ,federal lands transportation facilities or ,federal lands access transportation facilities and ,tribal transportation facilities1 respectively4 4 7b7 ,clerical amendment ,the analysis for chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjg the following new item3 #bjh4 ,federal lands and ,tribal major projects program4 4 7c7 ,repeal ,section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note71 and the item related to such section in the table of contents under section #a7;b7 of such ,act1 are repealed4 #aejf4 ,office of ,tribal ,government ,affairs ,section #ajb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#a7-- 7,a7 by striking #f ,assistant and inserting #g ,assistant2 7,b7 in subparagraph 7,c7 by striking 2 and and inserting a semicolon2 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,d7 by inserting after subparagraph 7,c7 the following3 7,d7 an ,assistant ,secretary for ,tribal ,government ,affairs1 who shall be appointed by the ,president2 and 2 and 7#b7 in subsection 7f7-- 7,a7 in the heading by striking ,deputy ,assistant ,secretary for ,tribal ,government ,affairs and inserting ,office of ,tribal ,government ,affairs2 and 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,establishment ,there is established in the ,department an ,office of ,tribal ,government ,affairs1 under the ,assistant ,secretary for ,tribal ,government ,affairs1 to-- 7,a7 oversee the ,tribal transportation self-governance program under section #bjg of title #bc2 7,b7 plan1 coordinate1 and implement policies and programs serving ,indian ,tribes and ,tribal organizations2 7,c7 coordinate ,tribal transportation programs and activities in all offices and administrations of the ,department2 7,d7 provide technical assistance to ,indian ,tribes and ,tribal organizations2 7,e7 be a participant in any negotiated rulemakings relating to1 or having an impact on1 projects1 programs1 or funding associated with the tribal transportation program under section #bjb of title #bc2 and 7,f7 ensure that ,department programs have in place1 implement1 and enforce requirements and obligations for regular and meaningful consultation and collaboration with ,tribes and ,tribal officials under ,executive ,order ,no4 #acage and to serve as the primary advisor to the ,secretary and other ,department components regarding violations of those requirements4 4 #aejg4 ,alternative contracting methods 7a7 ,land management agencies and tribal governments ,section #bja of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,alternative contracting methods 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may use a contracting method available to a ,state under this title on behalf of-- 7,a7 a ,federal land management agency1 with respect to any funds available pursuant to section #bjc or #bjd2 7,b7 a ,federal land management agency1 with respect to any funds available pursuant to section #aece of title #ca for any eligible use described in sections #bjc7;a77#a7 and #bjd7;a77#a7 of this title2 or 7,c7 a ,tribal ,government1 with respect to any funds available pursuant to section #bjb7;b77#g77;,d74 7#b7 ,methods described ,the contracting methods referred to in paragraph 7#a7 shall include1 at a minimum-- 7,a7 project bundling2 7,b7 bridge bundling2 7,c7 design-build contracting2 7,d7 #b-phase contracting2 7,e7 long-term concession agreements2 and 7,f7 any method tested1 or that could be tested1 under an experimental program relating to contracting methods carried out by the ,secretary4 7#c7 ,rule of construction ,nothing in this subsection-- 7,a7 affects the application of the ,federal share for a project carried out with a contracting method under this subsection2 or 7,b7 modifies the point of obligation of ,federal salaries and expenses4 4 7b7 ,use of alternative contracting method ,in carrying out the amendments made by this section1 the ,secretary shall-- 7#a7 in consultation with the applicable ,federal land management agencies1 establish procedures that are-- 7,a7 applicable to each alternative contracting method2 and 7,b7 to the maximum extent practicable1 consistent with requirements for ,federal procurement transactions2 7#b7 solicit input on the use of each alternative contracting method from any affected industry prior to using such method2 and 7#c7 analyze and prepare an evaluation of the use of each alternative contracting method4 #aejh4 ,divestiture of federally owned bridges 7a7 ,in general ,the ,commissioner of the ,bureau of ,reclamation may transfer ownership of a bridge that is owned by the ,bureau of ,reclamation if-- 7#a7 the ownership of the bridge is transferred to a ,state with the concurrence of such ,state2 7#b7 the ,state to which ownership is transferred agrees to operate and maintain the bridge2 7#c7 the transfer of ownership complies with all applicable ,federal requirements1 including-- 7,a7 section #ach of title #bc1 ,united ,states ,code2 7,b7 section #cjfajh of title #ed1 ,united ,states ,code2 and 7,c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#d7 the ,bureau of ,reclamation and the ,state to which ownership is being transferred jointly notify the ,secretary of ,transportation of the intent to conduct a transfer prior to such transfer4 7b7 ,access ,in a transfer of ownership of a bridge under this section1 the ,commissioner of the ,bureau of ,reclamation-- 7#a7 shall not be required to transfer ownership of the land on which the bridge is located or any adjacent lands2 and 7#b7 shall make arrangements with the ,state to which ownership is being transferred to allow for adequate access to such bridge1 including for the purposes of construction1 maintenance1 and bridge inspections pursuant to section #add of title #bc1 ,united ,states ,code4 #aeji4 ,study on ,federal funding available to ,indian ,tribes ,not later than ,january #ca of each year1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that-- 7#a7 identifies the number of ,indian ,tribes that were direct recipients of funds under any discretionary ,federal highway1 transit1 or highway safety program in the prior fiscal year2 7#b7 lists the total amount of such funds made available directly to such ,tribes2 7#c7 identifies the number and location of ,indian ,tribes that were indirect recipients of funds under any formula-based ,federal highway1 transit1 or highway safety program in the prior fiscal year2 and 7#d7 lists the total amount of such funds made available indirectly to such tribes through states or other direct recipients of ,federal highway1 transit or highway safety funding4 #aeaj4 ,,gao study 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the deferred maintenance of ,united ,states forest roads1 including-- 7#a7 the current backlog2 7#b7 the current actions on such maintenance and backlog2 7#c7 the impacts of public safety due to such deferred maintenance2 and 7#d7 recommendations for ,congress on ways to address such backlog4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report containing the results of the study conducted under subsection 7a74 ,f ,additional ,provisions #afja4 ,vision zero 7a7 ,in general ,a local government1 metropolitan planning organization1 or regional transportation planning organization may develop and implement a vision zero plan to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe1 not to exceed #bj years4 7b7 ,use of funds ,amounts apportioned to a ,state under paragraph 7#b7 or 7#c7 of section #ajd7;b7 of title #bc1 ,united ,states ,code1 may be used to carry out a vision zero plan under this section4 7c7 ,contents of plan ,a vision zero plan under this section shall include-- 7#a7 a description of programs1 strategies1 or policies intended to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe1 not to exceed #bj years1 that is consistent with a ,state strategic highway safety plan and uses existing transportation data and consideration of risk factors2 7#b7 plans for implementation of1 education of the public about1 and enforcement of such programs1 strategies1 or policies2 7#c7 a description of how such programs1 strategies1 or policies1 and the enforcement of such programs1 strategies1 or policies will-- 7,a7 equitably invest in the safety needs of low-income and minority communities2 7,b7 ensure that such communities are not disproportionately targeted by law enforcement2 and 7,c7 protect the rights of members of such communities with respect to title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 and 7#d7 a description of a mechanism to evaluate progress of the development and implementation of the plan1 including the gathering and use of transportation safety and demographic data4 7d7 ,inclusions ,a vision zero plan may include a complete streets prioritization plan that identifies a specific list of projects to-- 7#a7 create a connected network of active transportation facilities1 including sidewalks1 bikeways1 or pedestrian and bicycle trails1 to connect communities and provide safe1 reliable1 affordable1 and convenient access to employment1 housing1 and services1 consistent with the goals described in section #aej7;b7 of title #bc1 ,united ,states ,code2 7#b7 integrate active transportation facilities with public transportation service or improve access to public transportation2 and 7#c7 improve transportation options for low-income and minority communities4 7e7 ,coordination ,a vision zero plan under this section shall provide for coordination of various subdivisions of a unit of local government in the implementation of the plan1 including subdivisions responsible for law enforcement1 public health1 data collection1 and public works4 7f7 ,safety performance management ,a vision zero plan under this section is not sufficient to demonstrate compliance with the safety performance or planning requirements of section #adh or #aej of title #bc1 ,united ,states ,code4 #afjb4 ,speed limits 7a7 ,speed limits ,the ,secretary of ,transportation shall revise the ,manual on ,uniform ,traffic ,control ,devices to provide for a safe system approach to setting speed limits1 consistent with the safety recommendations issued by the ,national ,transportation ,safety ,board on ,august #ae1 #bjag1 numbered ,h-#ag-bg and ,h-#ag-jbh4 7b7 ,considerations ,in carrying out subparagraph 7,a71 the ,secretary shall consider-- 7#a7 crash statistics2 7#b7 road geometry characteristics2 7#c7 roadside characteristics2 7#d7 traffic volume2 7#e7 the possibility and likelihood of human error2 7#f7 human injury tolerance2 7#g7 the prevalence of vulnerable road users2 and 7#h7 any other consideration1 consistent with a safe system approach1 as determined by the ,secretary4 7c7 ,report on ,speed ,management ,program ,plan ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall update and report on the implementation progress of the ,speed ,management ,program ,plan of the ,department of ,transportation1 as described in the safety recommendation issued by the ,national ,transportation ,safety ,board on ,august #ae1 #bjag1 numbered ,h-#ag-jah4 7d7 ,definitions ,in this section1 the terms safe system approach and vulnerable road user have the meanings given such terms in section #adh7;a7 of title #bc1 ,united ,states ,code4 #afjc4 ,broadband infrastructure deployment 7a7 ,definitions ,in this section3 7#a7 ,appropriate state agency ,the term appropriate ,state agency means a ,state governmental agency that is recognized by the executive branch of the ,state as having the experience necessary to evaluate and facilitate the installation and operation of broadband infrastructure within the ,state4 7#b7 ,broadband ,the term broadband has the meaning given the term advanced telecommunications capability in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb74 7#c7 ,broadband conduit ,the term broadband conduit means a conduit or innerduct for fiber optic cables 7or successor technology of greater quality and speed7 that supports the provision of broadband4 7#d7 ,broadband infrastructure ,the term broadband infrastructure means any buried or underground facility and any wireless or wireline connection that enables the provision of broadband4 7#e7 ,broadband provider ,the term broadband provider means an entity that provides broadband to any person or facilitates provision of broadband to any person1 including1 with respect to such entity-- 7,a7 a corporation1 company1 association1 firm1 partnership1 nonprofit organization1 or any other private entity2 7,b7 a ,state or local broadband provider2 7,c7 an ,indian ,tribe2 and 7,d7 a partnership between any of the entities described in subparagraphs 7,a71 7,b71 and 7,c74 7#f7 ,covered highway construction project 7,a7 ,in general ,the term covered highway construction project means1 without regard to ownership of a highway1 a project to construct a new highway or an additional lane for an existing highway1 to reconstruct an existing highway1 or new construction1 including for a paved shoulder4 7,b7 ,exclusions ,the term covered highway construction project excludes any project-- 7i7 awarded before the date on which regulations required under subsection 7b7 take effect2 7ii7 that does not include work beyond the edge of pavement or current paved shoulder2 or 7iii7 that does not require excavation4 7#g7 ,dig once requirement ,the term dig once requirement means a requirement designed to reduce the cost and accelerate the deployment to broadband by minimizing the number and scale of repeated excavations for the installation and maintenance of broadband conduit or broadband infrastructure in rights-of-way4 7#h7 ,indian tribe ,the term ,indian ,tribe has the meaning given such term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#i7 ,,ntia ,administrator ,the term ,,ntia ,administrator means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#aj7 ,project ,the term project has the meaning given such term in section #aja of title #bc1 ,united ,states ,code4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#ab7 ,state ,the term ,state has the meaning given such term in section #dja of title #bc1 ,united ,states ,code4 7#ac7 ,state or local broadband provider ,the term ,state or local broadband provider means a ,state or political subdivision thereof1 or any agency1 authority1 or instrumentality of a ,state or political subdivision thereof1 that provides broadband to any person or facilitates the provision of broadband to any person in that ,state4 7#ad7 ,tribal government ,the term ,tribal government means the recognized governing body of an ,indian ,tribe or any agency1 authority1 or instrumentality of such governing body or such ,indian ,tribe4 7b7 ,dig once requirement ,to facilitate the installation of broadband infrastructure1 the ,secretary shall1 not later than #i months after the date of enactment of this ,act1 promulgate regulations to ensure that each ,state that receives funds under chapter #a of title #bc1 ,united ,states ,code1 meets the following requirements3 7#a7 ,broadband planning ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall-- 7,a7 identify a broadband coordinator1 who may have additional responsibilities in the ,state department of transportation or in another ,state agency1 that is responsible for facilitating the broadband infrastructure right-of-way efforts within the ,state2 and 7,b7 review existing ,state broadband plans1 including existing dig once requirements of the ,state1 municipal governments incorporated under ,state law1 and ,tribal governments within the ,state1 to determine opportunities to coordinate projects occurring within or across highway rights-of-way with planned broadband infrastructure projects4 7#b7 ,notice of planned construction for broadband providers 7,a7 ,notice ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall establish a process-- 7i7 for the registration of broadband providers that seek to be included in the advance notification of1 and opportunity to participate in1 broadband infrastructure right-of-way facilitation efforts within the ,state2 and 7ii7 to electronically notify all broadband providers registered under clause 7i7-- 7,i7 of the ,state transportation improvement program on at least an annual basis2 and 7,,ii7 of projects within the highway right-of-way for which ,federal funding is expected to be obligated in the subsequent fiscal year4 7,b7 ,website ,a ,state department of transportation shall be considered to meet the requirements of subparagraph 7,a7 if such ,state department of transportation publishes on a public website-- 7i7 the ,state transportation improvement program on at least an annual basis2 and 7ii7 projects within the highway right-of-way for which ,federal funding is expected to be obligated in the subsequent fiscal year4 7,c7 ,coordination ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall establish a process for a broadband provider to commit to installing broadband conduit or broadband infrastructure as part of any project4 7#c7 ,required installation of conduit 7,a7 ,in general ,the ,state department of transportation shall install broadband conduit1 in accordance with this paragraph1 except as described in subparagraph 7,f71 as part of any covered highway construction project1 unless a broadband provider has committed to install broadband conduit or broadband infrastructure as part of such project in a process described under paragraph 7#b77;,c74 7,b7 ,installation requirements ,the ,state department of transportation shall ensure that-- 7i7 an appropriate number of broadband conduits1 as determined in consultation with the appropriate ,state agencies1 are installed along the highway of a covered highway construction project to accommodate multiple broadband providers1 with consideration given to the availability of existing conduits2 7ii7 the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand1 as determined in consultation with the appropriate ,state agencies2 7iii7 hand holes and manholes necessary for fiber access and pulling with respect to such conduit are placed at intervals consistent with standards determined in consultation with the appropriate ,state agencies 7which may differ by type of road1 topologies1 and rurality7 and consistent with safety requirements2 7iv7 each broadband conduit installed pursuant to this paragraph includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with best practices2 and 7v7 is placed at a depth consistent with requirements of the covered highway construction project and best practices and that1 in determining the depth of placement1 consideration is given to the location of existing utilities and cable separation requirements of ,state and local electrical codes4 7,c7 ,guidance for the installation of broadband conduit ,the ,secretary1 in consultation with the ,,ntia ,administrator1 shall issue guidance for best practices related to the installation of broadband conduit as described in this paragraph and of conduit and similar infrastructure for intelligent transportation systems 7as such term is defined in section #eja of title #bc1 ,united ,states ,code7 that may utilize broadband conduit installed pursuant to this paragraph4 7,d7 ,access 7i7 ,in general ,the ,state department of transportation shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this paragraph1 on a competitively neutral and nondiscriminatory basis1 and in accordance with ,state permitting1 licensing1 leasing1 or other similar laws and regulations4 7ii7 ,fee schedule ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall publish a fee schedule for a broadband provider to access conduit installed pursuant to this paragraph4 ,fees in such schedule-- 7,i7 shall be consistent with the fees established pursuant to section #bbd of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbd72 7,,ii7 may vary by topography1 location1 type of road1 rurality1 and other factors in the determination of the ,state2 and 7,,iii7 may be updated not more frequently than annually4 7iii7 ,in-kind compensation ,the ,state department of transportation may negotiate in-kind compensation with any broadband provider requesting access to broadband conduit installed under the provisions of this paragraph as a replacement for part or all of1 but not to exceed1 the relevant fee in the fee schedule described in clause 7ii74 7iv7 ,safety considerations ,the ,state department of transportation shall require of broadband providers a process for safe access to the highway right-of-way during installation and on-going maintenance of the broadband fiber optic cables including a traffic control safety plan4 7v7 ,communication ,a broadband provider with access to the conduit installed pursuant to this subsection shall notify and receive permission from the relevant agencies of ,state responsible for the installation of such broadband conduit prior to accessing any highway or highway right-of-way1 in accordance with applicable ,federal requirements4 7,e7 ,treatment of projects ,notwithstanding any other provision of law1 broadband conduit and broadband infrastructure installation projects under this paragraph shall comply with section #aac7;a7 of title #bc1 ,united ,states ,code4 7,f7 ,waiver authority 7i7 ,in general ,a ,state department of transportation may waive the required installation of broadband conduit for part or all of any covered highway construction project under this paragraph if1 in the determination of the ,state-- 7,i7 broadband infrastructure1 terrestrial broadband infrastructure1 aerial broadband fiber cables1 or broadband conduit is present near a majority of the length of the covered highway construction project2 7,,ii7 the installation of conduit increases overall costs of a covered highway construction project by #a4e percent or greater2 7,,iii7 the installation of broadband conduit associated with covered highway construction project will not be utilized or connected to future broadband infrastructure in the next #bj years1 in the determination of the ,state department of transportation1 in consultation with appropriate ,state agencies and potentially affected local governments and ,tribal governments2 7,,iv7 the requirements of this paragraph would require installation of conduit redundant with a dig once requirement of a local or ,tribal government2 7,v7 there exists a circumstance involving force majeure2 or 7,,vi7 other relevant factors1 as determined by the ,secretary in consultation with the ,,ntia ,administrator through regulation1 warrant a waiver4 7ii7 ,contents of waiver ,a waiver authorized under this subparagraph shall-- 7,i7 identify the covered highway construction project2 and 7,,ii7 include a brief description of the determination of the ,state for issuing such waiver4 7iii7 ,availability of waiver ,a waiver authorized under this subparagraph shall be included in the plans1 specifications1 and estimates for the associated project1 as long as such info is publicly available4 7#d7 ,priority ,if a ,state provides for the installation of broadband infrastructure or broadband conduit in the right-of-way of an applicable project under this subsection1 the ,state department of transportation1 along with appropriate ,state agencies1 shall carry out appropriate measures to ensure that any existing broadband providers are afforded equal opportunity access1 as compared to other broadband providers1 with respect to the program under this subsection4 7#e7 ,consultation 7,a7 ,in general ,in promulgating regulations required by this subsection or to implement any part of this section1 the ,secretary shall consult-- 7i7 the ,,ntia ,administrator2 7ii7 the ,federal ,communications ,commission2 7iii7 ,state departments of transportation2 7iv7 appropriate ,state agencies2 7v7 agencies of local governments responsible for transportation and rights-of-way1 utilities1 and telecommunications and broadband2 7vi7 ,tribal governments2 7vii7 broadband providers2 and 7viii7 manufacturers of optical fiber1 conduit1 pull tape1 and related items4 7,b7 ,broadband users ,the ,secretary shall ensure that the entities consulted under clauses 7iii7 through 7vi7 of subparagraph 7,a7 include rural areas and populations with limited access to broadband infrastructure4 7,c7 ,broadband providers ,the ,secretary shall ensure that the entities consulted under clause 7vii7 of subparagraph 7,a7 include entities who provide broadband to rural areas and populations with limited access to broadband infrastructure4 7#f7 ,prohibition on unfunded mandate 7,a7 ,in general ,this subsection shall apply only to projects for which ,federal obligations or expenditures are initially approved on or after the date regulations required under this subsection take effect4 7,b7 ,no mandate ,absent an available and dedicated ,federal source of funding-- 7i7 nothing in this subsection establishes a mandate or requirement that a ,state install broadband conduit in a highway right-of-way2 and 7ii7 nothing in paragraph 7#c7 shall establish any requirement for a ,state4 7#g7 ,rules of construction 7,a7 ,state law ,nothing in this subsection shall be construed to require a ,state to install or allow the installation of broadband conduit or broadband infrastructure-- 7i7 that is otherwise inconsistent with what is allowable under ,state law2 or 7ii7 where the ,state lacks the authority or property easement necessary for such installation4 7,b7 ,no requirement for installation of mobile services equipment ,nothing in this section shall be construed to require a ,state1 a municipal government incorporated under ,state law1 or an ,indian ,tribe to install or allow for the installation of equipment essential for the provision of commercial mobile services 7as defined in section #ccb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;d777 or commercial mobile data service 7as defined in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja771 other than broadband conduit and associated equipment described in paragraph 7#c77;,b74 7c7 ,relation to state dig once requirements ,nothing in subsection 7b7 or any regulations promulgated under subsection 7b7 shall be construed to alter or supersede any provision of a ,state law or regulation that provides for a dig once requirement that includes similar or more stringent requirements to the provisions of subsection 7b7 and any regulations promulgated under subsection 7b74 7d7 ,dig once funding task force 7#a7 ,establishment ,there is established an independent task force on funding the nationwide dig once requirement described in this section to be known as the ,dig ,once ,funding ,task ,force 7hereinafter referred to as the ,task ,force74 7#b7 ,duties ,the duties of the ,task ,force shall be to-- 7,a7 estimate the annual cost for implementing and administering a nationwide dig once requirement2 and 7,b7 propose and evaluate options for funding a nationwide dig once requirement described in this section that includes-- 7i7 a discussion of the role and potential share of costs of-- 7,i7 the ,federal ,government2 7,,ii7 ,state1 local1 and ,tribal governments2 and 7,,iii7 broadband providers2 and 7ii7 consideration of the role of existing dig once requirements of ,state1 local1 and ,tribal governments and private broadband investment1 with a goal to not discourage or disincentivize such dig once requirements or such investment4 7#c7 ,reports 7,a7 ,interim report and briefing ,not later than #i months after the date of enactment of this ,act1 the ,task ,force shall submit an interim report to ,congress and provide briefings for ,congress on the findings of the ,task ,force4 7,b7 ,final report ,not later than #ab months after the date of enactment of this ,act1 the ,task ,force shall submit a final report to ,congress on the findings of the ,task ,force4 7#d7 ,members 7,a7 ,appointments ,the ,task ,force shall consist of #ad members1 consisting of-- 7i7 the two co-chairs described in subparagraph 7,b72 7ii7 six members jointly appointed by the ,speaker and minority leader of the ,house of ,representatives1 in consultation with the respective ,chairs and ,ranking ,members of the-- 7,i7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,,ii7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,,iii7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7iii7 six members jointly appointed by the majority leader and minority leader of the ,senate1 in consultation with the respective ,chairs and ,ranking ,members of the-- 7,i7 the ,committee on ,environment and ,public ,works of the ,senate2 7,,ii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,,iii7 the ,committee on ,appropriations of the ,senate4 7,b7 ,co-chairs ,the ,task ,force shall be co-chaired by the ,secretary and the ,,ntia ,administrator1 or their designees4 7,c7 ,composition ,the ,task ,force shall include at least-- 7i7 one representative from a ,state department of transportation2 7ii7 one representative from a local government2 7iii7 one representative from a ,tribal government2 7iv7 one representative from a broadband provider2 7v7 one representative from a ,state or local broadband provider2 7vi7 one representative from a labor union2 and 7vii7 one representative from a public interest organization4 7,d7 ,appointment deadline ,members shall be appointed to the ,task ,force not later than #fj days after the date of enactment of this ,act4 7,e7 ,effect of lack of appointment by appointment date ,if one or more appointments required under subparagraph 7,a7 is not made by the appointment date specified in subparagraph 7,d71 the authority to make such appointment or appointments shall expire and the number of members of the ,task ,force shall be reduced by the number equal to the number of appointments so expired4 7,f7 ,terms ,members shall be appointed for the life of the ,task ,force4 ,a vacancy in the ,task ,force shall not affect its powers and shall be filled in the same manner as the initial appointment was made4 7#e7 ,consultations ,in carrying out the duties required under this subsection1 the ,task ,force shall consult1 at a minimum-- 7,a7 the ,federal ,communications ,commission2 7,b7 agencies of ,states including-- 7i7 ,state departments of transportation2 and 7ii7 appropriate ,state agencies2 7,c7 agencies of local governments responsible for transportation and rights of way1 utilities1 and telecommunications and broadband2 7,d7 ,tribal governments2 7,e7 broadband providers and other telecommunications providers2 7,f7 labor unions2 and 7,g7 ,state or local broadband providers and ,tribal governments that act as broadband providers4 7#f7 ,additional provisions 7,a7 ,expenses for non-federal members ,non-,federal members of the ,task ,force shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,task ,force4 7,b7 ,staff ,staff of the ,task ,force shall comprise detailees with relevant expertise from the ,department of ,transportation and the ,national ,telecommunications and ,information ,administration1 or another ,federal agency the co-chairpersons consider appropriate1 with the consent of the head of the ,federal agency1 and such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7,c7 ,administrative assistance ,the ,secretary and ,,ntia ,administrator shall provide to the ,task ,force on a reimbursable basis administrative support and other services for the performance of the functions of the ,task ,force4 7#g7 ,termination ,the ,task ,force shall terminate not later than #ij days after issuance of the final report required under paragraph 7#c77;,b74 7e7 ,,gao study ,the ,comptroller ,general of the ,united ,states shall conduct a study on the deployment of broadband infrastructure to cities and counties with a population of not less than #b1ejj and not more than #ej1jjj4 #afjd4 ,stormwater best management practices 7a7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation and the ,administrator shall seek to enter into an agreement with the ,transportation ,research ,board of the ,national ,academy of ,sciences to under which the ,transportation ,research ,board shall conduct a study-- 7,a7 to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title #bc1 ,united ,states ,code1 to inform the development of appropriate total maximum daily load requirements2 7,b7 to provide recommendations 7including recommended revisions to existing laws and regulations7 regarding the evaluation and selection by ,state departments of transportation of potential stormwater management and total maximum daily load compliance strategies within a watershed1 including environmental restoration and pollution abatement carried out under section #cbh of title #bc1 ,united ,states ,code2 7,c7 to examine the potential for the ,secretary to assist ,state departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title #bc1 ,united ,states ,code1 through information-sharing agreements1 database assistance1 or an administrative platform to provide the information described in subparagraphs 7,a7 and 7,b7 to entities issued permits under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,d7 to examine the benefit of concentrating stormwater retrofits in impaired watersheds and selecting such retrofits according to a process that depends on a watershed management plan developed in accordance with section #cai of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbi74 7#b7 ,requirements ,in conducting the study under the agreement entered into pursuant to paragraph 7#a71 the ,transportation ,research ,board shall-- 7,a7 review and supplement1 as appropriate1 the methodologies examined and recommended in the #bjai report of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine titled ,approaches for ,determining and ,complying with ,,tmdl ,requirements ,related to ,roadway ,stormwater ,runoff2 7,b7 consult with-- 7i7 the ,secretary of ,transportation2 7ii7 the ,secretary of ,agriculture2 7iii7 the ,administrator2 7iv7 the ,secretary of the ,army1 acting through the ,chief of ,engineers2 and 7v7 ,state departments of ,transportation2 and 7,c7 solicit input from-- 7i7 stakeholders with experience in implementing stormwater management practices for projects2 and 7ii7 educational and technical stormwater management groups4 7#c7 ,report ,in carrying out the agreement entered into pursuant to paragraph 7#a71 not later than #ah months after the date of enactment of this ,act1 the ,transportation ,research ,board shall submit to the ,secretary of ,transportation1 the ,administrator1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate a report describing the results of the study4 7b7 ,stormwater best management practices reports 7#a7 ,reissuance ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall update and reissue the best management practices reports to reflect new information and advancements in stormwater management4 7#b7 ,updates ,not less frequently than once every #e years after the date on which the ,secretary reissues the best management practices reports under paragraph 7#a71 the ,secretary shall update and reissue the best management practices reports1 unless the contents of the best management practices reports have been incorporated 7including by reference7 into applicable regulations of the ,secretary4 7c7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,best management practices reports ,the term best management practices reports means-- 7,a7 the #bjad report sponsored by the ,department of ,transportation titled ,determining the ,state of the ,practice in ,data ,collection and ,performance ,measurement of ,stormwater ,best ,management ,practices 7,,fhwa-,,hep-#af-jba72 and 7,b7 the #bjjj report sponsored by the ,department of ,transportation titled ,stormwater ,best ,management ,practices in an ,ultra-,urban ,setting3 ,selection and ,monitoring4 7#c7 ,total maximum daily load ,the term total maximum daily load has the meaning given such term in section #acj4b of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 #afje4 ,pedestrian facilities in the public right-of-way 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,architectural and ,transportation ,barriers ,compliance ,board established under section #ejb7;a77#a7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib71 in consultation with the ,secretary of ,transportation1 shall establish accessibility guidelines setting forth minimum standards for pedestrian facilities in the public right-of-way4 7b7 ,content of guidance ,the guidelines described in subsection 7a7 shall be substantially similar to1 and carried out under the same statutory authority as-- 7#a7 the notice of proposed rulemaking published on ,july #bf1 #bjaa1 titled ,accessibility ,guidelines for ,pedestrian ,facilities in the ,public ,right-of-,way 7#gf ,fed4 ,reg4 #ddffd72 and 7#b7 the supplemental notice of proposed rulemaking published on ,february #ac1 #bjac1 titled ,accessibility ,guidelines for ,pedestrian ,facilities in the ,public ,right-of-,way2 ,shared ,use ,paths 7#gh ,fed4 ,reg4 #ajaaj74 7c7 ,adoption of regulations ,not later than #ahj days after the establishment of the guidelines pursuant to subsection 7a71 the ,secretary shall issue such regulations as are necessary to adopt such guidelines4 #afjf4 ,highway formula modernization report 7a7 ,highway formula modernization study 7#a7 ,in general ,the ,secretary of ,transportation1 in consultation with the ,state departments of transportation and representatives of local governments 7including metropolitan planning organizations71 shall conduct a highway formula modernization study to assess the method and data used to apportion ,federal-aid highway funds under subsections 7b7 and 7c7 of section #ajd of title #bc1 ,united ,states ,code1 and issue recommendations on such method and data4 7#b7 ,assessment ,the highway formula modernization study required under paragraph 7#a7 shall include an assessment of1 based on the latest available data1 whether the apportionment method under such section results in-- 7,a7 an equitable distribution of funds based on the estimated tax payments attributable to-- 7i7 highway users in the ,state that are paid into the ,highway ,trust ,fund2 and 7ii7 individuals in the ,state that are paid to the ,treasury1 based on contributions to the ,highway ,trust ,fund from the general fund of the ,treasury2 and 7,b7 the achievement of the goals described in section #aja7;b77#c7 of title #bc1 ,united ,states ,code4 7#c7 ,considerations ,in carrying out the assessment under paragraph 7#b71 the ,secretary shall consider the following3 7,a7 ,the factors described in sections #ajd7;b71 #ajd7;f77#b71 #ajd7;h77#b71 #acj7;f71 and #add7;e7 of title #bc1 ,united ,states ,code1 as in effect on the date of enactment of ,,safetea-,,lu 7,public ,law #aji-ei74 7,b7 ,the availability and accuracy of data necessary to calculate formula apportionments under the factors described in subparagraph 7,a74 7,c7 ,the measures established under section #aej of title #bc1 ,united ,states ,code1 and whether such measures are appropriate for consideration as formula apportionment factors4 7,d7 ,the results of the ,,cmaq formula modernization study required under subsection 7b74 7,e7 ,any other factors that the ,secretary determines are appropriate4 7#d7 ,recommendations ,the ,secretary shall1 in consultation with the ,state departments of transportation and representatives of local governments 7including metropolitan planning organizations71 develop recommendations on a new apportionment method1 including-- 7,a7 the factors recommended to be included in such apportionment method2 7,b7 the weighting recommended to be applied to the factors under subparagraph 7,a72 and 7,c7 any other recommendations to ensure that the apportionment method best achieves an equitable distribution of funds described under paragraph 7#b77;,a7 and the goals described in paragraph 7#b77;,b74 7b7 ,,cmaq formula modernization study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall conduct an ,,cmaq formula modernization study to assess whether the apportionment method under section #ajd7;b77#d7 of title #bc1 ,united ,states ,code1 results in a distribution of funds that best achieves the air quality goals of section #adi of such title4 7#b7 ,considerations ,in providing consultation under this subsection1 the ,administrator of the ,environmental ,protection ,agency shall provide to the ,secretary an analysis of-- 7,a7 factors that contribute to the apportionment1 including population1 types of pollutants1 and severity of pollutants1 as such factors were determined on the date prior to the date of enactment of ,,map-#ba2 7,b7 the weighting of the factors listed under subparagraph 7,a72 and 7,c7 the recency of the data used in making the apportionment under section #ajd7;b77#d7 of title #bc1 ,united ,states ,code4 7#c7 ,recommendations ,if1 in conducting the study under this subsection1 the ,secretary finds that modifying the apportionment method under section #ajd7;b77#d7 of title #bc1 ,united ,states ,code1 would best achieve the air quality goals of section #adi of title #bc1 ,united ,states ,code1 the ,secretary shall1 in consultation with the ,administrator1 include in such study recommendations for a new apportionment method1 including-- 7,a7 the factors recommended to be included in such apportionment method2 7,b7 the weighting recommended to be applied to the factors under subparagraph 7,a72 and 7,c7 any other recommendations to ensure that the apportionment method best achieves the air quality goals section #adi of such title4 7c7 ,report ,no later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report containing the results of the highway formula modernization study and the ,,cmaq formula modernization study4 #afjg4 ,consolidation of programs ,section #aeai of ,,map-#ba 7,public ,law #aab-ada7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbe2 and 7,b7 by striking #c1ejj1jjj and inserting #d1jjj1jjj2 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,federal share ,the ,federal share of the cost of a project or activity carried out under subsection 7a7 shall be #ajj percent4 4 #afjh4 ,student outreach report to ,congress 7a7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that describes the efforts of the ,department of ,transportation to encourage elementary1 secondary1 and post-secondary students to pursue careers in the surface transportation sector4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 a description of efforts to increase awareness of careers related to surface transportation among elementary1 secondary1 and post-secondary students2 7#b7 a description of efforts to prepare and inspire such students for surface transportation careers2 7#c7 a description of efforts to support the development of a diverse1 well-qualified workforce for future surface transportation needs2 and 7#d7 the effectiveness of the efforts described in paragraphs 7#a7 through 7#c74 #afji4 ,task force on developing a #bast century surface transportation workforce 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a task force on developing a #bast century surface transportation workforce 7in this section referred to as the ,task ,force74 7b7 ,duties ,not later than #ab months after the establishment of the ,task ,force under subsection 7a71 the ,task ,force shall develop and submit to the ,secretary recommendations and strategies for the ,department of ,transportation to-- 7#a7 evaluate the current and future state of the surface transportation workforce1 including projected job needs in the surface transportation sector2 7#b7 identify factors influencing individuals pursuing careers in surface transportation1 including barriers to attracting individuals into the workforce2 7#c7 address barriers to retaining individuals in surface transportation careers2 7#d7 identify and address potential impacts of emerging technologies on the surface transportation workforce2 7#e7 increase access for vulnerable or underrepresented populations1 especially women and minorities1 to high-skill1 in-demand surface transportation careers2 7#f7 facilitate and encourage elementary1 secondary1 and post-secondary students in the ,united ,states to pursue careers in the surface transportation sector2 and 7#g7 identify and develop pathways for students and individuals to secure pre-apprenticeships1 registered apprenticeships1 and other work-based learning opportunities in the surface transportation sector of the ,united ,states4 7c7 ,considerations ,in developing recommendations and strategies under subsection 7b71 the ,task ,force shall-- 7#a7 identify factors that influence whether young people pursue careers in surface transportation1 especially traditionally underrepresented populations1 including women and minorities2 7#b7 consider how the ,department1 businesses1 industry1 labor1 educators1 and other stakeholders can coordinate efforts to support qualified individuals in pursuing careers in the surface transportation sector2 7#c7 identify methods of enhancing surface transportation pre-apprenticeships and registered apprenticeships1 job skills training1 mentorship1 education1 and outreach programs that are exclusive to youth in the ,united ,states2 and 7#d7 identify potential sources of funding1 including grants and scholarships1 that may be used to support youth and other qualified individuals in pursuing careers in the surface transportation sector4 7d7 ,consultation ,in developing the recommendations and strategies required under subsection 7b71 the ,task ,force may consult with-- 7#a7 local educational agencies and institutes of higher education1 including community colleges and vocational schools2 and 7#b7 ,state workforce development boards4 7e7 ,report ,not later than #fj days after the submission of the recommendations and strategies under subsection 7b71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report containing such recommendations and strategies4 7f7 ,composition of task force ,the ,secretary shall appoint members to the ,task ,force whose diverse background and expertise allow such members to contribute balanced points of view and ideas in carrying out this section1 comprised of equal representation from each of the following3 7#a7 ,industries in the surface transportation sector4 7#b7 ,surface transportation sector labor organizations4 7#c7 ,such other surface transportation stakeholders and experts as the ,secretary considers appropriate4 7g7 ,period of appointment ,members shall be appointed to the ,task ,force for the duration of the existence of the ,task ,force4 7h7 ,compensation ,task ,force members shall serve without compensation4 7i7 ,sunset ,the ,task ,force shall terminate upon the submission of the report required under subsection 7e74 7j7 ,definitions ,in this section3 7#a7 ,pre-,apprenticeship ,the term pre-apprenticeship means a training model or program that prepares individuals for acceptance into a registered apprenticeship and has a demonstrated partnership with one or more registered apprenticeships4 7#b7 ,registered apprenticeship ,the term registered apprenticeship means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7#bi ,u4,s4,c4 #ej et seq42 commonly known as the ,national ,apprenticeship ,act71 that satisfies the requirements of parts #bi and #cj of title #bi1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjbj74 #afaj4 ,on-the-job training and supportive services ,section #adj7;b7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7b7 ,workforce training and development 7#a7 ,in general ,the ,secretary1 in cooperation with the ,secretary of ,labor and any other department or agency of the ,government1 ,state agency1 authority1 association1 institution1 ,indian ,tribal government1 corporation 7profit or nonprofit71 or any other organization or person1 is authorized to develop1 conduct1 and administer surface transportation and technology training1 including skill improvement programs1 and to develop and fund summer transportation institutes4 7#b7 ,state responsibilities ,a ,state department of transportation participating in the program under this subsection shall-- 7,a7 develop an annual workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities and a detailed plan to fill such gaps and address such underrepresentation2 7,b7 establish an annual workforce development compact with the ,state workforce development board and appropriate agencies to provide a coordinated approach to workforce training1 job placement1 and identification of training and skill development program needs1 which shall be coordinated to the extent practical with an institution or agency1 such as a ,state workforce development board under section #aja of the ,workforce ,innovation and ,opportunities ,act 7#bi ,u4,s4,c4 #caaa71 that has established skills training1 recruitment1 and placement resources2 and 7,c7 demonstrate program outcomes1 including-- 7i7 impact on areas with transportation workforce shortages2 7ii7 diversity of training participants2 7iii7 number and percentage of participants obtaining certifications or credentials required for specific types of employment2 7iv7 employment outcome1 including job placement and job retention rates and earnings1 using performance metrics established in consultation with the ,secretary of ,labor and consistent with metrics used by programs under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 and 7v7 to the extent practical1 evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to1 or hired on1 projects funded under this chapter4 7#c7 ,funding ,from administrative funds made available under section #ajd7;a71 the ,secretary shall deduct such sums as necessary1 not to exceed #aj1jjj1jjj in each fiscal year1 for the administration of this subsection4 ,such sums shall remain available until expended4 7#d7 ,nonapplicability of title #da ,subsections 7b7 through 7d7 of section #faja of title #da shall not apply to contracts and agreements made under the authority granted to the ,secretary under this subsection4 7#e7 ,use of surface transportation program and national highway performance program funds ,notwithstanding any other provision of law1 not to exceed of #a percent of funds apportioned to a ,state under paragraph 7#a7 or 7#b7 of section #ajd7;b7 may be available to carry out this subsection upon request of the ,state transportation department to the ,secretary4 4 #afaa4 ,appalachian development highway system funding flexibility 7a7 ,in general ,any funds made available to a ,state for the ,appalachian development highway system program under subtitle ,,iv of title #dj1 ,united ,states ,code1 before the date of enactment of this ,act may be used1 at the request of such ,state to the ,secretary of ,transportation1 for the purposes described in section #acc7;b7 of title #bc1 ,united ,states ,code4 7b7 ,limitation ,the authority in subsection 7a7 may only be used by an ,appalachian development highway system ,state if all of the ,appalachian development highway system corridors authorized by subtitle ,,iv of title #dj1 ,united ,states ,code1 in such ,state1 have been fully completed and are open to traffic prior to the ,state making a request to the ,secretary as described in subsection 7a74 #afab4 ,transportation education development program ,section #ejd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#a7 by inserting and 7#h7 through 7#i7 after paragraphs 7#a7 through 7#d72 and 7#b7 in subsection 7f7 by adding at the end the following3 7#d7 ,reports ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate an annual report that includes-- 7,a7 a list of all grant recipients under this subsection2 7,b7 an explanation of why each recipient was chosen in accordance with the criteria under paragraph 7#b72 7,c7 a summary of each recipient's objective to carry out the purpose described in paragraph 7#a7 and an analysis of progress made toward achieving each such objective2 7,d7 an accounting for the use of ,federal funds obligated or expended in carrying out this subsection2 and 7,e7 an analysis of outcomes of the program under this subsection4 4 #afac4 ,working group on construction resources 7a7 ,establishment ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a working group 7in this section referred to as the ,working ,group7 to conduct a study on access to covered resources for infrastructure projects4 7b7 ,membership 7#a7 ,appointment ,the ,secretary shall appoint to the ,working ,group individuals with knowledge and expertise in the production and transportation of covered resources4 7#b7 ,representation ,the ,working ,group shall include at least one representative of each of the following3 7,a7 ,state departments of transportation4 7,b7 ,state agencies associated with covered resources protection4 7,c7 ,state planning and geologic survey and mapping agencies4 7,d7 ,commercial motor vehicle operators1 including small business operators and operators who transport covered resources4 7,e7 ,covered resources producers4 7,f7 ,construction contractors4 7,g7 ,labor organizations4 7,h7 ,metropolitan planning organizations and regional planning organizations4 7,i7 ,indian ,tribes1 including ,tribal elected leadership or ,tribal transportation officials4 7,j7 ,any other stakeholders that the ,secretary determines appropriate4 7#c7 ,termination ,the ,working ,group shall terminate #f months after the date on which the ,secretary receives the report under subsection 7e77#a74 7c7 ,duties ,in carrying out the study required under subsection 7a71 the ,working ,group shall analyze-- 7#a7 the use of covered resources in transportation projects funded with ,federal dollars2 7#b7 how the proximity of covered resources to such projects affects the cost and environmental impact of such projects2 7#c7 whether and how ,state1 ,tribal1 and local transportation and planning agencies consider covered resources when developing transportation projects2 and 7#d7 any challenges for transportation project sponsors regarding access and proximity to covered resources4 7d7 ,consultation ,in carrying out the study required under subsection 7a71 the ,working ,group shall consult with1 as appropriate-- 7#a7 chief executive officers of ,states2 7#b7 ,state1 ,tribal1 and local transportation and planning agencies2 7#c7 other relevant ,state1 ,tribal1 and local agencies1 including ,state agencies associated with covered resources protection2 7#d7 members of the public with industry experience with respect to covered resources2 7#e7 other ,federal entities that provide funding for transportation projects2 and 7#f7 any other stakeholder the ,working ,group determines appropriate4 7e7 ,reports 7#a7 ,working group report ,not later than #b years after the date on which the ,working ,group is established1 the ,working ,group shall submit to the ,secretary a report that includes-- 7,a7 the findings of the study required under subsection 7a71 including a summary of comments received during the consultation process under subsection 7d72 and 7,b7 any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects4 7#b7 ,departmental report ,not later than #c months after the date on which the ,secretary receives the report under paragraph 7#a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a summary of the findings under such report and any recommendations1 as appropriate4 7f7 ,definitions ,in this section3 7#a7 ,covered resources ,the term covered resources means common variety materials used in transportation infrastructure construction and maintenance1 including stone1 sand1 and gravel4 7#b7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and each territory or possession of the ,united ,states4 #afad4 ,numbering system of highway interchanges 7a7 ,in general ,notwithstanding section #cae of title #bc1 ,united ,states ,code1 and section #a4cf of title #bc1 ,code of ,federal ,regulations1 the ,secretary of ,transportation may not impose a penalty on a ,state that does not comply with section #b;,e4#ca of the ,manual on ,uniform ,traffic ,control ,devices 7or a successor section7 with respect to the numbering of highway interchanges4 7b7 ,applicability ,subsection 7a7 shall only apply to a method of numbering of a highway interchange in effect on the date of enactment of this ,act4 #afae4 ,toll credits 7a7 ,purposes ,the ,secretary of ,transportation shall-- 7#a7 identify the extent of the demand to purchase toll credits2 7#b7 identify the expected cash price of toll credits2 7#c7 analyze the impact of the exchange of toll credits on transportation expenditures2 and 7#d7 identify any other repercussions of establishing a toll credit exchange4 7b7 ,solicitation ,to carry out the requirements of this section1 the ,secretary shall solicit information from ,states eligible to use a credit under section #abj7;i7 of title #bc1 ,united ,states ,code1 including-- 7#a7 the amount of unused toll credits1 including-- 7,a7 toll revenue generated and the sources of that revenue2 7,b7 toll revenue used by public1 quasi-public1 and private agencies to build1 improve1 or maintain highways1 bridges1 or tunnels that serve the public purpose of interstate commerce2 and 7,c7 an accounting of any ,federal funds used by the public1 quasi-public1 or private agency to build1 improve1 or maintain the toll facility1 to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building1 improving1 or maintaining the facility that was derived from ,federal funds2 7#b7 the documentation of maintenance of effort for toll credits earned by the ,state2 and 7#c7 the accuracy of the accounting system of the ,state to earn and track toll credits4 7c7 ,website ,the ,secretary shall make available a publicly accessible website on which a ,state eligible to use a credit under section #abj7;i7 of title #bc1 ,united ,states ,code shall publish the information described under subsection 7b77#a74 7d7 ,evaluation and recommendations to congress ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate1 and make publicly available on the website of the ,department of ,transportation-- 7#a7 an evaluation of the accuracy of the accounting and documentation of toll credits earned under section #abj7;i72 7#b7 a determination whether a toll credit marketplace is viable and cost effective2 7#c7 estimates1 to the extent possible1 of the average sale price of toll credits2 and 7#d7 recommendations on any modifications necessary1 including legislative changes1 to establish and implement a toll credit exchange program4 7e7 ,definition ,in this section1 the term ,state has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 #afaf4 ,transportation construction materials procurement 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall initiate a review of the procurement processes used by ,state departments of transportation to select construction materials on projects utilizing ,federal-aid highway funds4 7b7 ,contents ,the review under subsection 7a7 shall include-- 7#a7 a review of competitive practices in the bidding process for transportation construction materials2 7#b7 a list of ,states that currently issue bids that include flexibility in the type of construction materials used to meet the project specifications2 7#c7 any information provided by ,states on considerations that influence the decision to include competition by type of material in transportation construction projects2 7#d7 any data on whether issuing bids that include flexibility in the type of construction materials used to meet the project specifications will affect project costs over the lifecycle of an asset2 7#e7 any data on the degree to which competition leads to greater use of sustainable1 innovative1 or resilient materials2 and 7#f7 an evaluation of any barriers to more widespread use of competitive bidding processes for transportation construction materials4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate1 and make publicly available1 a report on the review initiated by the ,secretary pursuant to this section4 #afag4 ,construction of certain access and development roads ,section #aah7;d7 of title #bc1 ,united ,states ,code1 is amended by striking and the ,commonwealth of ,puerto ,rico and inserting 1 the ,commonwealth of ,puerto ,rico1 and any other territory of the ,united ,states4 #afah4 ,nationwide road safety assessment 7a7 ,in general ,the ,secretary of ,transportation shall1 every #b years1 conduct nationwide1 on-the-ground road safety assessments focused on pedestrian and bicycle safety in each ,state4 7b7 ,requirements ,the assessments required under subsection 7a7 shall be conducted-- 7#a7 by ,department of ,transportation field offices from the ,federal ,highway ,administration1 the ,national ,highway ,transportation ,safety ,administration1 the ,federal ,transit ,administration1 and the ,federal ,motor ,carrier ,safety ,administration2 and 7#b7 in consultation with-- 7,a7 ,state and local agencies with jurisdiction over pedestrian and bicycle safety2 7,b7 pedestrian safety and bicycle safety advocacy organizations2 and 7,c7 other relevant pedestrian and bicycle safety stakeholders4 7c7 ,purposes ,the purpose of the assessments under this section is to-- 7#a7 identify and examine specific locations with documented or perceived problems with pedestrian and bicycle safety and access2 7#b7 examine barriers to providing safe pedestrian and bicycle access to transportation infrastructure2 and 7#c7 develop and issue recommendations designed to effectively address specific safety and access issues and enhance pedestrian and bicycle safety in high risk areas4 7d7 ,report on ,state assessments ,upon completion of the assessment of a ,state1 the ,secretary shall issue1 and make available to the public1 a report containing the assessment that includes-- 7#a7 a list of locations that have been assessed as presenting a danger to pedestrians or bicyclists2 and 7#b7 recommendations to enhance pedestrian and bicycle safety in those locations4 7e7 ,report on nationwide program ,upon completion of the biannual assessment nationwide required under this section1 the ,secretary shall issue1 and make available to the public1 that covers assessments for all jurisdictions and also present it to the congressional transportation committees4 7f7 ,national pedestrian and bicycle safety database ,the ,secretary1 in order to enhance pedestrian and bicycle safety and improve information sharing on pedestrian and bicycle safety challenges between the ,federal ,government and ,state and local governments1 shall maintain a national pedestrian and bicycle safety database that includes-- 7#a7 a list of high-risk intersections1 roads1 and highways with a documented history of pedestrian or bicycle accidents or fatalities and details regarding those incidents2 and 7#b7 information on corrective measures that have been implemented at the ,state1 local1 or ,federal level to enhance pedestrian and bicyclist safety at those high risk areas1 including details on the nature and date of corrective action4 7g7 ,state defined ,in this section1 the term ,state means each of the ,states1 the ,district of ,columbia1 and ,puerto ,rico4 #afai4 ,wildlife crossings 7a7 ,in general 7#a7 ,obligation requirement ,for each of fiscal years #bjbb through #bjbe1 of the amounts apportioned to a ,state under paragraph 7#a7 of section #ajd7;b7 of title #bc1 ,united ,states ,code1 each ,state shall obligate amounts distributed to such ,state under subsection 7b7 for projects and strategies that reduce vehicle-caused wildlife mortality related to1 or to restore and maintain connectivity among terrestrial or aquatic habitats affected by1 a transportation facility otherwise eligible for assistance under section #aai of title #bc1 ,united ,states ,code4 7#b7 ,total amount ,the total amount to be obligated by all ,states under paragraph 7#a7 shall equal #ge1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7b7 ,distribution ,each ,state's share of the amount described under subsection 7a77#b7 shall be determined by multiplying the amount described under such subsection by the ratio that-- 7#a7 the amount apportioned in the previous fiscal year to the ,state under section #ajd of title #bc1 ,united ,states ,code2 bears to 7#b7 the total amount of funds apportioned to all ,states in the previous fiscal year4 7c7 ,state flexibility 7#a7 ,in general ,a ,state may opt out of the obligation requirement described under this section if the ,governor of the ,state notifies the ,secretary that the ,state has inadequate needs to justify the expenditure not later than #cj days prior to apportionments being made for any fiscal year4 7#b7 ,use of funds ,a ,state that exercises the authority under paragraph 7#a7 may use the funds described under this section for any purpose described under section #aai of title #bc1 ,united ,states ,code4 #afbj4 ,climate resilient transportation infrastructure study 7a7 ,climate resilient transportation infrastructure study ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall enter into an agreement with the ,transportation ,research ,board of the ,national ,academies to conduct a study of the actions needed to ensure that ,federal agencies are taking into account current and future climate conditions in planning1 designing1 building1 operating1 maintaining1 investing in1 and upgrading any federally funded transportation infrastructure investments4 7b7 ,methodologies ,in conducting the study1 the ,transportation ,research ,board shall build on the methodologies examined and recommended in-- 7#a7 the #bjah report issued the ,american ,society of ,civil ,engineers1 titled ,climate-,resilient ,infrastructure3 ,adaptive ,design and ,risk ,management2 and 7#b7 the report issued by the ,california ,climate-,safe ,infrastructure ,working ,group1 titled ,paying it ,forward3 ,the ,path ,toward ,climate-,safe ,infrastructure in ,california4 7c7 ,contents of study ,the study shall include specific recommendations regarding the following3 7#a7 ,integrating scientific knowledge of projected climate change impacts1 and other relevant data and information1 into ,federal infrastructure planning1 design1 engineering1 construction1 operation and maintenance4 7#b7 ,addressing critical information gaps and challenges4 7#c7 ,financing options to help fund climate-resilient infrastructure4 7#d7 ,a platform or process to facilitate communication between climate scientists and other experts with infrastructure planners1 engineers and other relevant experts4 7#e7 ,a stakeholder process to engage with representatives of ,state1 local1 tribal and community groups4 7#f7 ,a platform for tracking ,federal funding of climate-resilient infrastructure4 7#g7 ,labor and workforce needs to implement climate-resilient transportation infrastructure projects including new and emerging skills1 training programs1 competencies and recognized postsecondary credentials that may be required to adequately equip the workforce4 7#h7 ,outlining how ,federal infrastructure planning1 design1 engineering1 construction1 operation1 and maintenance impact the environment and public health of disproportionately exposed communities4 ,for purposes of this paragraph1 the term disproportionately exposed communities means a community in which climate change1 pollution1 or environmental destruction have exacerbated systemic racial1 regional1 social1 environmental1 and economic injustices by disproportionately affecting indigenous peoples1 communities of color1 migrant communities1 deindustrialized communities1 depopulated rural communities1 the poor1 low-income workers1 women1 the elderly1 people experiencing homelessness1 people with disabilities1 people who are incarcerated1 or youth4 7d7 ,considerations ,in carrying out the study1 the ,transportation ,research ,board shall determine the need for information related to climate resilient transportation infrastructure by considering-- 7#a7 the current informational and institutional barriers to integrating projected infrastructure risks posed by climate change into federal infrastructure planning1 design1 engineering1 construction1 operation and maintenance2 7#b7 the critical information needed by engineers1 planners and those charged with infrastructure upgrades and maintenance to better incorporate climate change risks and impacts over the lifetime of projects2 7#c7 how to select an appropriate1 adaptive engineering design for a range of future climate scenarios as related to infrastructure planning and investment2 7#d7 how to incentivize and incorporate systems thinking into engineering design to maximize the benefits of multiple natural functions and emissions reduction1 as well as regional planning2 7#e7 how to take account of the risks of cascading infrastructure failures and develop more holistic approaches to evaluating and mitigating climate risks2 7#f7 how to ensure that investments in infrastructure resilience benefit all communities1 including communities of color1 low-income communities and tribal communities that face a disproportionate risk from climate change and in many cases have experienced long-standing unmet needs and underinvestment in critical infrastructure2 7#g7 how to incorporate capital assessment and planning training and techniques1 including a range of financing options to help local and ,state governments plan for and provide matching funds2 7#h7 how federal agencies can track and monitor federally funded resilient infrastructure in a coordinated fashion to help build the understanding of the cost-benefit of resilient infrastructure and to build the capacity for implementing resilient infrastructure2 and 7#i7 the occupations1 skillsets1 training programs1 competencies and recognized postsecondary credentials that will be needed to implement such climate-resilient transportation infrastructure projects1 and how to ensure that any new jobs created by such projects ensure that priority hiring considerations are given to individuals facing barriers to employment1 communities of color1 low-income communities and tribal communities that face a disproportionate risk from climate change and have been excluded from job opportunities4 7e7 ,consultation ,in carrying out the study1 the ,transportation ,research ,board-- 7#a7 shall convene and consult with a panel of national experts1 including operators and users of ,federal transportation infrastructure and private sector stakeholders2 and 7#b7 is encouraged to consult with-- 7,a7 representatives from the thirteen federal agencies that comprise the ,united ,states ,global ,change ,research ,program2 7,b7 representatives from the ,department of the ,treasury2 7,c7 professional engineers with relevant expertise in infrastructure design2 7,d7 scientists from the ,national ,academies with relevant expertise2 7,e7 scientists1 social scientists and experts from academic and research institutions who have expertise in climate change projections and impacts2 engineering2 architecture2 or other relevant areas of expertise2 7,f7 licensed architects with relevant experience in infrastructure design2 7,g7 certified planners2 7,h7 representatives of ,state1 local and ,tribal governments2 7,i7 representatives of environmental justice groups2 and 7,j7 representatives of labor unions that represent key trades and industries involved in infrastructure projects4 7f7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,transportation ,research ,board shall submit to the ,secretary1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate a report on the results of the study conducted under this section4 #afba4 ,elimination of duplication of environmental reviews and approvals ,the ,secretary of ,transportation shall issue a final rule implementing the program under section #ccj of title #bc1 ,united ,states ,code4 #afbb4 ,,amber ,alerts along major transportation routes 7a7 ,in general ,section #cjc of the ,,protect ,act 7#cd ,u4,s4,c4 #bjejc7 is amended-- 7#a7 in the section heading1 by inserting and major transportation routes after along highways2 7#b7 in subsection 7a7-- 7,a7 by inserting 7referred to in this section as the ,secretary7 after ,secretary of ,transportation2 and 7,b7 by inserting and at airports1 maritime ports1 border crossing areas and checkpoints1 and ports of exit from the ,united ,states after along highways2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking other motorist information systems to notify motorists and inserting other information systems to notify motorists1 aircraft passengers1 ship passengers1 and travelers2 and 7ii7 by inserting 1 aircraft passengers1 ship passengers1 and travelers after necessary to notify motorists2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking other motorist information systems to notify motorists and inserting other information systems to notify motorists1 aircraft passengers1 ship passengers1 and travelers2 7ii7 in subparagraph 7,d71 by inserting 1 aircraft passengers1 ship passengers1 and travelers after support the notification of motorists2 7iii7 in subparagraph 7,e71 by inserting 1 aircraft passengers1 ship passengers1 and travelers after motorists1 each place it appears2 7iv7 in subparagraph 7,f71 by inserting 1 aircraft passengers1 ship passengers1 and travelers after motorists2 and 7v7 in subparagraph 7,g71 by inserting 1 aircraft passengers1 ship passengers1 and travelers after motorists2 7#d7 in subsection 7c71 by striking other motorist information systems to notify motorists1 each place it appears1 and inserting other information systems to notify motorists1 aircraft passengers1 ship passengers1 and travelers2 7#e7 by amending subsection 7d7 to read as follows3 7d7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of any activities funded by a grant under this section may not exceed #hj percent4 7#b7 ,waiver ,if the ,secretary determines that ,american ,samoa1 ,guam1 the ,northern ,mariana ,islands1 ,puerto ,rico1 or the ,virgin ,islands of the ,united ,states is unable to comply with the requirement under paragraph 7#a71 the ,secretary shall waive such requirement4 2 7#f7 in subsection 7g7-- 7,a7 by striking ,in this section and inserting ,in this subtitle2 and 7,b7 by striking or ,puerto ,rico and inserting ,american ,samoa1 ,guam1 ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,virgin ,islands of the ,united ,states1 and any other territory of the ,united ,states4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,,protect ,act 7,public ,law #ajh-ba7 is amended by striking the item relating to section #cjc and inserting the following3 ,sec4 #cjc4 ,grant program for notification and communications systems along highways and major transportation routes for recovery of abducted children4 4 #afbc4 ,natural gas1 electric battery1 and zero emission vehicles ,subsection 7s7 of section #abg of title #bc1 ,united ,states ,code is amended to read as follows3 7s7 ,natural gas1 electric battery1 and zero emission vehicles ,a vehicle1 if operated by an engine fueled primarily by natural gas1 powered primarily by means of electric battery power1 or fueled primarily by means of other zero emission fuel technologies1 may exceed the weight limit on the power unit by up to #b1jjj pounds 7up to a maximum gross vehicle weight of #hb1jjj pounds7 under this section4 4 #afbd4 ,guidance on evacuation routes 7a7 ,in general 7#a7 ,guidance ,the ,administrator of the ,federal ,highway ,administration1 in coordination with the ,administrator of the ,federal ,emergency ,management ,agency1 and consistent with guidance issued by the ,federal ,emergency ,management ,agency pursuant to section #abji of the ,disaster ,recovery ,reform ,act of #bjah 7,public ,law #aae-bed71 shall revise existing guidance or issue new guidance as appropriate for ,state1 local1 and ,indian ,tribal governments regarding the design1 construction1 maintenance1 and repair of evacuation routes4 7#b7 ,considerations ,in revising or issuing guidance under subsection 7a77#a71 the ,administrator of the ,federal ,highway ,administration shall consider-- 7,a7 methods that assist evacuation routes to-- 7i7 withstand likely risks to viability1 including flammability and hydrostatic forces2 7ii7 improve durability1 strength 7including the ability to withstand tensile stresses and compressive stresses71 and sustainability2 and 7iii7 provide for long-term cost savings2 7,b7 the ability of evacuation routes to effectively manage contraflow operations2 7,c7 for evacuation routes on public lands1 the viewpoints of the applicable ,federal land management agency regarding emergency operations1 sustainability1 and resource protection2 and 7,d7 such other items the ,administrator of the ,federal ,highway ,administration considers appropriate4 7#c7 ,report ,in the case in which the ,administrator of the ,federal ,highway ,administration1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 concludes existing guidance addresses the considerations in paragraph 7#b71 ,the ,administrator of the ,federal ,highway ,administration shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a detailed report describing how existing guidance addresses such considerations4 7b7 ,study ,the ,administrator of the ,federal ,highway ,administration1 in coordination with the ,administrator of the ,federal ,emergency ,management ,agency and ,state1 local1 territorial1 and ,indian ,tribal governments1 shall-- 7#a7 conduct a study of the adequacy of available evacuation routes to accommodate the flow of evacuees2 and 7#b7 submit recommendations to ,congress on how to help with anticipated evacuation route flow1 based on the study conducted under paragraph 7#a74 #afbe4 ,high priority corridors on ,national ,highway ,system ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended by adding at the end the following3 7#ib7 ,the ,louisiana ,capital ,region ,high ,priority ,corridor1 which shall generally follow-- 7,a7 ,interstate #aj1 between its intersections with ,interstate #ab and ,louisiana ,highway #dae2 7,b7 ,louisiana ,highway #dae1 between its intersections with ,interstate #aj and ,united ,states route #aij2 7,c7 ,united ,states route #aij1 between its intersections with ,louisiana ,highway #dae and intersection with ,interstate #aaj2 7,d7 ,interstate #aaj1 between its intersections with ,united ,states route #aij and ,interstate #aj2 7,e7 ,louisiana ,highway #cj1 near ,st4 ,gabriel1 ,,la and its intersections with ,interstate #aj2 7,f7 ,louisiana ,highway #a1 near ,white ,castle1 ,,la and its intersection with ,interstate #aj2 and 7,g7 ,a bridge connecting ,louisiana ,highway #a with ,louisiana ,highway #cj1 south of the ,interstate described in subparagraph 7,a74 4 #afbf4 ,guidance on inundated and submerged roads ,upon issuance of guidance issued pursuant to section #abbh of the ,disaster ,recovery ,reform ,act of #bjah 7,public ,law #aae-bed71 the ,administrator of the ,federal ,highway ,administration1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 shall review such guidance and issue guidance regarding repair1 restoration1 and replacement of inundated and submerged roads damaged or destroyed by a major disaster declared pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 with respect to roads eligible for assistance under ,federal ,highway ,administration programs4 #afbg4 ,use of revenues 7a7 ,written assurances on use of revenue ,section #dgajg7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in each of paragraphs 7#a7 and 7#b7 by striking local taxes and inserting local excise taxes2 7#b7 in paragraph 7#c7 by striking ,state tax and inserting ,state excise tax2 and 7#c7 by adding at the end the following3 7#d7 ,this subsection does not apply to ,state or local general sales taxes nor to ,state or local generally applicable sales taxes4 4 7b7 ,restriction on use of revenues ,section #dgacc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 in the matter preceding paragraph 7#a7 by striking ,local taxes and inserting ,local excise taxes2 7#b7 in subsection 7b77#a7 by striking local taxes and inserting local excise taxes2 7#c7 in subsection 7c7 by striking ,state tax and inserting ,state excise tax2 and 7#d7 by adding at the end the following3 7d7 ,limitation on applicability ,this subsection does not apply to-- 7#a7 ,state or local general sales taxes2 or 7#b7 ,state or local generally applicable sales taxes4 4 #afbh4 ,dry bulk weight tolerance ,section #abg of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7v7 ,dry bulk weight tolerance 7#a7 ,definition of dry bulk goods ,in this subsection1 the term dry bulk goods means any homogeneous unmarked nonliquid cargo being transported in a trailer specifically designed for that purpose4 7#b7 ,weight tolerance ,notwithstanding any other provision of this section1 except for the maximum gross vehicle weight limitation1 a commercial motor vehicle transporting dry bulk goods may not exceed #aaj percent of the maximum weight on any axle or axle group described in subsection 7a71 including any enforcement tolerance4 4 #afbi4 ,highway use tax evasion projects ,section #adc7;b77#b77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking #bjaf through #bjbj and inserting #bjbb through #bjbe4 #afcj4 ,the ,united ,states opposes child labor ,it is the policy of the ,united ,states that funds authorized or made available by this ,act1 or the amendments made by this ,act1 should not be used to purchase products produced whole or in part through the use of child labor1 as such term is defined in ,article #c of the ,international ,labor ,organization ,convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor 7,december #b1 #bjjj71 or in violation of human rights4 #afca4 ,report on ,,covid-related funding for aviation sector ,not later than #de days after the date of enactment of this ,act1 the ,secretary of ,transportation shall direct the ,administrator of the ,federal ,aviation ,administration to issue a report within #fj days to the ,house and ,senate ,committees of jurisdiction on specific sectors of the airport system of infrastructure that have yet to receive any ,,covid-related funding1 and provide a plan for prioritizing these unfunded areas for the next round of funding4 #afcb4 ,climate resiliency report by ,,gao 7a7 ,in general ,not later than #a year after the date of enactment of this ,act and every #e years thereafter1 the ,comptroller ,general shall evaluate and issue a report to ,congress on the economic benefits1 including avoided impacts on property and life1 of the use of model1 consensus-based building codes1 standards1 and provisions that support resilience to climate risks and impacts1 including-- 7#a7 flooding2 7#b7 wildfires2 7#c7 hurricanes2 7#d7 heat waves2 7#e7 droughts2 7#f7 rises in sea level2 and 7#g7 extreme weather4 7b7 ,report issues ,the report required under subsection 7a7 shall include the following3 7#a7 ,assesses the status of adoption of building codes1 standards1 and provisions within the ,states1 territories1 and tribes at the ,state or jurisdictional level2 including whether the adopted codes meet or exceed the most recent published edition of a national1 consensus-based model code4 7#b7 ,analysis of the extent to which pre-disaster mitigation measures provide benefits to the nation and individual ,states1 territories and tribes1 including-- 7,a7 an economic analysis of the benefits to the design and construction of new resilient infrastructure2 7,b7 losses avoided1 including economic losses1 number of structures 7buildings1 roads1 bridges71 and injuries and deaths by utilizing building codes and standards that prioritize resiliency2 and 7,c7 an economic analysis of the benefits to using hazard resistant building codes in rebuilding and repairing infrastructure following a disaster4 7#c7 ,an assessment of the building codes and standards referenced or otherwise currently incorporated into ,federal policies and programs1 including but not limited to grants1 incentive programs1 technical assistance and design and construction criteria1 administered by the ,federal ,emergency ,management ,agency 7,,fema71 and-- 7,a7 the extent to which such codes and standards contribute to increasing climate resiliency2 7,b7 ,recommendations for how ,,fema could improve their use of codes and standards to prepare for climate change and address resiliency in housing1 public buildings1 and infrastructure such as roads and bridges2 and 7,c7 how ,,fema could increase efforts to support the adoption of hazard resistant codes by the ,states1 territories1 and tribes4 7#d7 ,recommendations for ,,fema on how to better incorporate climate resiliency into efforts to rebuild after natural disasters4 #afcc4 ,aviation industry assistance for cleaner and quieter skies voucher program 7a7 ,establishment ,the ,secretary shall establish and carry out a program1 to be known as the ,aviation ,industry ,assistance for ,cleaner and ,quieter ,skies ,voucher ,program1 under which the ,secretary shall issue electronic vouchers to air carriers1 subject to the specifications set forth in subsection 7d71 to offset the purchase or cost of a lease of eligible new aircraft in exchange for commitments from such air carriers to decommission certain currently used aircraft and sell such aircraft for recycling of parts or disposal4 7b7 ,application ,to be eligible for the program established under subsection 7a71 an air carrier shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of a currently used aircraft of the air carrier4 7c7 ,program requirements 7#a7 ,list of eligible aircraft ,in carrying out the program established under subsection 7a71 the ,secretary1 in consultation with the ,administrator1 shall prepare1 maintain1 publicize1 and make available through a publicly available website1 lists of-- 7,a7 applicable currently used aircraft2 7,b7 eligible aircraft for purchase or lease2 and 7,c7 registered aircraft recycling firms eligible to purchase currently used aircraft under this section4 7#b7 ,commitment requirement ,in carrying out the program established under subsection 7a71 the ,secretary shall issue such regulations as are necessary to establish requirements for an air carrier to purchase or lease an eligible aircraft described in subsection 7a71 including a timing requirement for the purchase of such1 and decommissioning and selling of applicable currently used aircraft of the air carrier for recycling of parts or disposal1 except as provided in subsection 7f77#b74 7d7 ,value of vouchers ,the ,secretary may determine the value of each voucher1 not to exceed #aj1jjj1jjj1 based on the difference in emissions between the currently used aircraft being decommissioned and sold and the eligible aircraft being purchased or leased4 ,in determining the value of each voucher1 the ,secretary shall also consider if such eligible aircraft also include noise reduction1 including whether such aircraft meet ,stage #e standards4 ,in addition1 the ,secretary shall consider seat capacity and typical stage length of both the currently used aircraft being decommissioned and sold and the eligible aircraft being purchased or leased in determining the value of the voucher4 7e7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to carry out this section1 including a requirement that a voucher may be used only to pay a new aircraft order1 not an order placed 7even if not not filled7 before the date of enactment of this ,act4 7f7 ,registration 7#a7 ,in general ,the ,secretary shall register aircraft recycling firms eligible to purchase currently used aircraft under this section and establish requirements and procedures for the recycling of parts or disposal of such aircraft to ensure that such aircraft are taken out of service and not used to develop other aircraft with higher greenhouse gas emissions4 7#b7 ,exception ,notwithstanding paragraph 7#a71 in the case of an emergency declared by the ,secretary or a national emergency declared by the ,president1 the ,secretary may temporarily waive the provisions of such paragraph that prevent the use of aircraft taken out of service pursuant to this section for the purposes of responding to such emergency or national emergency4 7g7 ,authorization of appropriations ,there is authorized to carry out the program established under this section #a1jjj1jjj1jjj and such sums shall remain available until expended4 7h7 ,definitions ,in this section the following definitions apply3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,air carrier ,the term air carrier has the meaning given such term in section #djajb of title #di1 ,united ,states ,code4 7#c7 ,currently used aircraft ,the term currently used aircraft means-- 7,a7 aircraft in the bottom #be percent of the air carrier's aircraft fleet in terms of fuel efficiency per seat2 and 7,b7 aircraft that have been in service for at least #a1ejj hours in the previous calendar year4 7#d7 ,eligible aircraft ,the term eligible aircraft means aircraft that must be new and considered by the ,secretary highly fuel-efficient with some consideration given to their noise impact4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #afcd4 ,airborne ultrafine particle study 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,federal ,aviation ,administration1 jointly with the ,administrator of the ,environmental ,protection ,agency1 shall enter into an agreement with an eligible institution of higher education to conduct a study examining airborne ultrafine particles and their effect on human health4 7b7 ,scope of study ,the study conducted under subsection 7a7 shall-- 7#a7 summarize the relevant literature and studies done on airborne ultrafine particles worldwide2 7#b7 focus on large hub commercial airports in-- 7,a7 ,seattle2 7,b7 ,boston2 7,c7 ,chicago2 7,d7 ,new ,york2 7,e7 the ,northern ,california ,metroplex2 7,f7 ,phoenix2 7,g7 the ,southern ,california ,metroplex2 7,h7 the ,district of ,columbia2 and 7,i7 ,atlanta2 7#c7 examine airborne ultrafine particles and their effect on human health1 including-- 7,a7 characteristics of ,u,f,ps present in the air2 7,b7 spatial and temporal distributions of ,,ufp concentrations2 7,c7 primary sources of ,u,f,ps2 7,d7 the contribution of aircraft and airport operations to the distribution of ,,ufp concentrations when compared to other sources2 7,e7 potential health effects associated with elevated ,,ufp exposures1 including outcomes related to cardiovascular disease1 respiratory infection and disease1 degradation of neurocognitive functions1 and other health effects1 that have been considered in previous studies2 and 7,f7 potential ,,ufp exposures1 especially to susceptible and vulnerable groups2 7#d7 identify measures1 including the use of sustainable aviation fuels1 intended to reduce emissions from aircraft and airport operations and assess potential effects on emissions related to ,u,f,ps2 and 7#e7 identifies information gaps related to understanding relationships between ,,ufp exposures and health effects1 contributions of aviation-related emissions to ,,ufp exposures1 and the effectiveness of mitigation measures4 7c7 ,eligibility ,an institution of higher education is eligible to conduct the study if the institution-- 7#a7 is located in one of the areas identified in subsection 7b72 7#b7 applies to the ,administrator of the ,federal ,aviation ,administration in a timely fashion2 7#c7 demonstrates to the satisfaction of the ,administrator that the institution is qualified to conduct the study2 7#d7 agrees to submit to the ,administrator1 not later than #b years after entering into an agreement under subsection 7a71 the results of the study1 including any source materials used2 and 7#e7 meets such other requirements as the ,administrator determines necessary4 7d7 ,coordination ,the ,administrator may coordinate with the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,health and ,human ,services1 and any other agency head whom the ,administrator deems appropriate to provide data and other assistance necessary for the study4 7e7 ,report ,not later than #ahj days after submission of the results of the study by the institution of higher education1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the study including the results of the study submitted under subsection 7c77#d7 by the institution of higher education4 7f7 ,definition ,in this ,act1 the terms ultrafine particle and ,,ufp mean particles with diameters less than or equal to #ajj nanometers4 #afce4 ,study on colonias 7a7 ,in general ,the ,secretary of ,transportation shall carry out a study on the infrastructure state of colonias1 including surface1 transit1 water1 and broadband infrastructure of such colonias4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing the results of the study under subsection 7a71 including any recommendations for congressional action on colonias4 7c7 ,colonias defined ,in this section1 the term colonias has the meaning given the term in section #eji7;f77#h7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgi7;f77#h774 #afcf4 ,,gao study on capital needs of public ferries 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the capital investment needs of ,united ,states public ferries and how ,federal funding programs are meeting such needs4 7b7 ,considerations ,in carrying out the study under subsection 7a71 the ,comptroller ,general shall examine the feasibility of including ,united ,states public ferries in the conditions and performance report of the ,department of ,transportation4 7c7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report describing the results of the study described in subsection 7a71 including any recommendations for how to include ferries in the conditions and performance report of the ,department of ,transportation4 #afcg4 ,use of modeling and simulation technology ,it is the sense of ,congress that the ,department should utilize1 to the fullest and most economically feasible extent practicable1 modeling and simulation technology to analyze highway and public transportation projects authorized by this ,act to ensure that these projects-- 7#a7 will increase transportation capacity and safety1 alleviate congestion1 and reduce travel time and environmental impacts2 and 7#b7 are as cost effective as practicable4 #afch4 ,,gao study on per-mile user fee equity 7a7 ,establishment ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall carry out a study on the impact of equity issues associated with per-mile user fee funding systems on the surface transportation system4 7b7 ,contents ,the study under subsection 7a7 shall include the following with respect to per-mile user fee systems3 7#a7 ,the financial1 social1 and other impacts of per-mile user fee systems on individuals1 including both men and women drivers1 low-income individuals1 and individuals of different races4 7#b7 ,the impact that access to alternative modes of transportation1 including public transportation1 has in carrying out per-mile user fee systems4 7#c7 ,the ability to access jobs and services1 which may include healthcare facilities1 child care1 education and workforce training1 food sources1 banking and other financial institutions1 and other retail shopping establishments4 7#d7 ,equity issues for low-income individuals in urban and rural areas4 7#e7 ,any differing impacts on passenger vehicles and commercial vehicles4 7c7 ,inclusions ,in carrying out the study under subsection 7a71 the ,comptroller ,general shall include an analysis of the following programs3 7#a7 ,the ,state surface transportation system funding pilot program under section #fjbj of the ,,fast ,act2 and 7#b7 ,the national surface transportation system funding pilot under section #edjb of this ,act4 7d7 ,report ,not later than #b years after the date of the enactment after this ,act1 the ,comptroller ,general shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate1 and make publicly available1 a report containing the results of the study under subsection 7a71 including recommendations for how to equitably implement per-mile user fee systems4 7e7 ,definitions 7#a7 ,per-mile user fee ,the term per-mile user fee means a revenue mechanism that-- 7,a7 is applied to road users operating motor vehicles on the surface transportation system2 and 7,b7 is based on the number of vehicle miles traveled by an individual road user4 7#b7 ,commercial vehicle ,the term commercial vehicle has the meaning given the term commercial motor vehicle in section #caaja of title #di1 ,united ,states ,code4 #afci4 ,,gao review of equity considerations at state ,d,o,ts 7a7 ,review required ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall undertake a review of the extent to which ,state departments of transportation have in place best practices1 standards1 and protocols designed to ensure equity considerations in transportation planning1 project selection1 and project delivery1 including considerations of the diverse transportation needs of low-income populations1 minority populations1 women1 and other diverse populations4 7b7 ,evaluation ,after the completion of the review under subsection 7a71 the ,comptroller ,general shall issue and make available on a publicly accessible ,website a report detailing-- 7#a7 findings based on the review in subsection 7a72 7#b7 a comprehensive set of recommendations for ,state departments of transportation to improve equity considerations1 which may include model legislation1 best practices1 or guidance2 and 7#c7 any recommendations to ,congress for additional statutory authority needed to support ,state department of transportation efforts to incorporate equity considerations into transportation planning1 project selection1 and project delivery4 7c7 ,report ,after completing the review and evaluation required under subsections 7a7 and 7b71 and not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general shall make available on a publicly accessible ,website1 a report that includes-- 7#a7 findings based on the review conducted under subsection 7a72 7#b7 the outcome of the evaluation conducted under subsection 7b72 7#c7 a comprehensive set of recommendations to improve equity considerations in the public transportation industry1 including recommendations for statutory changes if applicable2 and 7#d7 the actions that the ,secretary of ,transportation could take to effectively address the recommendations provided under paragraph 7#c74 #afdj4 ,study on effectiveness of suicide prevention nets and barriers for structures other than bridges 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study to identify-- 7#a7 the types of structures1 other than bridges1 that attract a high number of individuals attempting suicide-by-jumping2 7#b7 the characteristics that distinguish structures identified under paragraph 7#a7 from similar structures that do not attract a high number of individuals attempting suicide-by-jumping2 7#c7 the types of nets or barriers that are effective at reducing suicide-by-jumping with respect to the structures identified under paragraph 7#a72 7#d7 methods of reducing suicide-by-jumping with respect to the structures identified under paragraph 7#a7 other than nets and barriers2 7#e7 quantitative measures of the effectiveness of the nets and barriers identified under paragraph 7#c72 7#f7 quantitative measures of the effectiveness of the additional methods identified under paragraph 7#d72 7#g7 the entities that typically install the nets and barriers identified under paragraph 7#c72 and 7#h7 the costs of the nets and barriers identified under paragraph 7#c74 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the study conducted under subsection 7a74 #afda4 ,comptroller ,general study on national ,,dui reporting 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on the reporting of alcohol-impaired driving arrest and citation results into ,federal databases to facilitate the widespread identification of repeat impaired driving offenders4 7b7 ,inclusions ,the study conducted under subsection 7a7 shall include a detailed assessment of-- 7#a7 the extent to which ,state and local criminal justice agencies are reporting alcohol-impaired driving arrest and citation results into ,federal databases2 7#b7 barriers on the ,federal1 ,state1 and local levels to the reporting of alcohol-impaired driving arrest and citation results into ,federal databases1 as well as barriers to the use of those systems by criminal justice agencies2 7#c7 ,federal1 ,state1 and local resources available to improve the reporting of alcohol-impaired driving arrest and citation results into ,federal databases2 7#d7 recommendations for policies and programs to be carried out by the ,national ,highway ,traffic ,safety ,administration2 and 7#e7 recommendations for programs and grant funding to be authorized by ,congress4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate committees of ,congress a report on the results of the study conducted under subsection 7a74 #afdb4 ,future interstate designation and operation ,section #aaje7;e77#e77;,a7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia is amended by inserting subclauses 7,i7 through 7,,ix7 of subsection 7c77#ch77;,a77i71 subsection 7c77#ch77;,a77iv71 after subsection 7c77#cg714 ,,ii ,public ,transportation ,a ,federal ,transit ,administration #baja4 ,authorizations 7a7 ,in general ,section #ecch of title #di1 ,united ,states ,code1 is amended to read as follows3 #ecch4 ,authorizations 7a7 ,grants 7#a7 ,in general ,there shall be available from the ,mass ,transit ,account of the ,highway ,trust ,fund to carry out sections #ecje1 #ecjg1 #ecjh1 #ecaj1 #ecaa1 #ecab1 #ecad1 #ecah1 #ecbj1 #ecbh1 #ecce1 #eccg1 #ecci1 and #ecdj-- 7,a7 #af1ahe1hjj1jjj for fiscal year #bjbb2 7,b7 #af1dcg1fjj1jjj for fiscal year #bjbc2 7,c7 #af1gjj1fjj1jjj for fiscal year #bjbd2 and 7,d7 #af1ifc1fjj1jjj for fiscal year #bjbe4 7#b7 ,allocation of funds ,of the amounts made available under paragraph 7#a7-- 7,a7 #ahi1hgi1aea for fiscal year #bjbb1 #aib1hda1bff for fiscal year #bjbc1 #aie1ibf1gbf for fiscal year #bjbd1 and #aii1jjb1ggf for fiscal year #bjbe1 shall be available to carry out section #ecje2 7,b7 #g1eje1hcj1hdh for fiscal year #bjbb1 #g1fbb1iba1hji for fiscal year #bjbc1 #g1gdd1hhh1eeh for fiscal year #bjbd1 and #g1hff1dhc1cji for fiscal year #bjbe shall be allocated in accordance with section #eccf to provide financial assistance for urbanized areas under section #ecjg2 7,c7 #aja1eaj1jjj for fiscal year #bjbb1 #ajc1jic1eef for fiscal year #bjbc1 #ajd1gdc1jec for fiscal year #bjbd1 and #ajf1chg1eai for fiscal year #bjbe shall be available for grants under section #ecjh2 7,d7 #dcd1hcj1bih for fiscal year #bjbb1 #dda1fac1fea for fiscal year #bjbc1 #ddh1fgi1dfi for fiscal year #bjbd1 and #dee1gbc1gcg for fiscal year #bjbe shall be available to carry out section #ecaj1 of which not less than-- 7i7 #e1jge1ejj for fiscal year #bjbb1 #e1aed1fgh for fiscal year #bjbc1 #e1bcg1aec for fiscal year #bjbd1 and #e1cai1cgf for fiscal year #bjbe shall be available to carry out section #ecaj7;j72 and 7ii7 #bj1cjb1jjj for fiscal year #bjbb1 #bj1fah1gaa for fiscal year #bjbc1 #bj1idh1faa for fiscal year #bjbd1 and #ba1bgg1ejd for fiscal year #bjbe shall be available to carry out section #ecaj7k72 7,e7 #a1jbe1aii1gbd for fiscal year #bjbb1 #a1jda1aib1hci for fiscal year #bjbc1 #a1jeg1hea1ibe for fiscal year #bjbd1 and #a1jgd1dfj1bjj for fiscal year #bjbe shall be available to carry out section #ecaa1 of which not less than-- 7i7 #ee1fgi1ejj for fiscal year #bjbb1 #ef1cib1ajj for fiscal year #bjbc1 #eg1acd1cgd for fiscal year #bjbd1 and #eg1hgd1chc for fiscal year #bjbe shall be available to carry out section #ecaa7;c77#a72 and 7ii7 #ej1gee1jjj for fiscal year #bjbb1 #ea1edf1ggh for fiscal year #bjbc1 #eb1cga1ebf for fiscal year #bjbd1 and #ec1aic1gei for fiscal year #bjbe shall be available to carry out section #ecaa7;c77#b72 7,f7 #cc1dih1cjj for fiscal year #bjbb1 #cd1jbj1hgc for fiscal year #bjbc1 #cd1efe1bjg for fiscal year #bjbd1 and #ce1ajg1hha for fiscal year #bjbe shall be available to carry out section #ecab1 of which not less than-- 7i7 #e1jge1ejj for fiscal year #bjbb1 #e1aed1fgh for fiscal year #bjbc1 #e1bcg1aec for fiscal year #bjbd1 and #e1cai1cgf for fiscal year #bjbe shall be available to carry out each of sections #ecab7;d77#c71 #ecab7;d77#d7 and #ecab7;j72 7ii7 #c1jde1cjj for fiscal year #bjbb1 #c1jib1hjg for fiscal year #bjbc1 #c1adb1bib for fiscal year #bjbd1 and #c1aia1fbf for fiscal year #bjbe shall be available to carry out section #ecab7;h72 and 7iii7 #aj1aea1jjj for fiscal year #bjbb1 #aj1cji1cef for fiscal year #bjbc1 #aj1dgd1cje for fiscal year #bjbd1 and #aj1fch1geb for fiscal year #bjbe shall be available to carry out section #ecab7;i72 7,g7 #bc1cdg1cjj for fiscal year #bjbb1 #bc1gaa1eah for fiscal year #bjbc1 #bd1jij1ijb for fiscal year #bjbd1 and #bd1dfi1abi for fiscal year #bjbe shall be available to carry out section #ecad1 of which not less than-- 7i7 #d1jfj1djj for fiscal year #bjbb1 #d1abc1gdb for fiscal year #bjbc1 #d1ahi1gbb for fiscal year #bjbd1 and #d1bee1eja for fiscal year #bjbe shall be available to carry out section of #ecad7;a72 7ii7 #e1jge1ejj for fiscal year #bjbb1 #e1aed1fgh for fiscal year #bjbc1 #e1bcg1aec for fiscal year #bjbd1 and #e1cai1cgf for fiscal year #bjbe shall be available to carry out section #ecad7;c72 and 7iii7 #ab1aha1bjj for fiscal year #bjbb1 #ab1cga1bbg for fiscal year #bjbc1 #ab1efi1aff for fiscal year #bjbd1 and #ab1gff1ejb for fiscal year #bjbe shall be available to carry out section #ecad7;b77#b72 7,h7 #e1jge1ejj for fiscal year #bjbb1 #e1aed1fgh for fiscal year #bjbc1 #e1bcg1aec for fiscal year #bjbd1 and #e1cai1cgf for fiscal year #bjbe shall be available to carry out section #ecah2 7,i7 #cj1dec1jjj for fiscal year #bjbb1 #cj1ibh1jfg for fiscal year #bjbc1 #ca1dbb1iaf for fiscal year #bjbd1 and #ca1iaf1bef for fiscal year #bjbe shall be available to carry out section #ecbh1 of which not less than-- 7i7 #be1cgg1ejj for fiscal year #bjbb1 #be1ggc1chi for fiscal year #bjbc1 #bf1ahe1gfc for fiscal year #bjbd1 and #bf1eif1hhj for fiscal year #bjbe shall be available to carry out section of #ecbh7;b72 and 7ii7 #b1ecg1gej for fiscal year #bjbb1 #b1egg1cci for fiscal year #bjbc1 #b1fah1egf for fiscal year #bjbd1 and #b1fei1fhh for fiscal year #bjbe shall be available to carry out section #ecbh7;c72 7,j7 #d1jfj1djj for fiscal year #bjbb1 #d1abc1gdb for fiscal year #bjbc1 #d1ahi1gbb for fiscal year #bjbd1 and #d1bee1eja for fiscal year #bjbe shall be available to carry out section #ecce2 7,k7 #d1aib1egc1cfa for fiscal year #bjbb1 #d1bff1ddh1cad for fiscal year #bjbc1 #d1cdd1jic1hgj for fiscal year #bjbd1 and #d1dbb1cad1gbd for fiscal year #bjbe shall be available to carry out section #eccg2 7,l7 to carry out the bus formula program under section #ecci7;a7-- 7i7 #a1bdj1cbh1bac for fiscal year #bjbb1 #a1bei1ffg1ccd for fiscal year #bjbc1 #a1bgi1hcb1aga for fiscal year #bjbd1 and #a1bii1ibe1ecf for fiscal year #bjbe2 except that 7ii7 #ae percent of the amounts under clause 7i7 shall be available to carry out #ecci7;d72 7,m7 #dcg1jhj1jjj for fiscal year #bjbb1 #dbd1gdh1ddh for fiscal year #bjbc1 #chg1idd1dbc for fiscal year #bjbd1 and #cea1ajj1aea for fiscal year #bjbe shall be available to carry out section #ecci7;b72 7,n7 #cge1jjj1jjj for fiscal year #bjbb1 #djj1jjj1jjj for fiscal year #bjbc1 #dej1jjj1jjj for fiscal year #bjbd1 and #ejj1jjj1jjj for fiscal year #bjbe shall be available to carry out section #ecci7;c72 and 7,o7 #ehg1acc1ije for each of fiscal years #bjbb through #bjbe shall be available to carry out section #ecdj to provide financial assistance for urbanized areas under section #ecjg and rural areas under section #ecaa1 of which-- 7i7 #cji1fhh1ijh for each of fiscal years #bjbb through #bjbe shall be for growing ,states under section #ecdj7;c72 and 7ii7 #bgg1ddd1iig for each of fiscal years #bjbb through #bjbe shall be for high density ,states under section #ecdj7;d74 7b7 ,capital investment grants ,there are authorized to be appropriated to carry out section #ecji #c1ejj1jjj1jjj for fiscal year #bjbb1 #d1bej1jjj1jjj for fiscal year #bjbc1 #e1jjj1jjj1jjj for fiscal year #bjbd1 and #e1ejj1jjj1jjj for fiscal year #bjbe4 7c7 ,administration 7#a7 ,in general ,there are authorized to be appropriated to carry out section #eccd1 #adb1jfj1ghe for fiscal year #bjbb1 #add1aia1fif for fiscal year #bjbc1 #adf1dab1bdh for fiscal year #bjbd1 and #adh1feb1cef for fiscal year #bjbe4 7#b7 ,section #ecbi ,of the amounts authorized to be appropriated under paragraph 7#a71 not less than #f1jjj1jjj for each of fiscal years #bjbb through #bjbe shall be available to carry out section #ecbi4 7#c7 ,section #ecbf ,of the amounts made available under paragraph 7#b71 not less than #b1ejj1jjj for each of fiscal years #bjbb through #bjbe shall be available to carry out section #ecbf4 7d7 ,oversight 7#a7 ,in general ,of the amounts made available to carry out this chapter for a fiscal year1 the ,secretary may use not more than the following amounts for the activities described in paragraph 7#b73 7,a7 #j4e percent of amounts made available to carry out section #ecje4 7,b7 #j4ge percent of amounts made available to carry out section #ecjg4 7,c7 #a percent of amounts made available to carry out section #ecji4 7,d7 #a percent of amounts made available to carry out section #fja of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abf ,stat4 #difh74 7,e7 #j4e percent of amounts made available to carry out section #ecaj4 7,f7 #j4e percent of amounts made available to carry out section #ecaa4 7,g7 #a percent of amounts made available to carry out section #eccg1 of which not less than #be percent of such amounts shall be available to carry out section #ecbi and of which not less than #aj percent of such amounts shall be made available to carry out section #ecbj4 7,h7 #a percent of amounts made available to carry out section #ecci of which not less than #aj percent of such amounts shall be made available to carry out section #ecbj4 7,i7 #a percent of amounts made available to carry out section #ecjh4 7#b7 ,activities ,the activities described in this paragraph are as follows3 7,a7 ,activities to oversee the construction of a major capital project4 7,b7 ,activities to review and audit the safety and security1 procurement1 management1 and financial compliance of a recipient or subrecipient of funds under this chapter4 7,c7 ,activities to provide technical assistance generally1 and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section4 7#c7 ,government share of costs ,the ,government shall pay the entire cost of carrying out a contract under this subsection_/activities described in paragraph 7#b74 7#d7 ,availability of certain funds ,funds made available under paragraph 7#a77;,c7 shall be made available to the ,secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement4 7e7 ,grants as contractual obligations 7#a7 ,grants financed from ,highway ,trust ,fund ,a grant or contract that is approved by the ,secretary and financed with amounts made available from the ,mass ,transit ,account of the ,highway ,trust ,fund pursuant to this section is a contractual obligation of the ,government to pay the ,government share of the cost of the project4 7#b7 ,grants financed from general fund ,a grant or contract that is approved by the ,secretary and financed with amounts appropriated in advance from the general fund of the ,treasury pursuant to this section is a contractual obligation of the ,government to pay the ,government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an ,act of ,congress4 7f7 ,availability of amounts ,amounts made available by or appropriated under this section shall remain available until expended4 7g7 ,limitation on financial assistance for ,state-,owned enterprises 7#a7 ,in general ,funds provided under this section may not be used in awarding a contract1 subcontract1 grant1 or loan to an entity that is owned or controlled by1 is a subsidiary of1 or is otherwise related legally or financially to a corporation based in a country that-- 7,a7 is identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of this ,act2 7,b7 was identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 and 7,c7 is subject to monitoring by the ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 7#b7 ,exception ,for purposes of paragraph 7#a71 the term otherwise related legally or financially does not include a minority relationship or investment4 7#c7 ,international agreements ,this subsection shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 4 7b7 ,conforming amendments 7#a7 ,section #ecaa of title #di1 ,united ,states ,code1 is amended by striking #ecch7;a77#b77;,f7 and inserting #ecch7;a77#b77;,e74 7#b7 ,section #ecab7;i77#a7 of title #di1 ,united ,states ,code1 is amended by striking #ecch7;a77#b77;,g77ii7 and inserting #ecch7;a77#b77;,f77iii74 7#c7 ,section #eccc7;b7 of title #di1 ,united ,states ,code1 is amended by striking #ecbh1 #eccg1 and #ecch7;b7 each place it appears and inserting and #eccg4 7#d7 ,section #eccf of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7d77#a7 by striking #ecch7;a77#b77;,c7 and inserting #ecch7;a77#b77;,b72 and 7,b7 in subsection 7h7 by striking #ecch7;a77#b77;,c7 and inserting #ecch7;a77#b77;,b74 7#e7 ,subsections 7c7 and 7d77#a7 of section #ecbg of title #di1 ,united ,states ,code1 are amended by striking #ecch7;f7 and inserting #ecch7;d74 7#f7 ,section #ecdj7;b7 of title #di1 ,united ,states ,code1 is amended by striking #ecch7;b77#b77,n7 and inserting #ecch7;a77#b77,o74 #bajb4 ,chapter #ec definitions ,section #ecjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,e7-- 7,a7 by striking and the installation and inserting 1 the installation2 and 7,b7 by inserting 1 and bikeshare projects after public transportation vehicles2 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,g7 by striking clause 7iii7 and inserting the following3 7iii7 provides a fair share of revenue established by the ,secretary that will be used for public transportation1 except for a joint development that is a community service 7as defined by the ,federal ,transit ,administration71 publicly operated facility1 or offers a minimum of #ej percent of units as affordable housing1 meaning legally binding affordability restricted housing units available to tenants with incomes below #fj percent of the area median income or owners with incomes below the area median2 2 and 7,b7 in subparagraph 7,n7-- 7i7 by striking no emission and inserting zero emission2 and 7ii7 by striking 7as defined in section #ecci7;c772 and 7#c7 by adding at the end the following3 7#be7 ,resilience 7,a7 ,in general ,the term resilience means1 with respect to a facility1 the ability to-- 7i7 anticipate1 prepare for1 or adapt to conditions2 or 7ii7 withstand1 respond to1 or recover rapidly from disruptions4 7,b7 ,inclusions ,such term includes1 with respect to a facility1 the ability to-- 7i7 resist hazards or withstand impacts from disruptions2 7ii7 reduce the magnitude1 duration1 or impact of a disruption2 or 7iii7 have the absorptive capacity1 adaptive capacity1 and recoverability to decrease vulnerability to a disruption4 7#bf7 ,assault on a transit worker ,the term assault on a transit worker means any circumstance in which an individual knowingly1 without lawful authority or permission1 and with intent to endanger the safety of any individual1 or with a reckless disregard for the safety of human life1 interferes with1 disables1 or incapacitates any transit worker while the transit worker is performing his or her duties4 4 #bajc4 ,general provisions ,section #ecbc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7 by striking urban area and inserting urbanized area2 7,b7 by adding at the end the following3 7#c7 ,exceptions ,this subsection shall not apply to financial assistance under this chapter-- 7,a7 in which the non-,federal share of project costs are provided from amounts received under a service agreement with a ,state or local social service agency or private social service organization pursuant to section #ecjg7;d77#c77;,e7 or section #ecaa7;g77#c77;,c72 7,b7 provided to a recipient or subrecipient whose sole receipt of such assistance derives from section #ecaj2 or 7,c7 provided to a recipient operating a fixed route service that is-- 7i7 for a period of less than #cj days2 7ii7 accessible to the public2 7iii7 contracted by a local government entity that provides local cost share to the recipient2 and 7iv7 not contracted for the purposes of a convention or on behalf of a convention and visitors bureau4 7#d7 ,guidelines ,the ,secretary shall publish guidelines for grant recipients and private bus operators that clarify when and how a transit agency may step back and provide the service in the event a registered charter provider does not contact the customer1 provide a quote1 or provide the service4 2 7#b7 in subsection 7h7-- 7,a7 in paragraph 7#a7 by adding or at the end2 and 7,b7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 by striking subsection 7j7 and inserting the following3 7j7 ,reporting accessibility complaints 7#a7 ,in general ,the ,secretary shall ensure that an individual who believes that he or she1 or a specific class in which the individual belongs1 has been subjected to discrimination on the basis of disability by a ,state or local governmental entity1 private nonprofit organization1 or ,tribe that operates a public transportation service and is a recipient or subrecipient of funds under this chapter1 may1 by the individual or by an authorized representative1 file a complaint with the ,department of ,transportation4 7#b7 ,procedures ,not later than #a year after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall implement procedures that allow an individual to submit a complaint described in paragraph 7#a7 by phone1 mail-in form1 and online through the website of the ,office of ,civil ,rights of the ,federal ,transit ,administration4 7#c7 ,notice to individuals with disabilities ,not later than #ab months after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall require that each public transit provider and contractor providing paratransit services shall include on a publicly available website of the service provider1 any related mobile device application1 and online service-- 7,a7 notice that an individual can file a disability-related complaint with the local transit agency and the process and any timelines for filing such a complaint2 7,b7 the telephone number1 or a comparable electronic means of communication1 for the disability assistance hotline of the ,office of ,civil ,rights of the ,federal ,transit ,administration2 7,c7 notice that a consumer can file a disability related complaint with the ,office of ,civil ,rights of the ,federal ,transit ,administration2 and 7,d7 an active link to the website of the ,office of ,civil ,rights of the ,federal ,transit ,administration for an individual to file a disability-related complaint4 7#d7 ,investigation of complaints ,not later than #fj days after the last day of each fiscal year1 the ,secretary shall publish a report that lists the disposition of complaints described in paragraph 7#a71 including-- 7,a7 the number and type of complaints filed with ,department of ,transportation2 7,b7 the number of complaints investigated by the ,department2 7,c7 the result of the complaints that were investigated by the ,department including whether the complaint was resolved-- 7i7 informally2 7ii7 by issuing a violation through a noncompliance ,letter of ,findings2 or 7iii7 by other means1 which shall be described2 and 7,d7 if a violation was issued for a complaint1 whether the ,department resolved the noncompliance by-- 7i7 reaching a voluntary compliance agreement with the entity2 7ii7 referring the matter to the ,attorney ,general2 or 7iii7 by other means1 which shall be described4 7#e7 ,report ,the ,secretary shall1 upon implementation of this section and annually thereafter1 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and make publicly available a report containing the information collected under this section4 2 7#d7 by striking subsection 7m7 and inserting the following3 7m7 ,preaward and postdelivery review of rolling stock purchases ,the ,secretary shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with bid specifications requirements of grant recipients under this chapter4 ,under this subsection1 grantee inspections and review are required1 and a manufacturer certification is not sufficient4 2 and 7#e7 in subsection 7r7-- 7,a7 by inserting or beneficial after detrimental2 7,b7 by striking the period at the end and inserting 2 and2 7,c7 by striking under this chapter may not deny and inserting the following3 under this chapter-- 7#a7 may not deny 2 and 7,d7 by adding at the end the following3 7#b7 shall respond to any request for reasonable access within #ge days of the receipt of the request and1 if a recipient of assistance under this chapter denies access to a private intercity or charter transportation operator based on the reasonable access standards1 provide1 in writing1 the reasons for the denial4 4 #bajd4 ,miscellaneous provisions 7a7 ,state of good repair grants ,section #eccg7;e7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,accessibility costs ,notwithstanding paragraph 7#a71 the ,federal share of the net project cost of a project to provide accessibility in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 shall be #ij percent4 4 7b7 ,apportionments based on growing ,states and high density ,states formula factors ,section #ecdj7;a7 of title #di1 ,united ,states ,code1 is amended by inserting and the ,district of ,columbia after ,united ,states4 7c7 ,technical assistance and workforce development ,section #ecad of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,b7-- 7,a7 in clause 7i7 by striking 2 and and inserting a semicolon2 7,b7 in clause 7ii7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7iii7 technical assistance to assist recipients with the impacts of a new census count4 2 and 7#b7 in subsection 7c77#d77;,a7 by inserting 1 #ecaa after #ecjg4 7d7 ,national transit database ,section #ecce of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by inserting 1 including information on transit routes and ridership on those routes after public sector investment decision2 and 7#b7 in subsection 7c7 by inserting 1 any data on each assault on a transit worker1 and pedestrian injuries and fatalities as a result of an impact with a bus4 ,each of the data sets shall be publicly reported without aggregating the data with other safety data after by the recipient4 7e7 ,urbanized area formula grants ,section #ecjg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,a7-- 7,a7 in clause 7i7 by striking or at the end2 and 7,b7 by adding at the end the following3 7iii7 operate a minimum of #aja buses and a maximum of #abe buses in fixed route service or demand response service1 excluding ,,ada complementary paratransit service1 during peak service hours1 in an amount not to exceed #be percent of the share of the apportionment which is attributable to such systems within the urbanized area1 as measured by vehicle revenue hours2 or 2 7#b7 in subsection 7a77#b77;,b7-- 7,a7 in clause 7i7 by striking or at the end2 7,b7 in clause 7ii7 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 operate a minimum of #aja buses and a maximum of #abe buses in fixed route service or demand response service1 excluding ,,ada complementary paratransit service1 during peak service hours1 in an amount not to exceed #be percent of the share of the apportionment allocated to such systems within the urbanized area1 as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection 7b74 2 and 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#f7 by striking and at the end2 7,b7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 ensure that the proposed program of projects provides improved access to transit for the individuals described in section #eccf7;j72 and 4 7f7 ,technical correction ,section #ecjg7;a77#b77;,b77ii7 of title #di1 ,united ,states ,code1 is amended by striking service during peak and inserting service1 during peak4 7g7 ,imposition of deadline ,section #ecbd of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,imposition of deadline 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of-- 7,a7 the date on which the ,governor declared the emergency1 as described in subsection 7d77#a77;,a72 or 7,b7 the date on which the ,president declared the emergency to be a major disaster1 as described in such subsection4 7#b7 ,extension of deadline ,if the ,secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph 7#a71 the ,secretary may1 upon the request of the ,governor of the ,state1 issue an extension of not more than #a year to complete such advancement1 and may issue additional extensions after the expiration of any extension1 if the ,secretary determines the ,governor of the ,state has provided suitable justification to warrant such an extension4 4 7h7 ,transportation development credits as local match 7#a7 ,section #ecjg ,section #ecjg7;d77#c7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,d7 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,e7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,f7 transportation development credits4 4 7#b7 ,section #ecji ,section #ecji of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7f7 by adding at the end the following3 7#c7 ,transportation development credits ,for purposes of assessments and determinations under this subsection or subsection 7h71 transportation development credits that are included as a source of local financing or match shall be treated the same as other sources of local financing4 2 and 7,b7 in subsection 7l77#d7-- 7i7 in subparagraph 7,b7 by striking 2 or and inserting a semicolon2 7ii7 in subparagraph 7,c7 by striking the period and inserting 2 or2 and 7iii7 by adding at the end the following3 7,d7 transportation development credits4 4 7#c7 ,section #ecci ,section #ecci7;a77#g77;,b7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in clause 7iv7 by striking 2 or and inserting a semicolon2 7,b7 in clause 7v7 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7vi7 transportation development credits4 4 #baje4 ,policies and purposes ,section #ecja7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g7 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#h7 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#i7 reduce the contributions of the surface transportation system to the total carbon pollution of the ,united ,states2 and 7#aj7 improve the resiliency of the public transportation network to withstand weather events and other natural disasters4 4 #bajf4 ,fiscal year #bjbb formulas ,for fiscal year #bjbb1 the ,secretary shall apportion and distribute formula funds provided for under chapter #ec of title #di1 ,united ,states ,code1 using data submitted to the #bjai ,national ,transit ,database4 #bajg4 ,metropolitan transportation planning ,section #ecjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 by amending subsection 7a77#a7 to read as follows3 7#a7 to encourage and promote the safe and efficient management1 operation1 and development of surface transportation systems that will serve the mobility needs of people and freight1 foster economic growth and development within and between ,states and urbanized areas1 and take into consideration resiliency and climate change adaptation needs while reducing transportation-related fuel consumption1 air pollution1 and greenhouse gas emissions through metropolitan and statewide transportation planning processes identified in this chapter2 and 4 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 and 7,b7 by inserting after paragraph 7#e7 the following3 7#f7 ,,stip ,the term ,,stip means a statewide transportation improvement program developed by a ,state under section #ace7;g74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking and transportation improvement programs and inserting and ,t,i,ps2 and 7,b7 by adding at the end the following3 7#d7 ,consideration ,in developing the plans and ,t,i,ps1 metropolitan planning organizations shall consider direct and indirect emissions of greenhouse gases4 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#b7 by striking ,not later than #b years after the date of enactment of the ,federal ,public ,transportation ,act of #bjab1 each and inserting ,each2 7,b7 in paragraph 7#c7 by adding at the end the following3 7,d7 ,considerations 7i7 ,equitable and proportional representation ,in designating officials or representatives under paragraph 7#b71 the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area4 7ii7 ,savings clause ,nothing in this paragraph shall require a metropolitan planning organization in existence on the date of enactment of this subparagraph to be restructured4 7iii7 ,redesignation ,notwithstanding clause 7ii71 the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph 7#f74 2 7,c7 in paragraph 7#f77;,b7 by striking paragraph 7#b7 and inserting paragraphs 7#b7 or 7#c77;,d72 and 7,d7 in paragraph 7#g7-- 7i7 by striking an existing metropolitan planning area and inserting an urbanized area2 and 7ii7 by striking the existing metropolitan planning area and inserting the area2 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#a7 by striking a metropolitan area and inserting an urbanized area2 7,b7 in paragraph 7#b7 by striking ,m,p,os and inserting ,metropolitan planning areas 7,c7 in paragraph 7#c77;,a7 by inserting emergency response and evacuation1 climate change adaptation and resilience1 after disaster risk reduction12 and 7,d7 by adding at the end the following3 7#d7 ,coordination between ,m,p,os 7,a7 ,in general ,if more than one metropolitan planning organization is designated within an urbanized area under subsection 7d77#g71 the metropolitan planning organizations designated within the area shall ensure1 to the maximum extent practicable1 the consistency of any data used in the planning process1 including information used in forecasting transportation demand4 7,b7 ,savings clause ,nothing in this paragraph requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents1 including a unified long-range transportation plan or unified ,,tip4 2 7#f7 in subsection 7h77#a7-- 7,a7 by striking subparagraph 7,e7 and inserting the following3 7,e7 protect and enhance the environment1 promote energy conservation1 reduce greenhouse gas emissions1 improve the quality of life and public health1 and promote consistency between transportation improvements and ,state and local planned growth and economic development patterns1 including housing and land use patterns2 2 7,b7 in subparagraph 7,h7 by striking and at the end2 7,c7 in subparagraph 7,i7 by striking the period at the end and inserting and reduce or mitigate stormwater1 sea level rise1 extreme weather1 and climate change impacts of surface transportation22 and 7,d7 by inserting after subparagraph 7,i7 the following3 7,j7 facilitate emergency management1 response1 and evacuation and hazard mitigation2 7,k7 improve the level of transportation system access2 and 7,l7 support inclusive zoning policies and land use planning practices that incentivize affordable1 elastic1 and diverse housing supply1 facilitate long-term economic growth by improving the accessibility of housing to jobs1 and prevent high housing costs from displacing economically disadvantaged households4 2 7#g7 in subsection 7h77#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,through the use of a performance-based approach1 transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section #aej7;b71 the achievement of metropolitan and statewide targets established under section #aej7;d71 the improvement of transportation system access 7consistent with section #aej7;f771 and the general purposes described in section #ecja of title #di4 2 7#h7 in subsection 7i7-- 7,a7 in paragraph 7#b77;,d77i7 by inserting reduce greenhouse gas emissions and before restore and maintain2 7,b7 in paragraph 7#b77;,g7 by inserting and climate change after infrastructure to natural disasters2 7,c7 in paragraph 7#b77;,h7 by inserting greenhouse gas emissions1 after pollution12 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7 by inserting air quality1 public health1 housing1 transportation1 resilience1 hazard mitigation1 emergency management1 after conservation12 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,issues ,the consultation shall involve1 as appropriate1 comparison of transportation plans to other relevant plans1 including1 if available-- 7i7 ,state conservation plans or maps2 and 7ii7 inventories of natural or historic resources4 2 and 7,e7 by amending paragraph 7#f77;,c7 to read as follows3 7,c7 ,methods 7i7 ,in general ,in carrying out subparagraph 7,a71 the metropolitan planning organization shall1 to the maximum extent practicable-- 7,i7 hold any public meetings at convenient and accessible locations and times2 7,,ii7 employ visualization techniques to describe plans2 and 7,,iii7 make public information available in electronically accessible format and means1 such as the internet1 as appropriate to afford reasonable opportunity for consideration of public information under subparagraph 7,a74 7ii7 ,additional methods ,in addition to the methods described in clause 7i71 in carrying out subparagraph 7,a71 the metropolitan planning organization shall1 to the maximum extent practicable-- 7,i7 use virtual public involvement1 social media1 and other web-based tools to encourage public participation and solicit public feedback2 and 7,,ii7 use other methods1 as appropriate1 to further encourage public participation of historically underrepresented individuals in the transportation planning process4 2 7#i7 in subsection 7j7-- 7,a7 by striking transportation improvement program and inserting ,,tip each place it appears2 and 7,b7 in paragraph 7#b77;,d7-- 7i7 by striking ,performance target achievement and inserting ,performance management2 7ii7 by striking ,the ,,tip and inserting the following3 7i7 ,in general ,the ,,tip 2 and 7iii7 by adding at the end the following3 7ii7 ,transportation management areas ,for metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection 7k71 the ,,tip shall include-- 7,i7 a discussion of the anticipated effect of the ,,tip toward achieving the performance targets established in the metropolitan transportation plan1 linking investment priorities to such performance targets2 and 7,,ii7 a description of how the ,,tip would improve the overall level of transportation system access1 consistent with section #aej7;f7 of title #bc4 2 7#aj7 in subsection 7k7-- 7,a7 in paragraph 7#c77;,a7-- 7i7 by striking shall address congestion management and inserting the following3 shall address-- 7i7 congestion management 2 7ii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7ii7 the overall level of transportation system access for various modes of travel within the metropolitan planning area1 including the level of access for economically disadvantaged communities1 consistent with section #aej7;f7 of title #bc1 that is based on a cooperatively developed and implemented metropolitan-wide strategy1 assessing both new and existing transportation facilities eligible for funding under this chapter and title #bc4 2 and 7,b7 in paragraph 7#e77;,b7-- 7i7 in clause 7i7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7ii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 the ,,tip approved under clause 7ii7 improves the level of transportation system access1 consistent with section #aej7;f7 of title #bc4 2 7#aa7 in subsection 7l77#b7-- 7,a7 by striking #e years after the date of enactment of the ,federal ,public ,transportation ,act of #bjab and inserting #b years after the date of enactment of the ,,invest in ,america ,act1 and every #b years thereafter12 7,b7 in subparagraph 7,c7 by striking and whether metropolitan planning organizations are developing meaningful performance targets2 and and inserting a semicolon2 and 7,c7 by striking subparagraph 7,d7 and inserting the following3 7,d7 a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive 7as defined in section #aej7;d77#c77;,b7 of title #bc72 and 7,e7 the progress of implementing the measure established under section #aej7;f7 of title #bc4 2 and 7#ab7 by striking ,federally each place it appears and inserting federally4 #bajh4 ,statewide and nonmetropolitan transportation planning ,section #ecjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking statewide transportation improvement program and inserting ,,stip2 7,b7 in paragraph 7#b7-- 7i7 by striking ,the statewide transportation plan and the and inserting the following3 7,a7 ,in general ,the statewide transportation plan and the 2 7ii7 by striking transportation improvement program and inserting ,,stip2 and 7iii7 by adding at the end the following3 7,b7 ,consideration ,in developing the statewide transportation plans and ,s,t,i,ps1 ,states shall consider direct and indirect emissions of greenhouse gases4 2 and 7,c7 in paragraph 7#c7 by striking transportation improvement program and inserting ,,stip2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,e7-- 7,i7 by inserting reduce greenhouse gas emissions1 after promote energy conservation12 7,,ii7 by inserting and public health after improve the quality of life2 and 7,,iii7 by inserting 1 including housing and land use patterns after economic development patterns2 7ii7 in subparagraph 7,h7 by striking and2 7iii7 in subparagraph 7,i7 by striking the period at the end and inserting and reduce or mitigate stormwater1 sea level rise1 extreme weather1 and climate change impacts of surface transportation22 and 7iv7 by adding at the end the following3 7,j7 facilitate emergency management1 response1 and evacuation and hazard mitigation2 7,k7 improve the level of transportation system access2 and 7,l7 support inclusive zoning policies and land use planning practices that incentivize affordable1 elastic1 and diverse housing supply1 facilitate long-term economic growth by improving the accessibility of housing to jobs1 and prevent high housing costs from displacing economically disadvantaged households4 2 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,through the use of a performance-based approach1 transportation investment decisions made as a part of the statewide transportation planning process shall support-- 7i7 the national goals described in section #aej7;b72 7ii7 the consideration of transportation system access 7consistent with section #aej7;f772 7iii7 the achievement of statewide targets established under section #aej7;d72 and 7iv7 the general purposes described in section #ecja of title #di4 2 and 7ii7 in subparagraph 7,d7 by striking statewide transportation improvement program and inserting ,,stip2 and 7,c7 in paragraph 7#c7 by striking statewide transportation improvement program and inserting ,,stip2 7#c7 in subsection 7e77#c7 by striking transportation improvement program and inserting ,,stip2 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#b77;,d7-- 7i7 in clause 7i7 by inserting air quality1 public health1 housing1 transportation1 resilience1 hazard mitigation1 emergency management1 after conservation12 and 7ii7 by amending clause 7ii7 to read as follows3 7ii7 ,comparison and consideration ,consultation under clause 7i7 shall involve the comparison of transportation plans to other relevant plans and inventories1 including1 if available-- 7,i7 ,state and tribal conservation plans or maps2 and 7,,ii7 inventories of natural or historic resources4 2 7,b7 in paragraph 7#c77;,b7-- 7i7 by striking ,in carrying out and inserting the following3 7i7 ,in general in carrying out 2 7ii7 by redesignating clauses 7i7 through 7iv7 as subclauses 7,i7 through 7,,iv71 respectively2 and 7iii7 by adding at the end the following3 7ii7 ,additional methods ,in addition to the methods described in clause 7i71 in carrying out subparagraph 7,a71 the ,state shall1 to the maximum extent practicable-- 7,i7 use virtual public involvement1 social media1 and other web-based tools to encourage public participation and solicit public feedback2 and 7,,ii7 use other methods1 as appropriate1 to further encourage public participation of historically underrepresented individuals in the transportation planning process4 2 7,c7 in paragraph 7#d77;,a7 by inserting reduce greenhouse gas emissions and after potential to2 and 7,d7 in paragraph 7#h7 by inserting including consideration of the role that intercity buses may play in reducing congestion1 pollution1 greenhouse gas emissions1 and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems1 including systems that are privately owned and operated after transportation system2 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#a77;,a7 by striking statewide transportation improvement program and inserting ,,stip2 7,b7 in paragraph 7#d7-- 7i7 by striking ,performance target achievement and inserting ,performance management2 7ii7 by striking shall include1 to the maximum extent practicable1 a discussion and inserting the following3 shall include 7,a7 a discussion 2 7iii7 by striking the period at the end and inserting 2 and2 7iv7 by striking statewide transportation improvement program and inserting ,,stip each place it appears2 and 7v7 by adding at the end the following3 7,b7 a consideration of how the ,,stip impacts the overall level of transportation system access1 consistent with section #aej7;f7 of title #bc4 2 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7 by striking transportation improvement program and inserting ,,stip2 7ii7 in subparagraph 7,b77ii7 by striking metropolitan transportation improvement program and inserting ,,tip2 7iii7 in subparagraph 7,c7 by striking transportation improvement program and inserting ,,stip each place it appears2 7iv7 in subparagraph 7,e7 by striking transportation improvement program and inserting ,,stip2 7v7 in subparagraph 7,f77i7 by striking transportation improvement program and inserting ,,stip each place it appears2 7vi7 in subparagraph 7,g77ii7 by striking transportation improvement program and inserting ,,stip2 and 7vii7 in subparagraph 7,h7 by striking transportation improvement program and inserting ,,stip2 7,d7 in paragraph 7#f7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking transportation improvement program and inserting ,,stip2 and 7,,ii7 by striking and projects carried out under the bridge program or the ,interstate maintenance program under title #bc2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking or under the bridge program or the ,interstate maintenance program2 and 7,,ii7 by striking statewide transportation improvement program and inserting ,,stip2 7,e7 in paragraph 7#g7-- 7i7 in the heading by striking ,transportation improvement program and inserting ,,stip2 and 7ii7 by striking transportation improvement program and inserting ,,stip2 7,f7 in paragraph 7#h7 by striking statewide transportation plans and programs and inserting statewide transportation plans and ,s,t,i,ps2 and 7,g7 in paragraph 7#i7 by striking transportation improvement program and inserting ,,stip2 7#f7 in subsection 7h77#b77;,a7 by striking ,not later than #e years after the date of enactment of the ,federal ,public ,transportation ,act of #bjab1 and inserting ,not less frequently than once every #d years12 7#g7 in subsection 7j7 by striking transportation improvement program and inserting ,,stip each place it appears2 and 7#h7 in subsection 7l7 by striking transportation improvement programs and inserting ,s,t,i,ps4 #baji4 ,obligation limitation ,notwithstanding any other provision of law1 the total of all obligations from amounts made available from the ,mass ,transit ,account of the ,highway ,trust ,fund by subsection 7a7 of section #ecch of title #di1 ,united ,states ,code1 shall not exceed-- 7#a7 #af1ahe1hjj1jjj in fiscal year #bjbb2 7#b7 #af1dcg1fjj1jjj in fiscal year #bjbc2 7#c7 #af1gjj1fjj1jjj in fiscal year #bjbd2 and 7#d7 #af1ifc1fjj1jjj in fiscal year #bjbe4 #baaj4 ,public transportation emergency relief funds ,section #ecbd of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7g7 ,imposition of deadline 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may not require any project funded pursuant to this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of-- 7,a7 the date on which the ,governor declared the emergency1 as described in subsection 7a77#b72 or 7,b7 the date on which the ,president declared a major disaster1 as described in such subsection4 7#b7 ,extension of deadline ,if the ,secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph 7#a71 the ,secretary may1 upon the request of the ,governor of the ,state1 issue an extension of not more than #a year to complete such advancement1 and may issue additional extensions after the expiration of any extension1 if the ,secretary determines the ,governor of the ,state has provided suitable justification to warrant an extension4 4 #baaa4 ,certification requirements ,the certification requirements described in section #ffa4ab of title #di1 ,code of ,federal ,regulations1 shall1 after the date of enactment of this ,act1 include a certification that buses or other rolling stock 7including train control1 communication and traction power equipment7 being procured do not contain or use any covered telecommunications equipment or services1 as such term is defined by section #hhi of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb74 #baab4 ,hold harmless ,notwithstanding any other provision of law1 for fiscal years #bjba and #bjbb1 the ,secretary of ,transportation shall allow project sponsors1 at the request of such sponsor1 to submit ridership and service data and projections collected before ,january #bj1 #bjbj and projections based on that data to determine project eligibility under section #ecji of title #di1 ,united ,states ,code4 ,b ,improving ,frequency and ,ridership #bbja4 ,multi-jurisdictional bus frequency and ridership competitive grants 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after section #ecjg the following new section3 #ecjh4 ,multi-jurisdictional bus frequency and ridership competitive grants 7a7 ,in general ,the ,secretary shall make grants under this section1 on a competitive basis1 to eligible recipients to increase the frequency and ridership of public transit buses4 7b7 ,applications ,to be eligible for a grant under this section1 an eligible recipient shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,application timing ,not later than #ij days after amounts are made available to carry out this section1 the ,secretary shall solicit grant applications from eligible recipients for projects described in subsection 7d74 7d7 ,uses of funds ,an eligible recipient of a grant under this section shall use such grant for capital projects that-- 7#a7 increase-- 7,a7 the frequency of bus service2 7,b7 bus ridership2 and 7,c7 total person throughput2 and 7#b7 are consistent with1 and as described in1 the design guidance issued by the ,national ,association of ,city ,transportation ,officials and titled ,transit ,street ,design ,guide4 7e7 ,grant criteria ,in making grants under this section1 the ,secretary shall consider the following3 7#a7 ,each eligible recipient's projected increase in bus frequency4 7#b7 ,each eligible recipient's projected increase in bus ridership4 7#c7 ,each eligible recipient's projected increase in total person throughput4 7#d7 ,the degree of regional collaboration described in each eligible recipient's application1 including collaboration with-- 7,a7 a local government entity that operates a public transportation service2 7,b7 local government agencies that control street design2 7,c7 metropolitan planning organizations 7as such term is defined in section #ecjc72 and 7,d7 ,state departments of transportation4 7f7 ,grant timing ,the ,secretary shall award grants under this section not later than #abj days after the date on which the ,secretary completes the solicitation described in subsection 7c74 7g7 ,requirements of the ,secretary ,in carrying out the program under this section1 the ,secretary shall-- 7#a7 not later than the date described in subsection 7c71 publish in the ,federal ,register a list of all metrics and evaluation procedures to be used in making grants under this section2 and 7#b7 publish in the ,federal ,register-- 7,a7 a summary of the final metrics and evaluations used in making grants under this section2 and 7,b7 a list of the ratings of eligible recipients receiving a grant under this section based on such metrics and evaluations4 7h7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project carried out under this section shall not exceed #hj percent4 7#b7 ,restriction on grant amounts ,the ,secretary may make a grant for a project under this section in an amount up to #aej percent of the amount-- 7,a7 provided for such project under title #bc2 and 7,b7 provided for such project from non-,federal funds budgeted for roadways4 7i7 ,requirements of section #ecjg ,except as otherwise provided in this section1 a grant under this section shall be subject to the requirements of section #ecjg4 7j7 ,availability of funds 7#a7 ,in general ,amounts made available to carry out this section shall remain available for #d fiscal years after the fiscal year for which the amount was made available4 7#b7 ,unobligated amounts ,after the expiration of the period described in paragraph 7#a7 for an amount made available to carry out this section1 any unobligated amounts made available to carry out this section shall be added to the amounts made available for the following fiscal year4 7k7 ,eligible recipients ,in this section1 the term eligible recipient means a recipient of a grant under section #ecjg in an urbanized area with a population greater than #ejj1jjj4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecjg the following new item3 #ecjh4 ,multi-jurisdictional bus frequency and ridership competitive grants4 4 #bbjb4 ,incentivizing frequency in the urban formula ,section #eccf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i7 by striking #ie4fa percent and inserting #ie percent2 7,,ii7 in clause 7i7 by striking #ie4fa percent and inserting #ie percent2 and 7,,iii7 in clause 7ii7 by striking #ie4fa percent and inserting #ie percent2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i7 by striking #d4ci percent and inserting #e percent2 7,,ii7 in clause 7i7-- 7aa7 by inserting in the highest #be percent of routes by ridership before multiplied by2 and 7bb7 by striking vehicle passenger miles traveled for each dollar of operating cost in an area and inserting vehicles operating in peak revenue service per hour in the highest #be percent of routes by ridership2 and 7,,iii7 in clause 7ii7-- 7aa7 by inserting in the highest #be percent of routes by ridership before multiplied by2 and 7bb7 by striking vehicle passenger miles traveled for each dollar of operating cost in all areas and inserting vehicles operating in peak revenue service per hour in the highest #be percent of routes by ridership2 and 7,b7 by adding at the end the following3 7#c7 ,special rule ,for fiscal year #bjbb1 the percentage-- 7,a7 in paragraph 7#b77;,a7 in the matter preceding clause 7i7 shall be treated as #ajj percent2 and 7,b7 in paragraph 7#b77;,b7 in the matter preceding clause 7i7 shall be treated as #j percent4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking #ij4h percent and inserting #ij percent each place it appears2 7,b7 in paragraph 7#b7-- 7i7 by striking #i4b percent and inserting #h percent2 7ii7 by striking #bjj1jjj and inserting #ejj1jjj2 7iii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 the number of bus passenger miles traveled on the highest #be percent of routes by ridership multiplied by the number of buses operating in peak revenue service per hour on the highest #be percent of routes by ridership2 divided by 2 and 7iv7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the total number of bus passenger miles traveled on the highest #be percent of routes by ridership multiplied by the total number of buses operating in peak revenue service per hour on the highest #be percent of routes by ridership in all areas4 2 and 7,c7 by adding at the end the following3 7#c7 ,two percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least #bjj1jjj and less than #ejj1jjj is entitled to receive an amount using the formula in paragraph 7#a74 7#d7 ,for fiscal year #bjbb1 the percentage-- 7,a7 in paragraph 7#a7 in the matter preceding subparagraph 7,a7 shall be treated as #ajj percent2 7,b7 in paragraph 7#b7 in the matter preceding subparagraph 7,a7 shall be treated as #j percent2 and 7,c7 in paragraph 7#c7 shall be treated as #j percent4 2 and 7#c7 by adding at the end the following3 7k7 ,peak revenue service defined ,in this section1 the term peak revenue service means the time period between the time in the morning that an agency first exceeds the number of midday vehicles in revenue service and the time in the evening that an agency falls below the number of midday vehicles in revenue service4 4 #bbjc4 ,mobility innovation 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after section #ecae the following new section3 #ecaf4 ,mobility innovation 7a7 ,in general ,amounts made available to a covered recipient to carry out sections #ecjg1 #ecaj1 and #ecaa may be used by such covered recipient under this section to assist in the financing of-- 7#a7 mobility as a service2 and 7#b7 mobility on demand services4 7b7 ,federal share 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the ,federal share of the net cost of a project carried out under this section shall not exceed #gj percent4 7#b7 ,insourcing incentive ,notwithstanding paragraph 7#a71 the ,federal share of the net cost of a project described in paragraph 7#a7 shall not exceed #ij percent for mobility on demand service operated exclusively by personnel employed by the recipient4 7#c7 ,zero emission incentive ,notwithstanding paragraph 7#a71 the ,federal share of the net cost of a project described in paragraph 7#a7 shall not exceed #ij percent if such project involves an eligible use that uses a vehicle that produces zero carbon dioxide or particulate matter4 7c7 ,eligible uses 7#a7 ,in general ,the ,secretary shall publish guidance describing eligible activities that are demonstrated to-- 7,a7 increase transit ridership2 7,b7 be complementary to fixed route transit service2 7,c7 demonstrate meaningful improvements in-- 7i7 environmental metrics1 including standards established pursuant to the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 and greenhouse gas performance targets established pursuant to section #aej7;d7 of title #bc2 7ii7 traffic congestion2 7iii7 compliance with the requirements under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7iv7 low-income service to increase access to employment1 healthcare1 and other essential services2 7v7 service outside of transit agency operating hours1 provided that the transit agency operating hours are not reduced2 7vi7 new low density service relative to the higher density urban areas of the agency's service area2 or 7vii7 rural service4 7,d7 ,fare collection modernization ,in developing guidance referred to in this section1 the ,secretary shall ensure that-- 7i7 all costs associated with installing1 modernizing1 and managing fare collection1 including touchless payment systems1 shall be considered eligible expenses under this title and subject to the applicable ,federal share2 and 7ii7 such guidance includes guidance on how agencies shall provide unbanked and underbanked users with an opportunity to benefit from mobility as a service platforms4 7#b7 ,prohibition on use of funds ,amounts used by a covered recipient for projects eligible under this section may not be used for-- 7,a7 single passenger vehicle miles 7in a passenger motor vehicle1 as such term is defined in section #cbaja1 that carries less than #i passengers71 unless the trip-- 7i7 meets the definition of public transportation2 and 7ii7 begins or completes a fixed route public transportation trip2 7,b7 deadhead vehicle miles2 or 7,c7 any service considered a taxi service that operates under an exemption from testing requirements under section #ecca4 7d7 ,federal requirements ,a project carried out under this section shall be treated as if such project were carried out under the section from which the funds were provided to carry out such project1 including the application of any additional requirements provided for by law that apply to section #ecjg1 #ecaj1 or #ecaa1 as applicable4 7e7 ,waiver 7#a7 ,individual waiver ,except as provided in paragraphs 7#b7 and 7#c71 the ,secretary may waive any requirement applied to a project carried out under this section pursuant to subsection 7d7 if the ,secretary determines that the project would-- 7,a7 not undermine labor standards2 7,b7 increase employment opportunities of the recipient unless the ,secretary determines that such a waiver does not affect employment opportunities2 and 7,c7 be consistent with the public interest4 7#b7 ,waiver under other sections ,the ,secretary may not waive any requirement under paragraph 7#a7 for which a waiver is otherwise available4 7#c7 ,prohibition of waiver ,notwithstanding paragraph 7#a71 the ,secretary may not waive any requirement of-- 7,a7 section #eccc2 7,b7 section #ecca2 7,c7 section #ecjb7ad72 and 7,d7 chapter #ec that establishes a maximum ,federal share for operating costs4 7#d7 ,application of section #ecbj ,notwithstanding paragraphs 7#a7 and 7#b71 the ,secretary may only waive the requirements of section #ecbj with respect to-- 7,a7 a passenger vehicle owned by an individual2 and 7,b7 subsection 7q7 of such section for any passenger vehicle not owned by an individual for the period beginning on the date of enactment of this section and ending #c years after such date4 7f7 ,open data standards 7#a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary shall initiate procedures under subchapter ,,iii of chapter #e of title #e to develop an open data standard and an application programming interface necessary to carry out this section4 7#b7 ,regulations ,the regulations required under paragraph 7#a7 shall require public transportation agencies1 mobility on demand providers1 mobility as a service technology providers1 other non-government actors1 and local governments the efficient means to transfer data to-- 7,a7 foster the efficient use of transportation capacity2 7,b7 enhance the management of new modes of mobility2 7,c7 enable the use of innovative planning tools2 7,d7 enable single payment systems for all mobility on demand services2 7,e7 establish metropolitan planning organization1 ,state1 and local government access to anonymized data for transportation planning1 real time operations data1 and rules2 7,f7 safeguard personally identifiable information2 7,g7 protect confidential business information2 and 7,h7 enhance cybersecurity protections4 7#c7 ,prohibition on for profit activity ,any data received by an entity under this subsection may not be sold1 leased1 or otherwise used to generate profit1 except for the direct provision of the related mobility on demand services and mobility as a service4 7#d7 ,committee ,a negotiated rulemaking committee established pursuant to section #efe of title #e to carry out this subsection shall have a maximum of #ag members limited to representatives of the ,department of ,transportation1 ,state and local governments1 metropolitan planning organizations1 urban and rural covered recipients1 associations that represent public transit agencies1 representatives from at least #c different organizations engaged in collective bargaining on behalf of transit workers in not fewer than #c ,states1 mobility on demand providers1 and mobility as a service technology providers4 7#e7 ,publication of proposed regulations ,proposed regulations to implement this section shall be published in the ,federal ,register by the ,secretary not later than #ah months after such date of enactment4 7#f7 ,extension of deadlines ,a deadline set forth in paragraph 7#d7 may be extended up to #ahj days if the negotiated rulemaking committee referred to in paragraph 7#e7 concludes that the committee cannot meet the deadline and the ,secretary so notifies the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7g7 ,application of recipient revenue vehicle miles ,with respect to revenue vehicle miles with one passenger of a covered recipient using amounts under this section1 such miles-- 7#a7 shall be included in the ,national ,transit ,database under section #ecce2 and 7#b7 shall be excluded from vehicle revenue miles data used in the calculation described in section #eccf4 7h7 ,savings clause ,subsection 7c77#b7 and subsection 7g7 shall not apply to any eligible activities under this section if such activities are-- 7#a7 being carried out in compliance with the ,americans with ,disabilities ,act of #aiij #bb7db ,u4,s4,c4 #abaja et seq472 or 7#b7 projects eligible under section #ecaj that exceed the requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7i7 ,definitions ,in this section3 7#a7 ,deadhead vehicle miles ,the term deadhead vehicle miles means the miles that a vehicle travels when out of revenue service1 including leaving or returning to the garage or yard facility1 changing routes1 when there is no expectation of carrying revenue passengers1 and any miles traveled by a private operator without a passenger4 7#b7 ,mobility as a service ,the term mobility as a service means services that constitute the integration of mobility on demand services and public transportation that are available and accessible to all travelers1 provide multimodal trip planning1 and a unified payment system4 7#c7 ,mobility on demand ,the term mobility on demand means an on-demand transportation service shared among individuals1 either concurrently or one after another4 7#d7 ,covered recipient ,the term covered recipient means a ,state or local government entity1 private nonprofit organization1 or ,tribe that-- 7,a7 operates a public transportation service2 and 7,b7 is a recipient or subrecipient of funds under section #ecjg1 #ecaj1 or #ecaa4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecae the following new item3 #ecaf4 ,mobility innovation4 4 7c7 ,effective date ,this section and the amendments made by this section shall take effect on the date on which the ,secretary has finalized both-- 7#a7 the guidance required under section #ecaf7;c7 of title #di1 ,united ,states ,code2 and 7#b7 the regulations required under section #ecaf7;f7 of title #di1 ,united ,states ,code4 #bbjd4 ,formula grants for rural areas ,section #ecaa of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b7 by adding at the end the following3 7,d7 ,census designation ,the ,secretary may approve a ,state program that allocates not more than #e percent of such ,state's apportionment to assist rural areas that were redesignated as urban areas not more than #b fiscal years after the last census designation of urbanized area boundaries4 2 and 7,b7 in paragraph 7#c7 by striking section #ecch7;a77#b77;,f7 and inserting section #ecch7;a77#b77;,e72 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7 by striking section #ecch7;a77#b77;,f7 and inserting section #ecch7;a77#b77;,e72 7ii7 in subparagraph 7,a7 by striking #e1jjj1jjj and inserting #aj1jjj1jjj2 and 7iii7 in subparagraph 7,b7 by striking #cj1jjj1jjj and inserting the amount remaining under section #ecch7;a77#b77;,e77i7 after the amount under subparagraph 7,a7 is distributed2 7,b7 in paragraph 7#b77;,c7 by striking section #ecch7;a77#b77;,f7 and inserting section #ecch7;a77#b77;,e72 and 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7 by striking section #ecch7;a77#b77;,f7 and inserting section #ecch7;a77#b77;,e72 and 7ii7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 ,land area 7i7 ,in general ,subject to clause 7ii71 each ,state shall receive an amount that is equal to #ae percent of the amount apportioned under this paragraph1 multiplied by the ratio of the land area in rural areas in that ,state and divided by the land area in all rural areas in the ,united ,states1 as shown by the most recent decennial census of population4 7ii7 ,maximum apportionment ,no ,state shall receive more than #e percent of the amount apportioned under clause 7i74 7,c7 ,population ,each ,state shall receive an amount equal to #ej percent of the amount apportioned under this paragraph1 multiplied by the ratio of the population of rural areas in that ,state and divided by the population of all rural areas in the ,united ,states1 as shown by the most recent decennial census of population4 7,d7 ,vehicle revenue miles 7i7 ,in general ,subject to clause 7ii71 each ,state shall receive an amount that is equal to #be percent of the amount apportioned under this paragraph1 multiplied by the ratio of vehicle revenue miles in rural areas in that ,state and divided by the vehicle revenue miles in all rural areas in the ,united ,states1 as determined by national transit database reporting4 7ii7 ,maximum apportionment ,no ,state shall receive more than #e percent of the amount apportioned under clause 7i74 7,e7 ,low-income individuals ,each ,state shall receive an amount that is equal to #aj percent of the amount apportioned under this paragraph1 multiplied by the ratio of low-income individuals in rural areas in that ,state and divided by the number of low-income individuals in all rural areas in the ,united ,states1 as shown by the ,bureau of the ,census4 2 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by inserting ,a ,state may expend funds to continue service into another ,state to extend a route4 before ,eligible activities under2 and 7,b7 in paragraph 7#b7 by inserting and makes the certification and supporting documents publicly available before the period at the end2 and 7#d7 in subsection 7g7 by adding at the end the following3 7#f7 ,allowance for volunteer hours 7,a7 ,applicable regulations ,for any funds provided by a department or agency of the ,government under paragraph 7#c77;,d7 or by a service agreement under paragraph 7#c77;,c71 and such department or agency has regulations in place that provide for the valuation of volunteer hours as allowable in-kind contributions toward the non-,federal share of project costs1 such regulations shall be used to determine the allowable valuation of volunteer hours as an in-kind contribution toward the non-,federal remainder of net project costs for a transit project funded under this section4 7,b7 ,limitations ,subparagraph 7,a7 shall not apply to the provision of fixed-route bus services funded under this section4 4 #bbje4 ,one-stop paratransit program ,section #ecaj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,one-,stop paratransit program 7#a7 ,in general ,not later than #f months after the date of enactment of this subsection1 the ,secretary shall establish a one-stop paratransit competitive grant program to encourage an extra stop in non-fixed route ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 service for a paratransit rider to complete essential tasks4 7#b7 ,preference ,the ,secretary shall give preference to eligible recipients that-- 7,a7 have comparable data for the year prior to implementation of the grant program and made available to the ,secretary1 academic and nonprofit organizations for research purposes2 and 7,b7 plan to use agency personnel to implement the pilot program4 7#c7 ,application criteria ,to be eligible to participate in the grant program1 an eligible recipient shall submit to the ,secretary an application containing such information as the ,secretary may require1 including information on-- 7,a7 locations the eligible entity intends to allow a stop at1 if stops are limited1 including-- 7i7 childcare or education facilities2 7ii7 pharmacies2 7iii7 grocery stores2 and 7iv7 bank or ,,atm locations2 7,b7 methodology for informing the public of the grant program2 7,c7 vehicles1 personnel1 and other resources that will be used to implement the grant program2 7,d7 if the applicant does not intend the grant program to apply to the full area under the jurisdiction of the applicant1 a description of the geographic area in which the applicant intends the grant program to apply2 and 7,e7 the anticipated amount of increased operating costs4 7#d7 ,selection ,the ,secretary shall seek to achieve diversity of participants in the grant program by selecting a range of eligible entities that includes at least-- 7,a7 #e eligible recipients that serve an area with a population of #ej1jjj to #bjj1jjj2 7,b7 #aj eligible recipients that serve an area with a population of over #bjj1jjj2 and 7,c7 #e eligible recipients that provide transportation for rural communities4 7#e7 ,data-sharing criteria ,an eligible recipient in this subsection shall provide data as the ,secretary requires1 including-- 7,a7 number of ,,ada paratransit trips conducted each year2 7,b7 requested time of each paratransit trip2 7,c7 scheduled time of each paratransit trip2 7,d7 actual pickup time for each paratransit trip2 7,e7 average length of a stop in the middle of a ride as allowed by this subsection2 7,f7 any complaints received by a paratransit rider2 7,g7 rider satisfaction with paratransit services2 and 7,h7 after the completion of the grant1 an assessment by the eligible recipient of its capacity to continue a one-stop program independently4 7#f7 ,report 7,a7 ,in general ,the ,secretary shall make publicly available an annual report on the program carried out under this subsection for each fiscal year1 not later than ,december #ca of the calendar year in which such fiscal year ends4 7,b7 ,contents ,the report required under subparagraph 7,a7 shall include a detailed description of the activities carried out under the program1 and an evaluation of the program1 including an evaluation of the data shared by eligible recipients under paragraph 7#e74 4 ,c ,buy ,america and ,other ,procurement ,reforms #bcja4 ,buy ,america 7a7 ,buy ,america 7#a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting before section #ecba the following3 #ecbj4 ,buy ,america 7a7 ,in general ,the ,secretary may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel1 iron1 and manufactured goods used in the project are produced in the ,united ,states4 7b7 ,waiver ,the ,secretary may waive subsection 7a7 if the ,secretary finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 the steel1 iron1 and goods produced in the ,united ,states are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality2 7#c7 when procuring rolling stock 7including train control1 communication1 traction power equipment1 and rolling stock prototypes7 under this chapter-- 7,a7 the cost of components and subcomponents produced in the ,united ,states is more than #gj percent of the cost of all components of the rolling stock2 and 7,b7 final assembly of the rolling stock has occurred in the ,united ,states2 or 7#d7 including domestic material will increase the cost of the overall project by more than #be percent4 7c7 ,written waiver determination and annual report 7#a7 ,waiver procedure ,not later than #abj days after the submission of a request for a waiver1 the ,secretary shall make a determination under subsection 7b77#a71 7b77#b71 or 7b77#d7 as to whether to waive subsection 7a74 7#b7 ,public notification and comment 7,a7 ,in general ,not later than #cj days before making a determination regarding a waiver described in paragraph 7#a71 the ,secretary shall provide notification and an opportunity for public comment on the request for such waiver4 7,b7 ,notification requirements ,the notification required under subparagraph 7,a7 shall-- 7i7 describe whether the application is being made for a waiver described in subsection 7b77#a71 7b77#b7 or 7b77#d72 and 7ii7 be provided to the public by electronic means1 including on the public website of the ,department of ,transportation4 7#c7 ,determination ,before a determination described in paragraph 7#a7 takes effect1 the ,secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph 7#b7-- 7,a7 on the public website of the ,department of ,transportation2 and 7,b7 if the ,secretary issues a waiver with respect to such determination1 in the ,federal ,register4 7#d7 ,annual report ,annually1 the ,secretary shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report listing any waiver issued under paragraph 7#a7 during the preceding year4 7d7 ,rolling stock waiver conditions 7#a7 ,labor costs for final assembly ,in this section1 highly skilled labor costs involved in final assembly shall be included as a separate component in the cost of components and subcomponents under subsection 7b77#c77;,a74 7#b7 ,high domestic content component bonus ,in this section1 in calculating the domestic content of the rolling stock under subsection 7b77#c71 the percent1 rounded to the nearest whole number1 of the domestic content in components of such rolling stock1 weighted by cost1 shall be used in calculating the domestic content of the rolling stock1 except-- 7,a7 with respect to components that exceed-- 7i7 #gj percent domestic content1 the ,secretary shall add #aj additional percent to the component's domestic content when calculating the domestic content of the rolling stock2 and 7ii7 #ge percent domestic content1 the ,secretary shall add #ae additional percent to the component's domestic content when calculating the domestic content of the rolling stock2 and 7,b7 in no case may a component exceed #ajj domestic content when calculating the domestic content of the rolling stock4 7#c7 ,rolling stock frames or car shells 7,a7 ,inclusion of costs ,subject to the substantiation requirement of subparagraph 7,b71 in carrying out1 in calculating the cost of the domestic content of the rolling stock under subsection 7b77#c71 in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than #cjj1jjj1 if rolling stock frames or car shells are not produced in the ,united ,states1 the ,secretary shall include in the calculation of the domestic content of the rolling stock the cost of the steel or iron that is produced in the ,united ,states and used in the rolling stock frames or car shells4 7,b7 ,substantiation ,if a rolling stock vehicle manufacturer wishes to include in the calculation of the vehicle's domestic content the cost of steel or iron produced in the ,united ,states and used in the rolling stock frames and car shells that are not produced in the ,united ,states1 the manufacturer shall maintain and provide upon request a mill certification that substantiates the origin of the steel or iron4 7#d7 ,treatment of waived components and subcomponents ,in this section1 a component or subcomponent waived under subsection 7b7 shall be excluded from any part of the calculation required under subsection 7b77#c77;,a74 7#e7 ,zero-emission vehicle domestic battery cell incentive ,the ,secretary shall provide an additional #b4e percent of domestic content to the total rolling stock domestic content percentage calculated under this section for any zero-emission vehicle that uses only battery cells for propulsion that are manufactured domestically4 7#f7 ,prohibition on double counting 7,a7 ,in general ,no labor costs included in the cost of a component or subcomponent by the manufacturer of rolling stock may be treated as rolling stock assembly costs for purposes of calculating domestic content4 7,b7 ,violation ,a violation of this paragraph shall be treated as a false claim under subchapter ,,iii of chapter #cg of title #ca4 7#g7 ,definition of highly skilled labor costs ,in this subsection1 the term highly skilled labor costs-- 7,a7 means the apportioned value of direct wage compensation associated with final assembly activities of workers directly employed by a rolling stock original equipment manufacturer and directly associated with the final assembly activities of a rolling stock vehicle that advance the value or improve the condition of the end product2 7,b7 does not include any temporary or indirect activities or those hired via a third-party contractor or subcontractor2 7,c7 are limited to metalworking1 fabrication1 welding1 electrical1 engineering1 and other technical activities requiring training2 7,d7 are not otherwise associated with activities required under section #ffa4aa of title #di1 ,code of ,federal ,regulations2 and 7,e7 includes only activities performed in the ,united ,states and does not include that of foreign nationals providing assistance at a ,united ,states manufacturing facility4 7e7 ,certification of domestic supply and disclosure 7#a7 ,certification of domestic supply ,if the ,secretary denies an application for a waiver under subsection 7b71 the ,secretary shall provide to the applicant a written certification that-- 7,a7 the steel1 iron1 or manufactured goods1 as applicable1 7referred to in this paragraph as the item7 is produced in the ,united ,states in a sufficient and reasonably available amount2 7,b7 the item produced in the ,united ,states is of a satisfactory quality2 and 7,c7 includes a list of known manufacturers in the ,united ,states from which the item can be obtained4 7#b7 ,disclosure ,the ,secretary shall disclose the waiver denial and the written certification to the public in an easily identifiable location on the website of the ,department of ,transportation4 7f7 ,waiver prohibited ,the ,secretary may not make a waiver under subsection 7b7 for goods produced in a foreign country if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 decides that the government of that foreign country-- 7#a7 has an agreement with the ,united ,states ,government under which the ,secretary has waived the requirement of this section2 and 7#b7 has violated the agreement by discriminating against goods to which this section applies that are produced in the ,united ,states and to which the agreement applies4 7g7 ,penalty for mislabeling and misrepresentation ,a person is ineligible under subpart #i4d of the ,federal ,acquisition ,regulation1 or any successor thereto1 to receive a contract or subcontract made with amounts authorized under title ,,ii of the ,,invest in ,america ,act if a court or department1 agency1 or instrumentality of the ,government decides the person intentionally-- 7#a7 affixed a ,made in ,america label1 or a label with an inscription having the same meaning1 to goods sold in or shipped to the ,united ,states that are used in a project to which this section applies but not produced in the ,united ,states2 or 7#b7 represented that goods described in paragraph 7#a7 were produced in the ,united ,states4 7h7 ,state requirements ,the ,secretary may not impose any limitation on assistance provided under this chapter that restricts a ,state from imposing more stringent requirements than this subsection on the use of articles1 materials1 and supplies mined1 produced1 or manufactured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those ,state-imposed requirements4 7i7 ,opportunity ,to correct inadvertent error ,the ,secretary may allow a manufacturer or supplier of steel1 iron1 or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification 7but not including failure to sign the certification7 under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error4 ,the burden of establishing inadvertent or clerical error is on the manufacturer or supplier4 7j7 ,administrative review ,a party adversely affected by an agency action under this subsection shall have the right to seek review under section #gjb of title #e4 7k7 ,steel and iron ,for purposes of this section1 steel and iron meeting the requirements of section #ffa4e7;b7 of title #di1 ,code of ,federal ,regulations1 may be considered produced in the ,united ,states4 7l7 ,definition of small purchase ,for purposes of determining whether a purchase qualifies for a general public interest waiver under subsection 7b77#a71 including under any regulation promulgated under such subsection1 the term small purchase means a purchase of not more than #aej1jjj4 7m7 ,preaward and postdelivery review of rolling stock purchases 7#a7 ,in general ,the ,secretary shall prescribe regulations requiring a preaward and postdelivery certification of a rolling stock vehicle that meets the requirements of this section and ,government motor vehicle safety requirements to be eligible for a grant under this chapter4 ,for compliance with this section-- 7,a7 ,federal inspections and review are required2 7,b7 a manufacturer certification is not sufficient2 and 7,c7 a rolling stock vehicle that has been certified by the ,secretary remains certified until the manufacturer makes a material change to the vehicle1 or adjusts the cost of all components of the rolling stock1 that reduces1 by more than half1 the percentage of domestic content above #gj percent4 7#b7 ,certification of percentage ,the ,secretary may1 at the request of a component or subcomponent manufacturer1 certify the percentage of domestic content and place of manufacturing for a component or subcomponent4 7#c7 ,freedom of information act ,in carrying out this subsection1 the ,secretary shall consistently apply the provisions of section #eeb of title #e1 including subsection 7b77#d7 of such section4 7#d7 ,noncompliance ,the ,secretary shall prohibit recipients from procuring rolling stock1 components1 or subcomponents from a supplier that intentionally provides false information to comply with this subsection4 7n7 ,scope ,the requirements of this section apply to all contracts for a public transportation project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source of such contracts1 if at least one contract for the public transportation project is funded with amounts made available to carry out this chapter4 7o7 ,buy ,america conformity ,the ,secretary shall ensure that all ,federal funds for new commuter rail projects shall comply with this section and shall not be subject to section #bbije7;a74 7p7 ,audits and reporting of waste1 fraud1 and abuse 7#a7 ,in general ,the ,inspector ,general of the ,department of ,transportation shall conduct an annual audit on certifications under subsection 7m7 regarding compliance with ,buy ,america4 7#b7 ,report fraud1 waste1 and abuse ,the ,secretary shall display a ,report ,fraud1 ,waste1 and ,abuse button and link to ,department of ,transportation's ,office of ,inspector ,general ,hotline on the ,federal ,transit ,administration's ,buy ,america landing page4 7#c7 ,contract requirement ,the ,secretary shall require all recipients who enter into contracts to purchase rolling stock with funds provided under this chapter to include in such contract information on how to contact the ,department of ,transportation's ,office of ,inspector ,general ,hotline to report suspicions of fraud1 waste1 and abuse4 7q7 ,passenger motor vehicles 7#a7 ,in general ,any domestically manufactured passenger motor vehicle shall be considered to be produced in the ,united ,states under this section4 7#b7 ,domestically manufactured passenger motor vehicle ,in this subsection1 the term domestically manufactured passenger motor vehicle means any passenger motor vehicle1 as such term is defined in section #cbcjd7;a7 that-- 7,a7 has under section #cbcjd7;b77#a77;,b7 its final assembly place in the ,united ,states2 and 7,b7 the percentage 7by value7 of passenger motor equipment under section #cbcjd7;b77#a77;,a7 equals or exceeds #fj percent value added4 7r7 ,rolling stock components and subcomponents ,no component or subcomponent of rolling stock shall be treated as produced in the ,united ,states for purposes of subsection 7b77#c7 or determined to be of domestic origin under section #ffa4aa of title #di1 ,code of ,federal ,regulations1 if the material inputs of such component or subcomponent were imported into the ,united ,states and the operations performed in the ,united ,states on the imported articles would not result in a change in the article's classification to chapter #hf or #hg of the ,harmonized ,tariff ,schedule of the ,united ,states from another chapter or a new heading of any chapter from the heading under which the article was classified upon entry4 7s7 ,treatment of steel and iron components as produced in the ,united ,states ,notwithstanding any other provision of any law or any rule1 regulation1 or policy of the ,federal ,transit ,administration1 steel and iron components of a system1 as defined in section #ffa4c of title #di1 ,code of ,federal ,regulations1 and of manufactured end products referred to in ,appendix ,a of such section1 may not be considered to be produced in the ,united ,states unless such components meet the requirements of section #ffa4e7;b7 of title #di1 ,code of ,federal ,regulations4 7t7 ,requirement for transit agencies ,notwithstanding the provisions of this section1 if a transit agency accepts ,federal funds1 such agency shall adhere to the ,buy ,america provisions set forth in this section when procuring rolling stock4 4 7#b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting before the item relating to section #ecba the following3 #ecbj4 ,buy ,america4 4 7#c7 ,conforming amendments 7,a7 ,technical assistance and workforce development ,section #ecad7;a77#b77;,g7 of title #di1 ,united ,states ,code1 is amended by striking sections #ecbc7;j7 and #ecbc7m7 and inserting section #ecbj4 7,b7 ,urbanized area formula grants ,section #ecjg7;c77#a77;,e7 of title #di1 ,united ,states ,code1 is amended by inserting 1 #ecbj1 after #ecbc4 7,c7 ,innovative procurement ,section #cjai7;c77#b77;,e77ii7 of the ,,fast ,act 7#di ,u4,s4,c4 #ecbe note7 is amended by striking #ecbc7;j7 and inserting #ecbj4 7b7 ,bus rolling stock ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to revise ,appendix ,b and ,appendix ,d of section #ffa4aa of title #di1 ,code of ,federal ,regulations1 with respect to bus rolling stock to maximize job creation and align such section with modern manufacturing techniques4 7c7 ,rail rolling stock ,not later than #cj months after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to revise subsections 7t71 7u71 and 7v7 of section #ffa4aa of title #di1 ,code of ,federal ,regulations1 with respect to rail rolling stock to maximize job creation and align such section with modern manufacturing techniques4 7d7 ,rule of applicability 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to any contract entered into on or after the date of enactment of this ,act4 7#b7 ,delayed applicability of certain provisions ,contracts described in paragraph 7#a7 shall be subject to the following delayed applicability requirements3 7,a7 ,section #ecbj7m77#b7 shall apply to contracts entered into on or after the date that is #cj days after the date of enactment of this ,act4 7,b7 ,notwithstanding subparagraph 7,a71 section #ecbj7m7 shall apply to contracts for the procurement of bus rolling stock beginning on the earlier of-- 7i7 #ahj days after the date on which final regulations are issued pursuant to subsection 7b72 or 7ii7 the date that is #a year after the date of enactment of this ,act4 7,c7 ,notwithstanding subparagraph 7,a71 section #ecbj7m7 shall apply to contracts for the procurement of rail rolling stock beginning on the earlier of-- 7i7 #ahj days after the date on which final regulations are issued pursuant to subsection 7c72 or 7ii7 the date that is #b years after the date of enactment of this ,act4 7,d7 ,section #ecbj7p77#a7 shall apply on the date that is #a year after the latest of the application dates described in subparagraphs 7,a7 through 7,c74 7#c7 ,special rule for certain contracts ,for any contract described in paragraph 7#a7 for which the delivery for the first production vehicle occurs before ,october #a1 #bjbd1 paragraphs 7#a7 and 7#d7 of section #ecbj7;d7 shall not apply4 7#d7 ,special rule for battery cell incentives ,for any contract described in paragraph 7#a7 for which the delivery for the first production vehicle occurs before ,october #a1 #bjbb1 section #ecbj7;d77#e7 shall not apply4 7e7 ,special rule for domestic content ,for the calculation of the percent of domestic content calculated under section #ecbj7;d77#b7 for a contract for rolling stock entered into on or after ,october #a1 #bjbj-- 7#a7 if the delivery of the first production vehicle occurs in fiscal year #bjbb or fiscal year #bjbc1 for components that exceed #gj percent domestic content1 the ,secretary shall add #bj additional percent to the component's domestic content2 and 7#b7 if the delivery of the first production vehicle occurs in fiscal year #bjbd or fiscal year #bjbe-- 7,a7 for components that exceed #gj percent but do not exceed #ge percent domestic content1 the ,secretary shall add #ae additional percent to the component's domestic content2 or 7,b7 for components that exceed #ge percent domestic content1 the ,secretary shall add #bj additional percent to the component's domestic content4 #bcjb4 ,bus procurement streamlining ,section #ecbc of title #di1 ,united ,states ,code1 as is amended by adding at the end the following3 7x7 ,bus procurement streamlining 7#a7 ,in general ,the ,secretary may only obligate amounts for acquisition of buses under this chapter to a recipient that issues a request for proposals for an open market procurement that meets the following criteria3 7,a7 ,such request for proposals is limited to performance specifications1 except for components or subcomponents identified in the negotiated rulemaking carried out pursuant to this subsection4 7,b7 ,such request for proposals does not seek any alternative design or manufacture specification of a bus offered by a manufacturer1 except to require a component or subcomponent identified in the negotiated rulemaking carried out pursuant to this subsection4 7#b7 ,specific bus component negotiated rulemaking 7,a7 ,initiation ,not later than #abj days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall initiate procedures under subchapter ,,iii of chapter #e of title #e to negotiate and issue such regulations as are necessary to establish as limited a list as is practicable of bus components and subcomponents described in subparagraph 7,b74 7,b7 ,list of components ,the regulations required under subparagraph 7,a7 shall establish a list of bus components and subcomponents that may be specified in a request for proposals described in paragraph 7#a7 by a recipient4 ,the ,secretary shall ensure the list is limited in scope and limited to only components and subcomponents that cannot be selected with performance specifications to ensure interoperability4 7,c7 ,publication of proposed regulations ,proposed regulations to implement this section shall be published in the ,federal ,register by the ,secretary not later than #ah months after such date of enactment4 7,d7 ,committee ,a negotiated rulemaking committee established pursuant to section #efe of title #e to carry out this paragraph shall have a maximum of #aa members limited to representatives of the ,department of ,transportation1 urban and rural recipients 7including ,state government recipients71 and transit vehicle manufacturers4 7,e7 ,extension of deadlines ,a deadline set forth in subparagraph 7,c7 may be extended up to #ahj days if the negotiated rulemaking committee referred to in subparagraph 7,d7 concludes that the committee cannot meet the deadline and the ,secretary so notifies the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#c7 ,savings clause ,nothing in this section shall be construed to provide additional authority for the ,secretary to restrict what a bus manufacturer offers to sell to a public transportation agency4 4 #bcjc4 ,bus testing facility ,section #ecah of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,testing schedule ,the ,secretary shall-- 7#a7 determine eligibility of a bus manufacturer's request for testing within #aj business days2 7#b7 make publicly available the current backlog 7in months7 to begin testing a new bus at the bus testing facility2 and 7#c7 designate ,the ,ohio ,state ,university as the autonomous and advanced driver-assistance systems test development facility for all bus testing with autonomous or advanced driver-assistance systems technology and ,the ,ohio ,state ,university will also serve as the over-flow new model bus testing facility to ,altoona4 4 #bcjd4 ,repayment requirement 7a7 ,in general ,a transit agency shall repay into the general fund of the ,treasury all funds received from the ,federal ,transit ,administration under the heading ,federal ,transit ,administration1 ,transit ,infrastructure ,grants under the ,,cares ,act 7,public ,law #aaf-acf7 if any portion of the funding was used to award a contract or subcontract to an entity for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock-- 7#a7 is incorporated in or has manufacturing facilities in the ,united ,states2 and 7#b7 is owned or controlled by1 is a subsidiary of1 or is otherwise related legally or financially to a corporation based in a country that-- 7,a7 is identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of this subsection2 7,b7 was identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 and 7,c7 is subject to monitoring by the ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 7b7 ,certification ,not later than #fj days after the date of enactment of this section1 a transit agency that received funds pursuant to the ,,cares ,act 7,public ,law #aaf-acf7 shall certify that the agency has not and shall not use such funds to purchase rolling stock described in subsection 7a74 ,repayment shall also be required for any such agency that fails to certify in accordance with the preceding sentence4 #bcje4 ,definition of urbanized areas following a major disaster 7a7 ,in general ,section #ecbc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7y7 ,urbanized areas following a major disaster 7#a7 ,defined term ,in this subsection1 the term decennial census date has the meaning given the term in section #ada7;a7 of title #ac4 7#b7 ,urbanized area major disaster population criteria ,notwithstanding section #ecjb1 for purposes of this chapter1 the ,secretary shall treat an area as an urbanized area for the period described in paragraph 7#c7 if-- 7,a7 a major disaster was declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 for the area during the #c-year period preceding the decennial census date for the #bjaj decennial census or for any subsequent decennial census2 7,b7 the area was defined and designated as an urbanized area by the ,secretary of ,commerce in the decennial census immediately preceding the major disaster described in subparagraph 7,a72 and 7,c7 the population of the area fell below #ej1jjj as a result of the major disaster described in subparagraph 7,a74 7#c7 ,covered period ,the ,secretary shall treat an area as an urbanized area under paragraph 7#b7 during the period-- 7,a7 beginning on-- 7i7 in the case of a major disaster described in paragraph 7#b77;,a7 that occurred during the #c-year period preceding the decennial census date for the #bjaj decennial census1 ,october #a of the first fiscal year that begins after the date of enactment of this subsection2 or 7ii7 in the case of any other major disaster described in paragraph 7#b77;,a71 ,october #a of the first fiscal year-- 7,i7 that begins after the decennial census date for the first decennial census conducted after the major disaster2 and 7,,ii7 for which the ,secretary has sufficient data from that census to determine that the area qualifies for treatment as an urbanized area under paragraph 7#b72 and 7,b7 ending on the day before the first fiscal year-- 7i7 that begins after the decennial census date for the second decennial census conducted after the major disaster described in paragraph 7#b77;,a72 and 7ii7 for which the ,secretary has sufficient data from that census to determine which areas are urbanized areas for purposes of this chapter4 7#d7 ,population calculation ,an area treated as an urbanized area under this subsection shall be assigned the population and square miles of the urbanized area designated by the ,secretary of ,commerce in the most recent decennial census conducted before the major disaster described in paragraph 7#b77;,a74 7#e7 ,savings provision ,nothing in this subsection may be construed to affect apportionments made under this chapter before the date of enactment of this subsection4 4 7b7 ,amendment takes effect on enactment ,notwithstanding section #ajja1 the amendment made by subsection 7a7 shall take effect on the date of enactment of this ,act4 #bcjf4 ,special rule for certain rolling stock procurements 7a7 ,certification ,section #ecbc7u77#d7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the heading of subparagraph 7,a7 by striking rail2 and 7#b7 by adding at the end the following3 7,c7 ,nonrail rolling stock ,notwithstanding subparagraph 7,b7 of paragraph 7#e71 as a condition of financial assistance made available in a fiscal year under section #ecci1 a recipient shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rolling stock for use in public transportation with a rolling stock manufacturer described in paragraph 7#a74 4 7b7 ,special ,rule ,section #ecbc7u77#e77;,a7 of title #di1 ,united ,states ,code1 7as redesignated by this ,act7 is amended by striking made by a public transportation agency with a rail rolling stock manufacturer described in paragraph 7#a7 and inserting as of ,december #bj1 #bjai1 including options and other requirements tied to these contracts or subcontracts1 made by a public transportation agency with a restricted rail rolling stock manufacturer4 #bcjg4 ,certification requirements 7a7 ,limitation of treatment of domestic or ,u4,s4 origin ,notwithstanding any other provision of any law or any rule1 regulation1 or policy of the ,administration1 including part #ffa of title #di1 ,code of ,federal ,regulations1 no article1 material1 or supply1 shall be treated as a component of ,u4,s4 origin for purposes of section #ffa4e of title #di1 ,code of ,federal ,regulations1 or a component or subcomponent of domestic origin for purposes of section #ffa4aa of title #di1 ,code of ,federal ,regulations1 if-- 7#a7 it contains any material inputs manufactured or supplied by entities that-- 7,a7 are subject to relief authorized under the fair trade laws of the ,united ,states1 including subtitle ,b of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgc et seq47 and subtitle ,a of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq472 7,b7 are owned or controlled by entities subject to ,united ,states sanctions2 or 7,c7 are entities owned by a foreign government1 closely linked to or in partnership with a foreign government or whose directors or organizational and board leadership include any person serving in any capacity in the defense apparatus of another nation2 7#b7 it contains or uses covered telecommunications equipment or services as that term is defined by section #hhi of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb72 or 7#c7 it is of a class or category of products and was produced by a manufacturer or an affiliate of such a manufacturer found to have violated ,united ,states intellectual property laws1 including trade secret theft under section #ahcb7;a77#e7 of title #ah1 ,united ,states ,code1 found to have committed economic espionage under section #ahc;,j7a77#e7 of such title1 or deemed to have infringed the intellectual property rights of any person in the ,united ,states4 7b7 ,certification ,if buses or other rolling stock are being procured1 the ,administrator of the ,federal ,transit ,administration shall require as a condition of responsiveness that each bidder certify that no component1 subcomponent1 article1 material1 or supply described in subparagraphs 7,a7 through 7,c7 of subsection 7a77#a7 of this section is incorporated in or used by the rolling stock that is offered by the bidder4 #bcjh4 ,spare ratio waiver ,section #ecbc of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7z7 ,spare ratio waiver ,the ,federal ,transit ,administration shall waive spare ratio policies for rolling stock found in ,,fta ,grant ,management ,requirements ,circular #ejaj4a1 ,,fta ,circular #ijcj4a providing ,urbanized ,area ,formula ,program guidance1 and other guidance documents for #b years from the date of enactment of this ,act4 4 ,d ,bus ,grant ,reforms #bdja4 ,formula grants for buses ,section #ecci7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting and subsection 7d7 after ,in this subsection2 7,b7 in subparagraph 7,a7 by striking term low or no emission vehicle has and inserting term zero emission vehicle has2 7,c7 in subparagraph 7,b7 by inserting and the ,district of ,columbia after ,united ,states2 and 7,d7 in subparagraph 7,c7 by striking the ,district of ,columbia12 7#b7 in paragraph 7#b77;,a7 by striking low or no emission vehicles and inserting zero emission vehicles2 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7 by inserting and subsection 7d7 after this subsection2 and 7,b7 in subparagraph 7,b7 by inserting and subsection 7d7 after this subsection2 7#d7 in paragraph 7#e77;,a7-- 7,a7 by striking #ij1ejj1jjj and inserting #aef1gej1jjj2 7,b7 by striking #bjaf through #bjbj and inserting #bjbb through #bjbe2 7,c7 by striking #a1gej1jjj and inserting #c1jjj1jjj2 and 7,d7 by striking #ejj1jjj and inserting #gej1jjj2 7#e7 in paragraph 7#g7 by adding at the end the following3 7,c7 ,special rule for buses and related equipment for zero emission vehicles ,notwithstanding subparagraph 7,a71 a grant for a capital project for buses and related equipment for zero emission vehicles and hybrid electric buses1 that make meaningful reductions in energy consumption and harmful emissions1 including direct carbon emissions1 under this subsection shall be for #ij percent of the net capital costs of the project4 ,a recipient of a grant under this subsection may provide additional local matching amounts4 2 7#f7 in paragraph 7#h7 by striking #8#8#c fiscal years'' and inserting #8#8#d fiscal years'' and by striking #c-;fiscal-year period and inserting #d-;fiscal-year period2 and 7#g7 by striking paragraph 7#i74 #bdjb4 ,bus facilities and fleet expansion competitive grants ,section #ecci7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the heading by striking ,buses and bus facilities competitive grants and inserting ,bus facilities and fleet expansion competitive grants2 7#b7 in paragraph 7#a7-- 7,a7 by striking buses and2 7,b7 by inserting and certain buses after capital projects2 7,c7 in subparagraph 7,a7 by striking buses or related equipment and inserting bus-related facilities2 and 7,d7 by striking subparagraph 7,b7 and inserting the following3 7,b7 purchasing or leasing buses that will not replace buses in the applicant's fleet at the time of application and will be used to-- 7i7 increase the frequency of bus service2 or 7ii7 increase the service area of the applicant4 2 7#c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,grant considerations ,in making grants-- 7,a7 under subparagraph 7#a77;,a71 the ,secretary shall only consider-- 7i7 the age and condition of bus-related facilities of the applicant compared to all applicants and proposed improvements to the resilience 7as such term is defined in section #ecjb7 of such facilities2 7ii7 for a facility within or partially within the #ajj-year floodplain1 whether such facility will be at least #b feet above the base flood elevation2 and 7iii7 for a bus station1 the degree of multi-modal connections at such station2 and 7,b7 under paragraph 7#a77;,b71 the ,secretary shall consider the improvements to headway and projected new ridership4 2 and 7#d7 in paragraph 7#f7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,government share of costs 7i7 ,in general ,the ,government share of the cost of an eligible project carried out under this subsection shall not exceed #hj percent4 7ii7 ,special rule for buses and related equipment for zero emission vehicles ,notwithstanding clause 7i71 the ,government share of the cost of an eligible project for the financing of buses and related equipment for zero emission vehicles and hybrid electric buses1 that make meaningful reductions in energy consumption and harmful emissions1 including direct carbon emissions1 shall not exceed #ij percent4 4 #bdjc4 ,zero emission bus grants 7a7 ,in general ,section #ecci7;c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the heading by striking ,low or no emission grants and inserting ,zero emission grants2 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7i7 by striking low or no emission and inserting zero emission2 7ii7 in clause 7ii7 by striking low or no emission and inserting zero emission2 7iii7 in clause 7iii7 by striking low or no emission and inserting zero emission2 7iv7 in clause 7iv7 by striking facilities and related equipment for low or no emission and inserting related equipment for zero emission2 7v7 in clause 7v7 by striking facilities and related equipment for low or no emission vehicles2 and inserting related equipment for zero emission vehicles2 or2 7vi7 in clause 7vii7 by striking low or no emission and inserting zero emission2 7vii7 by striking clause 7vi72 and 7viii7 by redesignating clause 7vii7 as clause 7vi72 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 the term zero emission bus means a bus that is a zero emission vehicle2 2 7,c7 by striking subparagraph 7,e7 and inserting the following3 7,e7 the term zero emission vehicle means a vehicle used to provide public transportation that produces no carbon dioxide or particulate matter2 2 7,d7 in subparagraph 7,f7 by striking and at the end2 7,e7 by striking subparagraph 7,g7 and inserting the following3 7,g7 the term eligible area means an area that is-- 7i7 designated as a nonattainment area for ozone or particulate matter under section #ajg7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7;d772 7ii7 a maintenance area1 as such term is defined in section #ecjc1 for ozone or particulate matter2 or 7iii7 in a ,state that has enacted a statewide zero emission bus transition requirement1 as determined by the ,secretary2 and 2 and 7,f7 by adding at the end the following3 7,h7 the term low-income community means any population census tract if-- 7i7 the poverty rate for such tract is at least #bj percent2 or 7ii7 in the case of a tract-- 7,i7 not located within a metropolitan area1 the median family income for such tract does not exceed #hj percent of statewide median family income2 or 7,,ii7 located within a metropolitan area1 the median family income for such tract does not exceed #hj percent of the greater statewide median family income or the metropolitan area median family income4 2 and 7#c7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,grant eligibility ,in awarding grants under this subsection1 the ,secretary shall make grants to eligible projects relating to the acquisition or leasing of zero emission buses or bus facility improvements-- 7,a7 that procure-- 7i7 at least #aj zero emission buses2 7ii7 if the recipient operates less than #ej buses in peak service1 at least #e zero emission buses2 or 7iii7 hydrogen buses2 7,b7 for which the recipient's board of directors has approved a long-term integrated fleet management plan that-- 7i7 establishes a goal by a set date to convert the entire bus fleet to zero emission buses2 or 7ii7 establishes a goal that within #aj years from the date of approval of such plan the recipient will convert a set percentage of the total bus fleet of such recipient to zero emission buses2 and 7,c7 for which the recipient has performed a fleet transition study that includes optimal route planning and an analysis of how utility rates may impact the recipient's operations and maintenance budget4 7#g7 ,low and ,moderate ,community ,grants ,not less than #aj percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects serving predominantly low-income communities4 4 7b7 ,metropolitan transportation planning ,section #ecjc7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 ,maintenance area ,the term maintenance area has the meaning given the term in sections #aga7b7 and #age;,a of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7b72 #geje;a74 4 #bdjd4 ,restoration to state of good repair formula subgrant ,section #ecci of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,restoration to state of good repair formula subgrant 7#a7 ,general authority ,the ,secretary may make grants under this subsection to assist eligible recipients and subrecipients described in paragraph 7#b7 in financing capital projects to replace1 rehabilitate1 and purchase buses and related equipment4 7#b7 ,eligible recipients and subrecipients ,not later than ,september #a annually1 the ,secretary shall make public a list of eligible recipients and subrecipients based on the most recent data available in the ,national ,transit ,database to calculate the #bj percent of eligible recipients and subrecipients with the highest percentage of asset vehicle miles for buses beyond the useful life benchmark established by the ,federal ,transit ,administration4 7#c7 ,urban apportionments ,funds allocated under section #ecch7;a77#b77,l77ii7 shall be-- 7,a7 distributed to-- 7i7 designated recipients in an urbanized area with a population of more than #bjj1jjj made eligible by paragraph 7#a72 and 7ii7 ,states based on subrecipients made eligible by paragraph 7#a7 in an urbanized area under #bjj1jjj2 and 7,b7 allocated pursuant to the formula set forth in section #eccf other than subsection 7b71 using the data from the #bj percent of eligible recipients and subrecipients4 7#d7 ,rural allocation ,the ,secretary shall-- 7,a7 calculate the percentage of funds under section #ecch7;a77#b77,l77ii7 to allocate to rural subrecipients by dividing-- 7i7 the asset vehicle miles for buses beyond the useful life benchmark 7established by the ,federal ,transit ,administration7 of the rural subrecipients described in paragraph 7#b72 by 7ii7 the total asset vehicle miles for buses beyond such benchmark of all eligible recipients and subrecipients described in paragraph 7#b72 and 7,b7 prior to the allocation described in paragraph 7#c77;,b71 apportion to each ,state the amount of the total rural allocation calculated under subparagraph 7,a7 attributable to such ,state based the proportion that-- 7i7 the asset vehicle miles for buses beyond the useful life benchmark 7established by the ,federal ,transit ,administration7 for rural subrecipients described in paragraph 7#b7 in such ,state2 bears to 7ii7 the total asset vehicle miles described in subparagraph 7,a77i74 7#e7 ,application of other provisions ,paragraphs 7#c71 7#g71 and 7#h7 of subsection 7a7 shall apply to eligible recipients and subrecipients described in paragraph 7#b7 of a grant under this subsection4 7#f7 ,prohibition ,no eligible recipient or subrecipient outside the top #e percent of asset vehicle miles for buses beyond the useful life benchmark established by the ,federal ,transit ,administration may receive a grant in both fiscal year #bjbb and fiscal year #bjbc4 7#g7 ,requirement ,the ,secretary shall require-- 7,a7 ,states to expend1 to the benefit of the subrecipients eligible under paragraph 7#b71 the apportioned funds attributed to such subrecipients2 and 7,b7 designated recipients to provide the allocated funds to the recipients eligible under paragraph 7#b7 the apportioned funds attributed to such recipients4 4 ,e ,supporting ,all ,riders #beja4 ,low-income urban formula funds ,section #eccf7;j7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking #ge percent and inserting #ej percent2 7#b7 in paragraph 7#b7 by striking #be percent and inserting #ab4e percent2 and 7#c7 by adding at the end the following3 7#c7 #cj percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of #bjj1jjj or more in the ratio that-- 7,a7 the number of individuals in each such urbanized area residing in an urban census tract with a poverty rate of at least #bj percent during the #e years most recently ending2 bears to 7,b7 the number of individuals in all such urbanized areas residing in an urban census tract with a poverty rate of at least #bj percent during the #e years most recently ending2 and 7#d7 #g4e percent of the funds shall be apportioned among designated recipients for urbanized areas with a population less than #bjj1jjj in the ratio that-- 7,a7 the number of individuals in each such urbanized area residing in an urban census tract with a poverty rate of at least #bj percent during the #e years most recently ending2 bears to 7,b7 the number of individuals in all such areas residing in an urban census tract with a poverty rate of at least #bj percent during the #e years most recently ending4 4 #bejb4 ,rural persistent poverty formula ,section #ecaa of title #di1 ,united ,states ,code1 as amended in section #bbjd1 is further amended-- 7#a7 in subsection 7a7 by adding at the end the following3 7#c7 ,persistent poverty county ,the term persistent poverty county means any county with a poverty rate of at least #bj percent-- 7,a7 as determined in each of the #aiij and #bjjj decennial censuses2 7,b7 in the ,small ,area ,income and ,poverty ,estimates of the ,bureau of the ,census for the most recent year for which the estimates are available2 and 7,c7 has at least #be percent of its population in rural areas4 2 7#b7 in subsection 7b77#b77;,c77i7 by inserting and persistent poverty counties before the semicolon2 and 7#c7 in subsection 7c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,persistent poverty public transportation assistance program 7,a7 ,in general ,the ,secretary shall carry out a public transportation assistance program for areas of persistent poverty4 7,b7 ,apportionment ,of amounts made available or appropriated for each fiscal year under section #ecch7;a77#b77;,e77ii7 to carry out this paragraph1 the ,secretary shall apportion funds to recipients for service in1 or directly benefitting1 persistent poverty counties for any eligible purpose under this section in the ratio that-- 7i7 the number of individuals in each such rural area residing in a persistent poverty county2 bears to 7ii7 the number of individuals in all such rural areas residing in a persistent poverty county4 4 #bejc4 ,demonstration grants to support reduced fare transit ,section #ecab of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,demonstration grants ,to support reduced fare transit 7#a7 ,in general ,not later than #cjj days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall award grants 7which shall be known as ,access to ,jobs ,grants7 to eligible entities1 on a competitive basis1 to implement reduced fare transit service4 7#b7 ,notice ,not later than #ahj days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall provide notice to eligible entities of the availability of grants under paragraph 7#a74 7#c7 ,application ,to be eligible to receive a grant under this subsection1 an eligible recipient shall submit to the ,secretary an application containing such information as the ,secretary may require1 including1 at a minimum1 the following3 7,a7 ,a description of how the eligible entity plans to implement reduced fare transit access with respect to low-income individuals1 including any eligibility requirements for such transit access4 7,b7 ,a description of how the eligible entity will consult with local community stakeholders1 labor unions1 local education agencies and institutions of higher education1 public housing agencies1 and workforce development boards in the implementation of reduced fares4 7,c7 ,a description of the eligible entity's current fare evasion enforcement policies1 including how the eligible entity plans to use the reduced fare program to reduce fare evasion4 7,d7 ,an estimate of additional costs to such eligible entity as a result of reduced transit fares4 7,e7 ,a plan for a public awareness campaign of the transit agency's ability to provide reduced fares1 including in foreign languages1 based on-- 7i7 data from the ,bureau of the ,census and be consistent with the local area demographics where the transit agency operates and will include the languages that are most prevalent and commonly requested for translation services2 or 7ii7 qualitative and quantitative observation from community service providers including those that provide health and mental health services1 social services1 transportation1 and other relevant social services4 7#d7 ,grant duration ,grants awarded under this subsection shall be for a #b-year period4 7#e7 ,selection of eligible recipients ,in carrying out the program under this subsection1 the ,secretary shall award not more than #bj percent of grants to eligible entities located in rural areas4 7#f7 ,uses of funds ,an eligible entity receiving a grant under this subsection shall use such grant to implement a reduced fare transit program and offset lost fare revenue4 7#g7 ,rule of construction ,nothing in this section shall be construed to limit the eligibility of an applicant if a ,state1 local1 or ,tribal governmental entity provides reduced fair transportation to low-income individuals4 7#h7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means a ,state1 local1 or ,tribal governmental entity that operates a public transportation service and is a recipient or subrecipient of funds under this chapter4 7,b7 ,low-income individual ,the term low-income individual means an individual-- 7i7 that has qualified for-- 7,i7 any program of medical assistance under a ,state plan or under a waiver of the plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7,,ii7 supplemental nutrition assistance program 7,,snap7 under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7,,iii7 the program of block grants for ,states for temporary assistance for needy families 7,,tanf7 established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7,,iv7 the free and reduced price school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,v7 a housing voucher through section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o772 7,,vi7 benefits under the ,low-,income ,home ,energy ,assistance ,act of #aiha2 7,,vii7 special supplemental food program for women1 infants and children 7,,wic7 under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 or 7,,viii7 a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a72 or 7ii7 whose family income is at or below a set percent 7as determined by the eligible recipient7 of the poverty line 7as that term is defined in section #fgc7b7 of the ,community ,service ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b771 including any revision required by that section7 for a family of the size involved4 7#i7 ,report ,the ,secretary shall designate a university transportation center under section #eeje to collaborate with the eligible entities receiving a grant under this subsection to collect necessary data to evaluate the effectiveness of meeting the targets described in the application of such recipient1 including increased ridership and progress towards significantly closing transit equity gaps4 4 ,f ,supporting ,frontline ,workers and ,passenger ,safety #bfja4 ,national transit frontline workforce training center ,section #ecad7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,national transit frontline workforce training center 7,a7 ,establishment ,the ,secretary shall establish a national transit frontline workforce training center 7hereinafter referred to as the ,center7 and award grants to a nonprofit organization with a demonstrated capacity to develop and provide transit career pathway programs through labor-management partnerships and registered apprenticeships on a nationwide basis1 in order to carry out the duties under subparagraph 7,b74 ,the ,center shall be dedicated to the needs of the frontline transit workforce in both rural and urban transit systems by providing standards-based training in the maintenance and operations occupations4 7,b7 ,duties 7i7 ,in general ,in cooperation with the ,administrator of the ,federal ,transit ,administration1 public transportation authorities1 and national entities1 the ,center shall develop and conduct training and educational programs for frontline local transportation employees of recipients eligible for funds under this chapter4 7ii7 ,training and educational programs ,the training and educational programs developed under clause 7i7 may include courses in recent developments1 techniques1 and procedures related to-- 7,i7 developing consensus national training standards1 skills1 competencies1 and recognized postsecondary credentials in partnership with industry stakeholders for key frontline transit occupations with demonstrated skill gaps2 7,,ii7 developing recommendations and best practices for curriculum and recognized postsecondary credentials1 including related instruction and on-the-job learning for registered apprenticeship programs for transit maintenance and operations occupations2 7,,iii7 building local1 regional1 and statewide transit training partnerships to identify and address workforce skill gaps and develop skills1 competencies1 and recognized postsecondary credentials needed for delivering quality transit service and supporting employee career advancement2 7,,iv7 developing programs for training of transit frontline workers1 instructors1 mentors1 and labor-management partnership representatives1 in the form of classroom1 hands-on1 on-the-job1 and web-based training1 delivered at a national center1 regionally1 or at individual transit agencies2 7,v7 developing training programs for skills and competencies related to existing and emerging transit technologies1 including zero emission buses2 7,,vi7 developing improved capacity for safety1 security1 and emergency preparedness in local transit systems and in the industry as a whole through-- 7aa7 developing the role of the transit frontline workforce in building and sustaining safety culture and safety systems in the industry and in individual public transportation systems2 and 7bb7 training to address transit frontline worker roles in promoting health and safety for transit workers and the riding public2 7,,vii7 developing local transit capacity for career pathways programs with schools and other community organizations for recruiting and training under-represented populations as successful transit employees who can develop careers in the transit industry2 7,,viii7 in collaboration with the ,administrator of the ,federal ,transit ,administration1 the ,bureau of ,labor ,statistics1 the ,employment and ,training ,adminstration1 and organizations representing public transit agencies1 conducting and disseminating research to-- 7aa7 provide transit workforce job projections and identify training needs and gaps2 7bb7 determine the most cost-effective methods for transit workforce training and development1 including return on investment analysis2 7cc7 identify the most effective methods for implementing successful safety systems and a positive safety culture2 and 7dd7 promote transit workforce best practices for achieving cost-effective1 quality1 safe1 and reliable public transportation services2 and 7,,ix7 providing culturally competent training and educational programs to all who participate1 regardless of gender1 sexual orientation1 or gender identity1 including those with limited ,english proficiency1 diverse cultural and ethnic backgrounds1 and disabilities4 7,c7 ,coordination ,the ,secretary shall coordinate activities under this section1 to the maximum extent practicable1 with the ,employment and ,training ,administration1 including the ,national ,office of ,apprenticeship of the ,department of ,labor and the ,office of ,career1 ,technical1 and ,adult ,education of the ,department of ,education4 7,d7 ,availability of amounts 7i7 ,in general ,not more than #a percent of amounts made available to a recipient under sections #ecjg1 #ecaa1 #eccg1 and #ecci is available for expenditures by the recipient1 with the approval of the ,secretary1 to pay not more than #hj percent of the cost of eligible activities under this subsection4 7ii7 ,existing programs ,a recipient may use amounts made available under clause 7i7 to carry out existing local education and training programs for public transportation employees supported by the ,secretary1 the ,department of ,labor1 or the ,department of ,education4 7iii7 ,limitation ,any funds made available under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for1 or provided to1 a registered apprenticeship program1 including any funds awarded for the purposes of grants1 contracts1 or cooperative agreements1 or the development1 implementation1 or administration1 of an apprenticeship or an apprenticeship program4 7,e7 ,definitions ,in this paragraph3 7i7 ,career pathway ,the term career pathway has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7ii7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7iii7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered with the ,department of ,labor or a ,federally-recognized ,state ,apprenticeship ,agency and that complies with the requirements under parts #bi and #cj of title #bi1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjai4 2 7#b7 in paragraph 7#c7 by striking or 7#b72 and 7#c7 by striking paragraph 7#d74 #bfjb4 ,public transportation safety program ,section #ecbi of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,c77ii7-- 7,a7 in subclause 7,i7 by striking and at the end2 7,b7 in subclause 7,,ii7 by striking the semicolon and inserting 2 and2 and 7,c7 by adding at the end the following3 7,,iii7 innovations in driver assistance technologies and driver protection infrastructure where appropriate1 and a reduction in visibility impairments that contribute to pedestrian fatalities2 2 7#b7 in subsection 7b77#b7-- 7,a7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7,b7 by adding at the end the following3 7,d7 in consultation with the ,secretary of the ,department of ,health and ,human ,services1 precautionary and reactive actions required to ensure public and personnel safety and health during an emergency as defined in section #ecbd4 4 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by inserting the safety committee established under paragraph 7#d71 and subsequently1 before the board of directors2 7ii7 in subparagraph 7,c7 by striking public1 personnel1 and property and inserting public and personnel to injuries1 assaults1 fatalities1 and1 consistent with guidelines by the ,centers for ,disease ,control and ,prevention1 infectious diseases1 and strategies to minimize the exposure of property2 7iii7 by striking subparagraph 7,g7 and inserting the following3 7,g7 a comprehensive staff training program for the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes-- 7i7 the completion of a safety training program2 7ii7 continuing safety education and training2 and 7iii7 de-escalation training2 7,h7 a requirement that the safety committee only approve a safety plan under subparagraph 7,a7 if such plan stays within such recipient's fiscal budget2 and 7,i7 a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents1 injuries1 and assaults on transit workers using data submitted to the ,national ,transit ,database1 including-- 7i7 a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents1 including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments2 and 7ii7 transit worker assault mitigation1 including the deployment of assault mitigation infrastructure and technology on buses1 including barriers to restrict the unwanted entry of individuals and objects into bus operators' workstations when a recipient's risk analysis performed by the safety committee established in paragraph 7#d7 determines that such barriers or other measures would reduce assaults on and injuries to transit workers2 and 2 and 7,b7 by adding at the end the following3 7#d7 ,safety committee ,for purposes of the approval process of an agency safety plan under paragraph 7#a71 the safety committee shall be convened by a joint labor-management process and consist of an equal number of-- 7,a7 frontline employee representatives1 selected by the labor organization representing the plurality of the frontline workforce employed by the recipient or if applicable a contractor to the recipient2 and 7,b7 employer or ,state representatives4 2 and 7#d7 in subsection 7e77#d77;,a77v7 by inserting 1 inspection1 after has investigative4 #bfjc4 ,innovation workforce standards 7a7 ,prohibition on use of funds ,no financial assistance under chapter #ec of title #di1 ,united ,states ,code1 may be used for-- 7#a7 an automated vehicle providing public transportation unless-- 7,a7 the recipient of such assistance that proposes to deploy an automated vehicle providing public transportation certifies to the ,secretary of ,transportation that the deployment does not eliminate or reduce the frequency of existing public transportation service2 and 7,b7 the ,secretary receives1 approves1 and publishes the workforce development plan under subsection 7b7 submitted by the eligible entity when required by subsection 7b77#a72 and 7#b7 a mobility on demand service unless-- 7,a7 the recipient of such assistance that proposes to deploy a mobility on demand service certifies to the ,secretary that the service meets the criteria under section #ecjg1 #ecaj1 #ecaa1 #ecab1 or #ecaf of title #di1 ,united ,states ,code2 and 7,b7 the ,secretary receives1 approves1 and publishes the workforce development plan under subsection 7b7 submitted by the eligible entity when required by subsection 7b77#a74 7b7 ,workforce development plan 7#a7 ,in general ,a recipient of financial assistance under chapter #ec of title #di1 ,united ,states ,code1 proposing to deploy an automated vehicle providing public transportation or mobility on demand service shall submit to the ,secretary1 prior to implementation of such service1 a workforce development plan if such service1 combined with any other automated vehicle providing public transportation or mobility on demand service offered by such recipient1 would exceed by more than #j4e percent of the recipient's total transit passenger miles traveled4 7#b7 ,contents ,the workforce development plan under subsection 7a7 shall include the following3 7,a7 ,a description of services offered by existing conventional modes of public transportation in the area served by the recipient that could be affected by the proposed automated vehicle providing public transportation or mobility on demand service1 including jobs and functions of such jobs4 7,b7 ,a forecast of the number of jobs provided by existing conventional modes of public transportation that would be eliminated or that would be substantially changed and the number of jobs expected to be created by the proposed automated vehicle providing public transportation or mobility on demand service over a #e-year period from the date of the publication of the workforce development plan4 7,c7 ,identified gaps in skills needed to operate and maintain the proposed automated vehicle providing public transportation or mobility on demand service4 7,d7 ,a comprehensive plan to transition1 train1 or retrain employees that could be affected by the proposed automated vehicle providing public transportation or mobility on demand service4 7,e7 ,an estimated budget to transition1 train1 or retrain employees impacted by the proposed automated vehicle providing public transportation or mobility on demand service over a #e-year period from the date of the publication of the workforce development plan4 7c7 ,notice required 7#a7 ,in general ,a recipient of financial assistance under chapter #ec of title #di1 ,united ,states ,code1 shall issue a notice to employees who1 due to the use of an automated vehicle providing public transportation or mobility on demand service1 may be subjected to a loss of employment or a change in responsibilities not later than #fj days before signing a contract for such service or procurement4 ,a recipient shall provide employees copies of a request for a proposal related to an automated vehicle providing public transportation or mobility on demand services at the time such request is issued4 7#b7 ,content ,the notice required in paragraph 7#a7 shall include the following3 7,a7 ,a description of the automated vehicle providing public transportation or mobility on demand service4 7,b7 ,the impact of the automated vehicle providing public transportation or mobility on demand service on employment positions1 including a description of which employment positions will be affected and whether any new positions will be created4 7d7 ,definitions ,in this section3 7#a7 ,automated vehicle ,the term automated vehicle means a motor vehicle that-- 7,a7 is capable of performing the entire task of driving 7including steering1 accelerating and decelerating1 and reacting to external stimulus7 without human intervention2 and 7,b7 is designed to be operated exclusively by a ,level #d or ,level #e automated driving system for all trips according to the recommended practice standards published on ,june #ae1 #bjah1 by the ,society of ,automotive ,engineers ,international 7,j#cjafbjahjf7 or equivalent standards adopted by the ,secretary with respect to automated motor vehicles4 7#b7 ,mobility on demand ,the term mobility on demand has the meaning given such term in section #ecaf of title #di1 ,united ,states ,code4 7#c7 ,public transportation ,the term public transportation has the meaning given such term in section #ecjb of title #di1 ,united ,states ,code4 7e7 ,savings clause ,nothing in this section shall prohibit the use of funds for an eligible activity or pilot project of a covered recipient authorized under current law prior to the date of enactment of this ,act4 #bfjd4 ,safety performance measures and set asides ,section #ecbi7;d77#b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,safety committee performance measures 7,a7 ,in general ,the safety committee described in paragraph 7#d7 shall establish performance measures for the risk reduction program in paragraph 7#a77;,i7 using a #c-year rolling average of the data submitted by the recipient to the ,national ,transit ,database4 7,b7 ,safety set aside ,with respect to a recipient serving an urbanized area that receives funds under section #ecjg1 such recipient shall allocate not less than #j4ge percent of such funds to projects eligible under section #ecjg4 7,c7 ,failure to meet performance measures ,any recipient that receives funds under section #ecjg that does not meet the performance measures established in subparagraph 7,a7 shall allocate the amount made available in subparagraph 7,b7 in the following fiscal year to projects described in subparagraph 7,d74 7,d7 ,eligible projects ,funds set aside under this paragraph shall be used for projects that are reasonably likely to meet the performance measures established in subparagraph 7,a71 including modifications to rolling stock and de-escalation training4 4 #bfje4 ,u4,s4 ,employment ,plan 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ecda4 ,u4,s4 ,employment ,plan 7a7 ,definitions ,in this section3 7#a7 ,commitment to high-quality career and business opportunities ,the term commitment to high-quality career and business opportunities means participation in a registered apprenticeship program4 7#b7 ,covered infrastructure program ,the term covered infrastructure program means any activity under program or project under this chapter for the purchase or acquisition of rolling stock4 7#c7 ,u4,s4 ,employment ,plan ,the term ,u4,s4 ,employment ,plan means a plan under which an entity receiving ,federal assistance for a project under a covered infrastructure program shall-- 7,a7 include in a request for proposal an encouragement for bidders to include1 with respect to the project-- 7i7 high-quality wage1 benefit1 and training commitments by the bidder and the supply chain of the bidder for the project2 and 7ii7 a commitment to recruit and hire individuals described in subsection 7e7 if the project results in the hiring of employees not currently or previously employed by the bidder and the supply chain of the bidder for the project2 7,b7 give preference for the award of the contract to a bidder that includes the commitments described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7,c7 ensure that each bidder that includes the commitments described in clauses 7i7 and 7ii7 of subparagraph 7,a7 that is awarded a contract complies with those commitments4 7#d7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered with the ,department of ,labor or a ,federally-recognized ,state ,apprenticeship ,agency and that complies with the requirements under parts #bi and #cj of title #bi1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjai4 7b7 ,best-,value framework ,to the maximum extent practicable1 a recipient of assistance under a covered infrastructure program is encouraged-- 7#a7 to ensure that each dollar invested in infrastructure uses a best-value contracting framework to maximize the local value of federally funded contracts by evaluating bids on price and other technical criteria prioritized in the bid1 such as-- 7,a7 equity2 7,b7 environmental and climate justice2 7,c7 impact on greenhouse gas emissions2 7,d7 resilience2 7,e7 the results of a #dj-year life-cycle analysis2 7,f7 safety2 7,g7 commitment to creating or sustaining high-quality job opportunities affiliated with registered apprenticeship programs 7as defined in subsection 7a77#c77 for disadvantaged or underrepresented individuals in infrastructure industries in the ,united ,states2 and 7,h7 access to jobs and essential services by all modes of travel for all users1 including disabled individuals2 and 7#b7 to ensure community engagement1 transparency1 and accountability in carrying out each stage of the project4 7c7 ,preference for registered apprenticeship programs ,to the maximum extent practicable1 a recipient of assistance under a covered infrastructure program1 with respect to the project for which the assistance is received1 shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs4 7d7 ,use of ,u4,s4 employment plan ,notwithstanding any other provision of law1 in carrying out a project under a covered infrastructure program1 each entity that receives ,federal assistance shall use a ,u4,s4 ,employment ,plan for each contract of #aj1jjj1jjj or more for the purchase of manufactured goods or of services1 based on an independent cost estimate4 7e7 ,priority ,the head of the relevant ,federal agency shall ensure that the entity carrying out a project under the covered infrastructure program gives priority to-- 7#a7 individuals with a barrier to employment 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 including ex-offenders and disabled individuals2 7#b7 veterans2 and 7#c7 individuals that represent populations that are traditionally underrepresented in the infrastructure workforce1 such as women and racial and ethnic minorities4 7f7 ,report ,not less frequently than once each fiscal year1 the heads of the relevant ,federal agencies shall jointly submit to ,congress a report describing the implementation of this section4 7g7 ,intent of ,congress 7#a7 ,in general ,it is the intent of ,congress-- 7,a7 to encourage recipients of ,federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection 7b7 for the purchase of goods and services2 7,b7 to encourage recipients of ,federal assistance under covered infrastructure programs to use preferences for registered apprenticeship programs as described in subsection 7c7 when evaluating bids for projects using that assistance2 7,c7 to require that recipients of ,federal assistance under covered infrastructure programs use the ,u4,s4 ,employment ,plan in carrying out the project for which the assistance was provided2 and 7,d7 that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption1 favoritism1 and unfair treatment by recipient agencies4 7#b7 ,inclusion ,a best-value contracting framework described in subsection 7b7 is a framework that authorizes a recipient of ,federal assistance under a covered infrastructure program1 in awarding contracts1 to evaluate a range of factors1 including price1 the quality of products1 the quality of services1 and commitments to the creation of good jobs for all people in the ,united ,states4 7h7 ,award ,basis ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that-- 7#a7 ensure that not less than #ej percent of the workers hired to participate in the job training program are hired through local hiring in accordance with subsection 7e71 including by prioritizing individuals with a barrier to employment 7including ex-offenders71 disabled individuals 7meaning an individual with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7771 veterans1 and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce2 or 7#b7 ensure the commitments described in clauses 7i7 and 7ii7 of subsection 7a77#b77;,a7 with respect to carrying out the job training program4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ecda4 ,u4,s4 ,employment ,plan4 4 #bfjf4 ,technical assistance and workforce development 7a7 ,in general ,section #ecad7;a7 of title #di1 ,unites ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,h7 by striking and at the end2 7,b7 by redesignating subparagraph 7,i7 as subparagraph 7,j72 and 7,c7 by inserting after subparagraph 7,h7 the following3 7,i7 provide innovation and capacity-building to rural and tribal public transportation recipients but that not to duplicate the activities of sections #ecaa7;b7 or #ecab2 and 2 and 7#b7 by adding at the end the following3 7#d7 ,availability of amounts ,of the amounts made available to carry out this section under section #ecch7;c71 #a1ejj1jjj shall be available to carry out activities described in paragraph 7#b77;,i74 4 7b7 ,availability of amounts ,section #ecad7;c77#d77;,a7 of title #di1 ,united ,states ,code1 is amended by inserting #ecaa1 after #ecjg14 ,g ,transit-,supportive ,communities #bgja4 ,transit-supportive communities 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after section #ecbg the following3 #ecbh4 ,transit-supportive communities 7a7 ,establishment ,the ,secretary shall establish within the ,federal ,transit ,administration1 an ,office of ,transit-,supportive ,communities to make grants1 provide technical assistance1 and assist in the coordination of transit and housing policies within the ,federal ,transit ,administration1 the ,department of ,transportation1 and across the ,federal ,government4 7b7 ,transit ,oriented ,development ,planning ,grant ,program 7#a7 ,definition ,in this subsection the term eligible project means-- 7,a7 a new fixed guideway capital project or a core capacity improvement project as defined in section #ecji2 7,b7 an existing fixed guideway system1 or an existing station that is served by a fixed guideway system2 or 7,c7 the immediate corridor along the highest #be percent of routes by ridership as demonstrated in section #eccf7;b77#b77;,b74 7#b7 ,general authority ,the ,secretary may make grants under this subsection to a ,state1 local governmental authority1 or metropolitan planning organization to assist in financing comprehensive planning associated with an eligible project that seeks to-- 7,a7 enhance economic development1 ridership1 and other goals established during the project development and engineering processes or the grant application2 7,b7 facilitate multimodal connectivity and accessibility2 7,c7 increase access to transit hubs for pedestrian and bicycle traffic2 7,d7 enable mixed-use development2 7,e7 identify infrastructure needs associated with the eligible project2 and 7,f7 include private sector participation4 7#c7 ,eligibility ,a ,state1 local governmental authority1 or metropolitan planning organization that desires to participate in the program under this subsection shall submit to the ,secretary an application that contains at a minimum-- 7,a7 an identification of an eligible project2 7,b7 a schedule and process for the development of a comprehensive plan2 7,c7 a description of how the eligible project and the proposed comprehensive plan advance the metropolitan transportation plan of the metropolitan planning organization2 7,d7 proposed performance criteria for the development and implementation of the comprehensive plan2 7,e7 a description of how the project will reduce and mitigate social and economic impacts on existing residents and businesses vulnerable to displacement2 and 7,f7 identification of-- 7i7 partners2 7ii7 availability of and authority for funding2 and 7iii7 potential ,state1 local or other impediments to the implementation of the comprehensive plan4 7#d7 ,cost share ,a grant under this subsection shall not exceed an amount in excess of #hj percent of total project costs1 except that a grant that includes an affordable housing component shall not exceed an amount in excess of #ij percent of total project costs4 7c7 ,technical assistance ,the ,secretary shall provide technical assistance to ,states1 local governmental authorities1 and metropolitan planning organizations in the planning and development of transit-oriented development projects and transit supportive corridor policies1 including-- 7#a7 the siting1 planning1 financing1 and integration of transit-oriented development projects2 7#b7 the integration of transit-oriented development and transit-supportive corridor policies in the preparation for and development of an application for funding under section #fjb of title #bc2 7#c7 the siting1 planning1 financing1 and integration of transit-oriented development and transit supportive corridor policies associated with projects under section #ecji2 7#d7 the development of housing feasibility assessments as allowed under section #ecji7;g77#c77;,b72 7#e7 the development of transit-supportive corridor policies that promote transit ridership and transit-oriented development2 7#f7 the development1 implementation1 and management of land value capture programs2 and 7#g7 the development of model contracts1 model codes1 and best practices for the implementation of transit-oriented development projects and transit-supportive corridor policies4 7d7 ,value capture policy requirements 7#a7 ,value capture policy ,not later than ,october #a of the fiscal year that begins #b years after the date of enactment of this section1 the ,secretary1 in collaboration with ,state departments of transportation1 metropolitan planning organizations1 and regional council of governments1 shall establish voluntary and consensus-based value capture standards1 policies1 and best practices for ,state and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development4 7#b7 ,report ,not later than #ae months after the date of enactment of this section1 the ,secretary shall make available to the public a report cataloging examples of ,state and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development4 7d7 ,equity ,in providing technical assistance under subsection 7c71 the ,secretary shall incorporate strategies to promote equity for underrepresented and underserved communities1 including-- 7#a7 preventing displacement of existing residents and businesses2 7#b7 mitigating rent and housing price increases2 7#c7 incorporating affordable rental and ownership housing in transit-oriented development2 7#d7 engaging under-served1 limited ,english proficiency1 low income1 and minority communities in the planning process2 7#e7 fostering economic development opportunities for existing residents and businesses2 and 7#f7 targeting affordable housing that help lessen homelessness4 7d7 ,authority ,to request staffing assistance ,in fulfilling the duties of this section1 the ,secretary shall1 as needed1 request staffing and technical assistance from other ,federal agencies1 programs1 administrations1 boards1 or commissions4 7e7 ,review existing policies and programs ,not later than #bd months after the date of enactment of this section1 the ,secretary shall review and evaluate all existing policies and programs within the ,federal ,transit ,administration that support or promote transit-oriented development to ensure their coordination and effectiveness relative to the goals of this section4 7f7 ,reporting ,not later than ,february #a of each year beginning the year after the date of enactment of this section1 the ,secretary shall prepare a report detailing the grants and technical assistance provided under this section1 the number of affordable housing units constructed or planned as a result of projects funded in this section1 and the number of affordable housing units constructed or planned as a result of a property transfer under section #eccd7;h77#a74 ,the report shall be provided to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7g7 ,savings clause ,nothing in this section authorizes the ,secretary to provide any financial assistance for the construction of housing4 7h7 ,priority for low-,income areas ,in awarding grants under this section1 the ,secretary shall give priority to projects under this section that expand or build transit in low-income areas or that provide access to public transportation to low-income areas that do not have access to public transportation4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecbg the following3 #ecbh4 ,transit-supportive communities4 4 7c7 ,technical and conforming amendment ,section #bjjje of the ,,map-#ba 7,public ,law #aab-ada7 is amended-- 7#a7 by striking 7a7 ,amendment4--2 and 7#b7 by striking subsection 7b74 #bgjb4 ,property disposition for affordable housing ,section #eccd7;h77#a7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,in general ,if a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired1 the ,secretary may authorize the recipient to transfer such asset to-- 7,a7 a local governmental authority to be used for a public purpose with no further obligation to the ,government if the ,secretary decides-- 7i7 the asset will remain in public use for at least #e years after the date the asset is transferred2 7ii7 there is no purpose eligible for assistance under this chapter for which the asset should be used2 7iii7 the overall benefit of allowing the transfer is greater than the interest of the ,government in liquidation and return of the financial interest of the ,government in the asset1 after considering fair market value and other factors2 and 7iv7 through an appropriate screening or survey process1 that there is no interest in acquiring the asset for ,government use if the asset is a facility or land2 or 7,b7 a local governmental authority1 nonprofit organization1 or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the ,government if the ,secretary decides-- 7i7 the asset is a necessary component of a proposed transit-oriented development project2 7ii7 the transit-oriented development project will increase transit ridership2 7iii7 at least #dj percent of the housing units offered in the transit-oriented development 1 including housing units owned by nongovernmental entities1 are legally binding affordability restricted to tenants with incomes at or below #fj percent of the area median income and_/or owners with incomes at or below #fj percent the area median income2 7iv7 the asset will remain in use as described in this section for at least #cj years after the date the asset is transferred2 and 7v7 with respect to a transfer to a third party entity-- 7,i7 a local government authority or nonprofit organization is unable to receive the property2 7,,ii7 the overall benefit of allowing the transfer is greater than the interest of the ,government in liquidation and return of the financial interest of the ,government in the asset1 after considering fair market value and other factors2 and 7,,iii7 the third party has demonstrated a satisfactory history of construction or operating an affordable housing development4 4 #bgjc4 ,affordable housing incentives in capital investment grants ,section #ecji of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,b7-- 7i7 in clause 7i7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7ii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 in the case of a new fixed guideway capital project or a core capacity improvement project1 allow a weighting five points greater to the economic development subfactor and five points lesser to the lowest scoring subfactor if the applicant demonstrates substantial efforts to preserve or encourage affordable housing near the project by providing documentation of policies that allow by-right multi-family housing1 single room occupancy units1 or accessory dwelling units1 providing local capital sources for transit-oriented development1 or demonstrate other methods as determined by the ,secretary4 2 and 7,b7 in paragraph 7#c71 as amended by this ,act1 by adding at the end the following3 7,b7 establish a warrant that applies to the economic development project justification criteria1 provided that the applicant that requests a warrant under this process has completed and submitted a housing feasibility assessment4 2 and 7#b7 in subsection 7l77#d7-- 7,a7 in subparagraph 7,b7 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,c7 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7,d7 from grant proceeds distributed under section #ajc of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjc7 or section #bja of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cada7 provided that-- 7i7 such funds are used in conjunction with the planning or development of affordable housing2 and 7ii7 such affordable housing is located within one-half of a mile of a new station4 4 ,h ,innovation #bhja4 ,mobility innovation sandbox program ,section #ecab7;d7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,mobility innovation sandbox program ,the ,secretary may make funding available under this subsection to carry out research on mobility on demand and mobility as a service activities eligible under section #ecaf4 4 #bhjb4 ,transit bus operator compartment redesign program ,section #ecab7;d7 of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7#d7 ,transit bus operator compartment redesign program 7,a7 ,in general ,the ,secretary may make funding available under this subsection to carry out research on redesigning transit bus operator compartments to improve safety1 operational efficiency1 and passenger accessibility4 7,b7 ,objectives ,research objectives under this paragraph shall include-- 7i7 increasing bus operator safety from assaults2 7ii7 optimizing operator visibility and reducing operator distractions to improve safety of bus passengers1 pedestrians1 bicyclists1 and other roadway users2 7iii7 expanding passenger accessibility for positive interactions between operators and passengers1 including assisting passengers in need of special assistance2 7iv7 accommodating compliance for passenger boarding1 alighting1 and securement with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7v7 improving ergonomics to reduce bus operator work-related health issues and injuries1 as well as locate key instrument and control interfaces to improve operational efficiency and convenience4 7,c7 ,activities ,eligible activities under this paragraph shall include-- 7i7 measures to reduce visibility impairments and distractions for bus operators that contribute to accidents1 including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments and distractions2 7ii7 the deployment of assault mitigation infrastructure and technology on buses1 including barriers to restrict the unwanted entry of individuals and objects into bus operators' workstations2 7iii7 technologies to improve passenger accessibility1 including boarding1 alighting1 and securement in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7iv7 installation of seating and modification to design specifications of bus operator workstations that reduce or prevent injuries from ergonomic risks2 or 7v7 other measures that align with the objectives under subparagraph 7,b74 7,d7 ,eligible entities ,entities eligible to receive funding under this paragraph shall include consortia consisting of1 at a minimum3 7i7 recipients of funds under this chapter that provide public transportation services2 7ii7 transit vehicle manufacturers2 7iii7 representatives from organizations engaged in collective bargaining on behalf of transit workers in not fewer than three ,states2 and 7iv7 any nonprofit institution of higher education1 as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 4 #bhjc4 ,federal ,transit ,administration ,every ,day ,counts initiative ,section #ecab of title #di1 ,united ,states ,code1 as amended by section #bejc1 is further amended by adding at the end the following3 7k7 ,every ,day ,counts initiative 7#a7 ,in general ,it is in the national interest for the ,department of ,transportation and recipients of ,federal public transportation funds-- 7,a7 to identify1 accelerate1 and deploy innovation aimed at expediting project delivery1 enhancing the safety of transit systems of the ,united ,states1 and protecting the environment2 7,b7 to ensure that the planning1 design1 engineering1 construction1 and financing of transportation projects is done in an efficient and effective manner2 7,c7 to promote the rapid deployment of proven solutions that provide greater accountability for public investments2 and 7,d7 to create a culture of innovation within the transit community4 7#b7 ,,fta ,every ,day ,counts initiative ,to advance the policies described in paragraph 7#a71 the ,administrator of the ,federal ,transit ,administration shall adopt the ,every ,day ,counts initiative to work with recipients to identify and deploy the proven innovation practices and products that-- 7,a7 accelerate innovation deployment2 7,b7 expedite the project delivery process2 7,c7 improve environmental sustainability2 7,d7 enhance transit safety2 7,e7 expand mobility2 and 7,f7 reduce greenhouse gas emissions4 7#c7 ,consideration ,in accordance with the ,every ,day ,counts goals described in paragraphs 7#a7 and 7#b71 the ,administrator shall consider research conducted through the university transportation centers program in section #eeje4 7#d7 ,innovation deployment 7,a7 ,in general ,at least every #b years1 the ,administrator shall work collaboratively with recipients to identify a new collection of innovations1 best practices1 and data to be deployed to recipients through case studies1 webinars1 and demonstration projects4 7,b7 ,requirements ,in identifying a collection described in subparagraph 7,a71 the ,secretary shall take into account market readiness1 impacts1 benefits1 and ease of adoption of the innovation or practice4 7#e7 ,publication ,each collection identified under paragraph 7#d7 shall be published by the ,administrator on a publicly available website4 4 #bhjd4 ,technical corrections ,section #ecab of title #di1 ,united ,states ,code1 as amended in section #bejc and #bhjc1 is further amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#c77;,c7 by striking low or no emission vehicles1 zero emission vehicles1 and inserting zero emission vehicles2 and 7,b7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,zero emission vehicle defined ,in this subsection1 the term zero emission vehicle means a passenger vehicle used to provide public transportation that produces no carbon or particulate matter4 2 7#b7 by redesignating the first subsection 7g7 as subsection 7f72 and 7#c7 in subsection 7h7-- 7,a7 in the header by striking ,low or no emission and inserting ,zero emission2 7,b7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the term zero emission vehicle has the meaning given such term in subsection 7e77#f72 2 and 7ii7 in subparagraph 7,d7 by striking low or no emission vehicle and inserting zero emission vehicle each place such term appears2 7,c7 in paragraph 7#b7-- 7i7 in the heading by striking low or no emission and inserting zero emission2 and 7ii7 by striking low or no emission and inserting zero emission each place such term appears2 7,d7 in paragraph 7#c7 by striking low or no emission and inserting zero emission each place such term appears2 and 7,e7 in paragraph 7#e77;,a7 by striking low or no emission and inserting zero emission4 #bhje4 ,national advanced technology transit bus development program 7a7 ,establishment ,the ,secretary shall establish a national advanced technology transit bus development program to facilitate the development and testing of commercially viable advanced technology transit buses that do not exceed a ,level #c automated driving system and related infrastructure4 7b7 ,authorization ,there shall be available #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7c7 ,grants ,the ,secretary may enter into grants1 contracts1 and cooperative agreements with no more than three geographically diverse nonprofit organizations and recipients under chapter #ec of title #di1 ,united ,states ,code1 to facilitate the development and testing of commercially viable advance technology transit buses and related infrastructure4 7d7 ,considerations ,the ,secretary shall consider the applicant's-- 7#a7 ability to contribute significantly to furthering advanced technologies as it relates to transit bus operations1 including advanced driver assistance systems1 automatic emergency braking1 accessibility1 and energy efficiency2 7#b7 financing plan and cost share potential2 7#c7 technical experience developing or testing advanced technologies in transit buses2 7#d7 commitment to frontline worker involvement2 and 7#e7 other criteria that the ,secretary determines are necessary to carry out the program4 ,the ,secretary shall not consider applicants working on autonomous vehicles4 7e7 ,competitive grant selection ,the ,secretary shall conduct a national solicitation for applications for grants under the program4 ,grant recipients shall be selected on a competitive basis4 ,the ,secretary shall give priority consideration to applicants that have successfully managed advanced transportation technology projects1 including projects related to public transportation operations for a period of not less than #e years4 7f7 ,consortia ,as a condition of receiving an award in 7c71 the ,secretary shall ensure-- 7#a7 that the selected non-profit recipients subsequently establish a consortia for each proposal submitted1 including representatives from a labor union1 transit agency1 an ,,fta-designated university bus and component testing center1 a ,buy ,america compliant transit bus manufacturer1 and others as determined by the ,secretary2 7#b7 that no proposal selected would decrease workplace or passenger safety2 and 7#c7 that no proposal selected would undermine the creation of high-quality jobs or workforce support and development programs4 7g7 ,federal share ,the ,federal share of costs of the program shall be provided from funds made available to carry out this section4 ,the ,federal share of the cost of a project carried out under the program shall not exceed #hj percent of such cost4 #bhjf4 ,public transportation innovation ,section #ecab7;h77#b7 of title #di1 ,united ,states ,code1 is amended by striking subparagraph 7,g74 ,i ,other ,program ,reauthorizations #bija4 ,reauthorization for capital and preventive maintenance projects for ,washington ,metropolitan ,area ,transit ,authority ,section #fja of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb7 is amended-- 7#a7 in subsection 7b7 by striking ,the ,federal and inserting ,except as provided in subsection 7f77#b71 the ,federal2 7#b7 by striking subsections 7d7 through 7f7 and inserting the following3 7d7 ,required board approval ,no amounts may be provided to the ,transit ,authority under this section until the ,transit ,authority certifies to the ,secretary of ,transportation that-- 7#a7 a board resolution has passed on or before ,july #a1 #bjba1 and is in effect for the period of ,july #a1 #bjbb through ,june #cj1 #bjca1 that-- 7,a7 establishes an independent budget authority for the ,office of ,inspector ,general of the ,transit ,authority2 7,b7 establishes an independent procurement authority for the ,office of ,inspector ,general of the ,transit ,authority2 7,c7 establishes an independent hiring authority for the ,office of ,inspector ,general of the ,transit ,authority2 7,d7 ensures the ,inspector ,general of the ,transit ,authority can obtain legal advice from a counsel reporting directly to the ,inspector ,general2 7,e7 requires the ,inspector ,general of the ,transit ,authority to submit recommendations for corrective action to the ,general ,manager and the ,board of ,directors of the ,transit ,authority2 7,f7 requires the ,inspector ,general of the ,transit ,authority to publish any recommendation described in subparagraph 7,e7 on the website of the ,office of ,inspector ,general of the ,transit ,authority1 except that the ,inspector ,general may redact personally identifiable information and information that1 in the determination of the ,inspector ,general1 would pose a security risk to the systems of the ,transit ,authority2 7,g7 requires the ,board of ,directors of the ,transit ,authority to provide written notice to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate not less than #cj days before the ,board of ,directors removes the ,inspector ,general of the ,transit ,authority1 which shall include the reasons for removal and supporting documentation2 and 7,h7 prohibits the ,board of ,directors from removing the ,inspector ,general of the ,transit ,authority unless the ,board of ,directors has provided a #cj day written notification as described in subparagraph 7,g7 that documents-- 7i7 a permanent incapacity2 7ii7 a neglect of duty2 7iii7 malfeasance2 7iv7 a conviction of a felony or conduct involving moral turpitude2 7v7 a knowing violation of a law or regulation2 7vi7 gross mismanagement2 7vii7 a gross waste of funds2 7viii7 an abuse of authority2 or 7ix7 inefficiency2 and 7#b7 the ,code of ,ethics for ,members of the ,,wmata ,board of ,directors passed on ,september #bf1 #bjai1 remains in effect1 or the ,inspector ,general of the ,transit ,authority has consulted with any modifications to the ,code of ,ethics by the ,board4 7e7 ,authorizations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary of ,transportation for grants under this section-- 7,a7 for fiscal year #bjba1 #aej1jjj1jjj2 7,b7 for fiscal year #bjbb1 #aee1jjj1jjj2 7,c7 for fiscal year #bjbc1 #afj1jjj1jjj2 7,d7 for fiscal year #bjbd1 #afe1jjj1jjj2 7,e7 for fiscal year #bjbe1 #agj1jjj1jjj2 7,f7 for fiscal year #bjbf1 #age1jjj1jjj2 7,g7 for fiscal year #bjbg1 #ahj1jjj1jjj2 7,h7 for fiscal year #bjbh1 #ahe1jjj1jjj2 7,i7 for fiscal year #bjbi1 #aij1jjj1jjj2 and 7,j7 for fiscal year #bjcj1 #bjj1jjj1jjj4 7#b7 ,set aside for ,office of ,inspector ,general of ,transit ,authority ,from the amounts in paragraph 7#a71 the ,transit ,authority shall provide at least #g percent for each fiscal year to the ,office of ,inspector ,general of the ,transit ,authority to carry out independent and objective audits1 investigations1 and reviews of ,transit ,authority programs and operations to promote economy1 efficiency1 and effectiveness1 and to prevent and detect fraud1 waste1 and abuse in such programs and operations4 2 and 7#c7 by redesignating subsection 7g7 as subsection 7f74 #bijb4 ,other apportionments ,section #eccf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7h7-- 7,a7 in the matter preceding paragraph 7#a7 by striking section #eccf7;a77#b77;,c7 and inserting section #eccf7;a77#b77;,b72 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 to carry out section #ecjg7;h7-- 7,a7 #fj1ijf1jjj shall be set aside in fiscal year #bjbb2 7,b7 #fa1hef1acd shall be set aside in fiscal year #bjbc2 7,c7 #fb1hde1hcb shall be set aside in fiscal year #bjbd2 and 7,d7 #fc1hcb1eaa shall be set aside in fiscal year #bjbe2 2 7,c7 in paragraph 7#b7 by striking #c4jg percent and inserting #f percent2 and 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 of amounts not apportioned under paragraphs 7#a7 and 7#b71 #c percent shall be apportioned to urbanized areas with populations of less than #bjj1jjj in accordance with subsection 7i72 2 and 7#b7 in subsection 7i7 by adding at the end the following3 7#c7 ,census phase-out ,before apportioning funds under subsection 7h77#c71 for any urbanized area that is no longer an eligible area due to a change in population in the most recent decennial census1 the ,secretary shall apportion to such urbanized area1 for #c fiscal years1 an amount equal to half of the funds apportioned to such urbanized area pursuant to this subsection for the previous fiscal year4 4 ,j ,streamlining #biaa4 ,fixed guideway capital investment grants ,section #ecji of title #di1 ,united ,states ,code1 as amended by section #bgjc of this ,act1 is further amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#f72 7,b7 by redesignating paragraph 7#g7 as paragraph 7#f72 and 7,c7 in paragraph 7#f71 as so redesignated2 7i7 in subparagraph 7,a7 by striking #ajj1jjj1jjj and inserting #cbj1jjj1jjj2 and 7ii7 in subparagraph 7,b7 by striking #cjj1jjj1jjj and inserting #djj1jjj1jjj2 7#b7 in subsection 7b77#b7 by inserting expanding station capacity1 after construction of infill stations12 7#c7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,c77i7 by striking #b years and inserting #c years2 and 7,b7 by adding at the end the following3 7,d7 ,optional project development activities ,an applicant may perform cost and schedule risk assessments with technical assistance provided by the ,secretary4 7,e7 ,statutory construction ,nothing in this section shall be construed as authorizing the ,secretary to require cost and schedule risk assessments in the project development phase4 2 7#d7 in subsection 7e77#a7-- 7,a7 in subparagraph 7,c77i7 by striking #b years and inserting #c years2 and 7,b7 by adding at the end the following3 7,d7 ,optional project development activities ,an applicant may perform cost and schedule risk assessments with technical assistance provided by the ,secretary4 7,e7 ,statutory construction ,nothing in this section shall be construed as authorizing the ,secretary to require cost and schedule risk assessments in the project development phase4 2 7#e7 in subsection 7e77#b77;,a77iii77,,ii7 by striking #e years and inserting #aj years2 7#f7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by striking subsection 7d77#b77;,a77v7 and inserting subsection 7d77#b77;,a77iv72 7,b7 in paragraph 7#b7-- 7i7 by striking subsection 7d77#b77;,a77v7 and inserting subsection 7d77#b77;,a77iv72 7ii7 in subparagraph 7,d7 by adding and at the end2 7iii7 by striking subparagraph 7,e72 and 7iv7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 and 7,c7 by adding at the end the following3 7#c7 ,cost-share incentives ,for a project for which a lower ,,cig cost share is elected by the applicant under subsection 7l77#a77;,c71 the ,secretary shall apply the following requirements and considerations in lieu of paragraphs 7#a7 and 7#b73 7,a7 ,requirements ,in determining whether a project is supported by local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection 7d77#b77;,a77iv7 or 7e77#b77;,a77v71 the ,secretary shall require that-- 7i7 the proposed project plan provides for the availability of contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls2 7ii7 each proposed local source of capital and operating financing is stable1 reliable1 and available within the proposed project timetable2 and 7iii7 an applicant certifies that local resources are available to recapitalize1 maintain1 and operate the overall existing and proposed public transportation system1 including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project4 7,b7 ,considerations ,in assessing the stability1 reliability1 and availability of proposed sources of local financing for purposes of subsection 7d77#b77;,a77iv7 or 7e77#b77;,a77v71 the ,secretary shall consider-- 7i7 the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient2 7ii7 existing grant commitments2 7iii7 any debt obligation that exists1 or is proposed by the recipient1 for the proposed project or other public transportation purpose2 and 7iv7 private contributions to the project1 including cost-effective project delivery1 management or transfer of project risks1 expedited project schedule1 financial partnering1 and other public-private partnership strategies4 4 7#g7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,a7 by striking degree of local financial commitment and inserting criteria in subsection 7f7 each place it appears2 7,b7 in paragraph 7#c7 by striking ,the ,secretary shall and all that follows through the end and inserting the following3 ,the ,secretary shall-- 7,a7 to the maximum extent practicable1 develop and use special warrants for making a project justification determination under subsection 7d77#b7 or 7e77#b71 as applicable1 for a project proposed to be funded using a grant under this section if-- 7i7 the share of the cost of the project to be provided under this section-- 7,i7 does not exceed #ejj1jjj1jjj and the total project cost does not exceed #a1jjj1jjj1jjj2 or 7,,ii7 complies with subsection 7l77#a77;,c72 7ii7 the applicant requests the use of the warrants2 7iii7 the applicant certifies that its existing public transportation system is in a state of good repair2 and 7iv7 the applicant meets any other requirements that the ,secretary considers appropriate to carry out this subsection2 and 2 7,c7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,policy guidance ,the ,secretary shall issue policy guidance on the review and evaluation process and criteria not later than #ahj days after the date of enactment of the ,,invest in ,america ,act4 2 7,d7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,transparency ,not later than #cj days after the ,secretary receives a written request from an applicant for all remaining information necessary to obtain #a or more of the following1 the ,secretary shall provide such information to the applicant3 7,a7 ,project advancement4 7,b7 ,medium or higher rating4 7,c7 ,warrant4 7,d7 ,letter of intent4 7,e7 ,early systems work agreement4 2 and 7,e7 in paragraph 7#g7 by striking the ,federal ,public ,transportation ,act of #bjab and inserting the ,,invest in ,america ,act2 7#h7 in subsection 7h7-- 7,a7 in paragraph 7#e7 by inserting 1 except that for a project for which a lower local cost share is elected under subsection 7l77#a77;,c71 the ,secretary shall enter into a grant agreement under this subsection for any such project that establishes contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls before the period at the end2 and 7,b7 in paragraph 7#g77;,c7 by striking #aj days and inserting #c days2 7#i7 by striking subsection 7i7 and inserting the following3 7i7 ,interrelated projects 7#a7 ,ratings improvement ,the ,secretary shall grant a rating increase of #a level in mobility improvements to any project being rated under subsection 7d71 7e71 or 7h71 if the ,secretary certifies that the project has a qualifying interrelated project that meets the requirements of paragraph 7#b74 7#b7 ,interrelated project ,a qualifying interrelated project is a transit project that-- 7,a7 is adopted into the metropolitan transportation plan required under section #ecjc2 7,b7 has received a class of action designation under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,c7 will likely increase ridership on the project being rated in subsection 7d71 7e71 or 7h71 respectively1 as determined by the ,secretary2 and 7,d7 meets one of the following criteria3 7i7 ,extends the corridor of the project being rated in subsection 7d71 7e71 or 7h71 respectively4 7ii7 ,provides a direct passenger transfer to the project being rated in subsection 7d71 7e71 or 7h71 respectively4 2 7#aj7 in subsection 7k7-- 7,a7 in paragraph 7#b77;,d7 by adding at the end the following3 7v7 ,local funding commitment ,for a project for which a lower ,,cig cost share is elected by the applicant under subsection 7l77#a77;,c71 the ,secretary shall enter into a full funding grant agreement that has at least #ge percent of local financial commitment committed and the remaining percentage budgeted for the proposed purposes4 2 and 7,b7 in paragraph 7#e7 by striking #cj days and inserting #c days2 7#aa7 in subsection 7l7-- 7,a7 in paragraph 7#a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,cap ,except as provided in subparagraph 7,c71 a grant for a project under this section shall not exceed #hj percent of the net capital project cost1 except that a grant for a core capacity improvement project shall not exceed #hj percent of the net capital project cost of the incremental cost to increase the capacity in the corridor4 7,c7 ,applicant election of lower local ,,cig cost share ,an applicant may elect a lower local ,,cig cost share for a project under this section for purposes of application of the cost-share incentives under subsection 7f77#c74 ,such cost share shall not exceed #fj percent of the net capital project cost1 except that for a grant for a core capacity improvement project such cost share shall not exceed #fj percent of the net capital project cost of the incremental cost to increase the capacity in the corridor4 2 7,b7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,limitation on statutory construction ,nothing in this section shall be construed as authorizing the ,secretary to require1 incentivize 7in any manner not specified in this section71 or place additional conditions upon a non-,federal financial commitment for a project that is more than #bj percent of the net capital project cost or1 for a core capacity improvement project1 #bj percent of the net capital project cost of the incremental cost to increase the capacity in the corridor4 2 and 7,c7 by striking paragraph 7#h7 and inserting the following3 7#h7 ,contingency share ,the ,secretary shall provide funding for the contingency amount equal to the proportion of the ,,cig cost share4 ,if the ,secretary increases the contingency amount after a project has received a letter of no prejudice or been allocated appropriated funds1 the federal share of the additional contingency amount shall be #be percent higher than the original proportion the ,,cig cost share and in addition to the grant amount set in subsection 7k77#b77;,c77ii74 2 7#ab7 in subsection 7o7 by adding at the end the following3 7#d7 ,,cig program dashboard ,not later than the fifth day of each month1 the ,secretary shall make publicly available on a website data on1 including the status of1 each project under this section that is in the project development phase1 in the engineering phase1 or has received a grant agreement and remains under construction4 ,such data shall include1 for each project-- 7,a7 the amount and fiscal year of any funding appropriated1 allocated1 or obligated for the project2 7,b7 the date on which the project-- 7i7 entered the project development phase2 7ii7 entered the engineering phase1 if applicable2 and 7iii7 received a grant agreement1 if applicable2 and 7,c7 the status of review by the ,federal ,transit ,administration and the ,secretary1 including dates of request1 dates of acceptance of request1 and dates of a decision for each of the following1 if applicable3 7i7 ,a letter of no prejudice4 7ii7 ,an environmental impact statement notice of intent4 7iii7 ,a finding of no significant environmental impact4 7iv7 ,a draft environmental impact statement4 7v7 ,a final environmental impact statement4 7vi7 ,a record of decision on the final environmental impact statement4 7vii7 ,the status of the applicant in securing the non-,federal match1 based on information provided by the applicant1 including the amount committed1 budgeted1 planned1 and undetermined4 2 7#ac7 by striking an acceptable degree of and inserting a each place it appears2 and 7#ad7 by adding at the end the following3 7r7 ,publication 7#a7 ,publication ,the ,secretary shall publish a record of decision on all projects in the ,new ,starts tranche of the program within #b years of receiving a project's draft environmental impact statement or update or change to such statement4 7#b7 ,failure to issue record of decision ,for each calendar month beginning on or after the date that is #ab months after the date of enactment of the ,,invest in ,america ,act in which the ,secretary has not published a record of decision for the final environmental impact statement on projects in the ,new ,starts tranche for at least #a year1 the ,secretary shall reduce the full-time equivalent employees within the immediate office of the ,secretary by #a4 4 #biab4 ,rural and small urban apportionment deadline ,section #eccf7;d7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 notwithstanding paragraph 7#a71 apportion amounts to the ,states appropriated under section #ecch7;a77#b7 to carry out sections #ecjg1 #ecaj1 and #ecaa not later than ,december #ae for which any amounts are appropriated2 and 4 #biac4 ,disposition of assets beyond useful life ,section #eccd of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7l7 ,disposition of assets beyond useful life 7#a7 ,in general ,if a recipient1 or subrecipient1 for assistance under this chapter disposes of an asset with a current market value1 or proceed from the sale of such asset1 acquired under this chapter at least in part with such assistance1 after such asset has reached the useful life of such asset1 the ,secretary shall allow the recipient1 or subrecipient1 to use the proceeds attributable to the ,federal share of such asset calculated under paragraph 7#c7 for capital projects under section #ecjg1 #ecaj1 or #ecaa4 7#b7 ,minimum value ,this subsection shall only apply to assets with a current market value1 or proceeds from sale1 of at least #e1jjj4 7#c7 ,calculation of ,federal share attributable ,the proceeds attributable to the ,federal share of an asset described in paragraph 7#a7 shall be calculated by multiplying-- 7,a7 the current market value of1 or the proceeds from the disposition of1 such asset2 by 7,b7 the ,federal share percentage for the acquisition of such asset at the time of acquisition of such asset4 4 #biad4 ,innovative coordinated access and mobility ,section #ecaj of title #di1 ,united ,states ,code1 as amended by section #bbje1 is further amended by adding at the end the following3 7k7 ,innovative coordinated access and mobility 7#a7 ,start up grants 7,a7 ,in general ,the ,secretary may make grants under this paragraph to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and non-emergency medical transportation services4 7,b7 ,application ,an eligible recipient shall submit to the ,secretary an application that1 at a minimum1 contains-- 7i7 a detailed description of the eligible project2 7ii7 an identification of all eligible project partners and the specific role of each eligible project partner in the eligible project1 including-- 7,i7 private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged2 7,,ii7 nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged2 or 7,,iii7 ,federal and ,state entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged2 and 7iii7 a description of how the eligible project shall-- 7,i7 improve local coordination or access to coordinated transportation services2 7,,ii7 reduce duplication of service1 if applicable2 and 7,,iii7 provide innovative solutions in the ,state or community4 7,c7 ,performance measures ,an eligible recipient shall specify1 in an application for a grant under this paragraph1 the performance measures the eligible project1 in coordination with project partners1 will use to quantify actual outcomes against expected outcomes1 including-- 7i7 changes to transportation expenditures as a result of improved coordination2 7ii7 changes to healthcare expenditures provided by projects partners as a result of improved coordination2 and 7iii7 changes to health care metrics1 including aggregate health outcomes provided by projects partners4 7,d7 ,eligible uses ,eligible recipients receiving a grant under this section may use such funds for-- 7i7 the deployment of coordination technology2 7ii7 projects that create or increase access to community ,one-,call_/,one-,click ,centers2 7iii7 projects that coordinate transportation for #c or more of-- 7,i7 public transportation provided under this section2 7,,ii7 a ,state plan approved under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7,,iii7 title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq472 7,,iv7 ,veterans ,health ,administration2 or 7,v7 private health care facilities2 and 7iv7 such other projects as determined appropriate by the ,secretary4 7,e7 ,consultation ,in evaluating the performance metrics described in subparagraph 7,c71 the ,secretary shall consult with the ,secretary of ,health and ,human ,services4 7#b7 ,incentive grants 7,a7 ,in general ,the ,secretary may make grants under this paragraph to eligible recipients to incentivize innovative projects for the transportation disadvantaged that improve the coordination of transportation services and non-emergency medical transportation services4 7,b7 ,selection of grant recipients ,the ,secretary shall distribute grant funds made available to carry out this paragraph as described in subparagraph 7,e7 to eligible recipients that apply and propose to demonstrate improvement in the metrics described in subparagraph 7,f74 7,c7 ,eligibility ,an eligible recipient shall not be required to have received a grant under paragraph 7#a7 to be eligible to receive a grant under this paragraph4 7,d7 ,applications ,eligible recipients shall submit to the ,secretary an application that includes-- 7i7 which metrics under subparagraph 7,f7 the eligible recipient intends to improve2 7ii7 the performance data eligible recipients and the ,federal1 ,state1 nonprofit1 and private partners1 as described in paragraph 7#a77;,b77ii71 of the eligible recipient will make available2 and 7iii7 a proposed incentive formula that makes payments to the eligible recipient based on the proposed data and metrics4 7,e7 ,distribution ,the ,secretary shall distribute funds made available to carry out this paragraph based upon the number of grant applications approved by the ,secretary1 number of individuals served by each grant1 and the incentive formulas approved by the ,secretary using the following metrics3 7i7 ,the reduced transportation expenditures as a result of improved coordination4 7ii7 ,the reduced ,federal and ,state healthcare expenditures using the metrics described in subparagraph 7,f74 7iii7 ,the reduced private healthcare expenditures using the metrics described in subparagraph 7,f74 7,f7 ,healthcare metrics ,healthcare metrics described in this subparagraph shall be-- 7i7 reducing missed medical appointments2 7ii7 the timely discharge of patients from hospitals2 7iii7 preventing hospital admissions and reducing readmissions of patients into hospitals2 and 7iv7 other measureable healthcare metrics1 as determined appropriate by the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services4 7,g7 ,eligible expenditures ,the ,secretary shall allow the funds distributed by this grant program to be expended on eligible activities described in paragraph 7#a77;,d7 and any eligible activity under this section that is likely to improve the metrics described in subparagraph 7,f74 7,h7 ,recipient cap ,the ,secretary-- 7i7 may not provide more than #bj grants under this paragraph2 and 7ii7 shall reduce the maximum number of grants under this paragraph to ensure projects are fully funded1 if necessary4 7,i7 ,consultation ,in evaluating the health care metrics described in subparagraph 7,f71 the ,secretary shall consult with the ,secretary of ,health and ,human ,services4 7,j7 ,annual grantee report ,each grantee shall submit a report1 in coordination with the project partners of such grantee1 that includes an evaluation of the outcomes of the grant awarded to such grantee1 including the performance measures4 7#c7 ,report ,the ,secretary shall make publicly available an annual report on the program carried out under this subsection for each fiscal year1 not later than ,december #ca of the calendar year in which that fiscal year ends4 ,the report shall include a detailed description of the activities carried out under the program1 and an evaluation of the program1 including an evaluation of the performance measures used by eligible recipients in consultation with the ,secretary of ,health and ,human ,services4 7#d7 ,federal share 7,a7 ,in general ,the ,federal share of the costs of a project carried out under this subsection shall not exceed #hj percent4 7,b7 ,non-,federal share ,the non-,federal share of the costs of a project carried out under this subsection may be derived from in-kind contributions4 7#e7 ,rule of construction ,for purposes of this subsection1 nonemergency medical transportation services shall be limited to services eligible under ,federal programs other than programs authorized under this chapter4 4 #biae4 ,passenger ferry grants ,section #ecjg7;h7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following paragraph3 7#d7 ,zero-emission or reduced-emission grants 7,a7 ,definitions ,in this paragraph-- 7i7 the term eligible project means a project or program of projects in an area eligible for a grant under subsection 7a7 for-- 7,i7 acquiring zero- or reduced-emission passenger ferries2 7,,ii7 leasing zero- or reduced-emission passenger ferries2 7,,iii7 constructing facilities and related equipment for zero- or reduced-emission passenger ferries2 7,,iv7 leasing facilities and related equipment for zero- or reduced-emission passenger ferries2 7,v7 constructing new public transportation facilities to accommodate zero- or reduced-emission passenger ferries2 7,,vi7 constructing shoreside ferry charging infrastructure for zero- or reduced-emission passenger ferries2 or 7,,vii7 rehabilitating or improving existing public transportation facilities to accommodate zero- or reduced-emission passenger ferries2 7ii7 the term zero- or reduced-emission passenger ferry means a passenger ferry used to provide public transportation that reduces emissions by utilizing onboard energy storage systems for hybrid-electric or #ajj percent electric propulsion1 related charging infrastructure1 and other technologies deployed to reduce emissions or produce zero onboard emissions under normal operation2 and 7iii7 the term recipient means a designated recipient1 a local government authority1 or a ,state that receives a grant under subsection 7a74 7,b7 ,general authority ,the ,secretary may make grants to recipients to finance eligible projects under this paragraph4 7,c7 ,grant requirements ,a grant under this paragraph shall be subject to the same terms and conditions as a grant under subsection 7a74 7,d7 ,competitive process ,the ,secretary shall solicit grant applications and make grants for eligible projects under this paragraph on a competitive basis4 7,e7 ,government ,share of ,costs 7i7 ,in general ,the ,federal share of the cost of an eligible project carried out under this paragraph shall not exceed #hj percent4 7ii7 ,non-,federal share ,the non-,federal share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions4 4 #biaf4 ,evaluation of benefits and ,federal investment ,section #ecji7;h77#d7 of title #di1 ,united ,states ,code1 is amended by inserting 1 the extent to which the project improves transportation options to economically distressed areas1 after public transportation4 #biag4 ,best practices for the application of ,national ,environmental ,policy ,act of #aifi to federally funded bus shelters ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue best practices on the application of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to federally funded bus shelters to assist recipients of ,federal funds in receiving exclusions permitted by law4 ,,iii ,highway ,traffic ,safety #cjja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway safety programs ,for carrying out section #djb of title #bc1 ,united ,states ,code-- 7,a7 #cgh1djj1jjj for fiscal year #bjbb2 7,b7 #chb1djj1jjj for fiscal year #bjbc2 7,c7 #chf1ejj1jjj for fiscal year #bjbd2 and 7,d7 #cij1djj1jjj for fiscal year #bjbe4 7#b7 ,highway safety research and development ,for carrying out section #djc of title #bc1 ,united ,states ,code-- 7,a7 #ahb1die1jjj for fiscal year #bjbb2 7,b7 #ahd1gie1jjj for fiscal year #bjbc2 7,c7 #ahg1gie1jjj for fiscal year #bjbd2 and 7,d7 #aij1fie1jjj for fiscal year #bjbe4 7#c7 ,national priority safety programs ,for carrying out section #dje of title #bc1 ,united ,states ,code-- 7,a7 #chd1aai1jjj for fiscal year #bjbb2 7,b7 #cic1bje1jjj for fiscal year #bjbc2 7,c7 #djb1bje1jjj for fiscal year #bjbd2 and 7,d7 #daa1chh1jjj for fiscal year #bjbe4 7#d7 ,national driver register ,for the ,national ,highway ,traffic ,safety ,administration to carry out chapter #cjc of title #di1 ,united ,states ,code-- 7,a7 #e1gjj1jjj for fiscal year #bjbb2 7,b7 #e1hjj1jjj for fiscal year #bjbc2 7,c7 #e1ijj1jjj for fiscal year #bjbd2 and 7,d7 #f1jjj1jjj for fiscal year #bjbe4 7#e7 ,high-visibility enforcement program ,for carrying out section #djd of title #bc1 ,united ,states ,code-- 7,a7 #fj1bjj1jjj for fiscal year #bjbb2 7,b7 #fj1fjj1jjj for fiscal year #bjbc2 7,c7 #fj1hjj1jjj for fiscal year #bjbd2 and 7,d7 #fa1bjj1jjj for fiscal year #bjbe4 7#f7 ,administrative expenses ,for administrative and related operating expenses of the ,national ,highway ,traffic ,safety ,administration in carrying out chapter #d of title #bc1 ,united ,states ,code-- 7,a7 #cj1ehf1jjj for fiscal year #bjbb2 7,b7 #ca1jjj1jjj for fiscal year #bjbc2 7,c7 #ca1ejj1jjj for fiscal year #bjbd2 and 7,d7 #ca1iag1jjj for fiscal year #bjbe4 7b7 ,prohibition on other uses ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and chapter #cjc of title #di1 ,united ,states ,code1 the amounts made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a program under such chapters-- 7#a7 shall only be used to carry out such program2 and 7#b7 may not be used by ,states or local governments for construction purposes4 7c7 ,applicability of title #bc ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and chapter #cjc of title #di1 ,united ,states ,code1 amounts made available under subsection 7a7 for fiscal years #bjbb through #bjbe shall be available for obligation in the same manner as if such funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7d7 ,regulatory authority ,grants awarded under chapter #d of title #bc1 ,united ,states ,code1 including any amendments made by this title1 shall be carried out in accordance with regulations issued by the ,secretary of ,transportation4 7e7 ,state matching requirements ,if a grant awarded under chapter #d of title #bc1 ,united ,states ,code1 requires a ,state to share in the cost1 the aggregate of all expenditures for highway safety activities made during a fiscal year by the ,state and its political subdivisions 7exclusive of ,federal funds7 for carrying out the grant 7other than planning and administration7 shall be available for the purpose of crediting the ,state during such fiscal year for the non-,federal share of the cost of any other project carried out under chapter #d of title #bc1 ,united ,states ,code 7other than planning or administration71 without regard to whether such expenditures were made in connection with such project4 7f7 ,grant application and deadline ,to receive a grant under chapter #d of title #bc1 ,united ,states ,code1 a ,state shall submit an application1 and the ,secretary of ,transportation shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year4 #cjjb4 ,highway safety programs ,section #djb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a7-- 7i7 in clause 7ii7 by striking occupant protection devices 7including the use of safety belts and child restraint systems7 and inserting seatbelts2 7ii7 in clause 7vii7 by striking 2 and and inserting a semicolon2 and 7iii7 by inserting after clause 7viii7 the following3 7ix7 to encourage more widespread and proper use of child safety seats 7including booster seats7 with an emphasis on underserved populations2 7x7 to reduce injuries and deaths resulting from drivers of motor vehicles not moving to another traffic lane or reducing the speed of such driver's vehicle when law enforcement1 fire service1 emergency medical services1 and other emergency vehicles are stopped or parked on or next to a roadway with emergency lights activated2 and 7xi7 to increase driver awareness of the dangers of pediatric vehicular hyperthermia2 2 and 7,b7 by adding at the end the following3 7#c7 ,additional considerations ,states which have legalized medicinal or recreational marijuana shall consider programs in addition to the programs described in paragraph 7#b77;,a7 to educate drivers on the risks associated with marijuana-impaired driving and to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana4 2 7#b7 in subsection 7c77#d7-- 7,a7 by striking subparagraph 7,c72 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,special rule for school and work zones ,notwithstanding subparagraph 7,a71 a ,state may expend funds apportioned to that ,state under this section to carry out a program to purchase1 operate1 or maintain an automated traffic system in a work zone or school zone4 7,c7 ,automated traffic enforcement system guidelines ,any automated traffic enforcement system installed pursuant to subparagraph 7,b7 shall comply with speed enforcement camera systems and red light camera systems guidelines established by the ,secretary4 2 and 7#c7 in subsection 7n7-- 7,a7 by striking ,public transparency and all that follows through ,the ,secretary and inserting the following3 ,public transparency4-- 7#a7 ,in general ,the ,secretary 2 and 7,b7 by adding at the end the following3 7#b7 ,state highway safety plan website 7,a7 ,in general ,in carrying out the requirements of paragraph 7#a71 the ,secretary shall establish a public website that is easily accessible1 navigable1 and searchable for the information required under paragraph 7#a71 in order to foster greater transparency in approved ,state highway safety programs4 7,b7 ,contents ,the website established under subparagraph 7,a7 shall-- 7i7 include each ,state highway safety plan and annual report submitted and approved by the ,secretary under subsection 7k72 7ii7 provide a means for the public to search such website for ,state highway safety program content required in subsection 7k71 including-- 7,i7 performance measures required by the ,secretary under paragraph 7#c77;,a72 7,,ii7 progress made toward meeting the ,state's performance targets for the previous year2 7,,iii7 program areas and expenditures2 and 7,,iv7 a description of any sources of funds other than funds provided under this section that the ,state proposes to use to carry out the ,state highway safety plan of such ,state4 4 #cjjc4 ,traffic safety enforcement grants ,section #djb of title #bc1 ,united ,states ,code1 as amended by section #cjjb of this ,act1 is further amended by inserting after subsection 7k7 the following3 7l7 ,traffic safety enforcement grants 7#a7 ,general authority ,subject to the requirements under this subsection1 the ,secretary shall award grants to ,states for the purpose of carrying out top-rated traffic safety enforcement countermeasures to reduce traffic-related injuries and fatalities4 7#b7 ,effective countermeasure defined ,in this subsection1 the term effective countermeasure means a countermeasure rated #c1 #d1 or #e stars in the most recent edition of the ,national ,highway ,traffic ,safety ,administration's ,countermeasures ,that ,work highway safety guide4 7#c7 ,funding ,notwithstanding the apportionment formula set forth in section #djb7;c77#b71 the ,secretary shall set aside #ce1jjj1jjj of the funds made available under this section for each fiscal year to be allocated among up to #aj ,states4 7#d7 ,selection criteria ,the ,secretary shall select up to #aj applicants based on the following criteria3 7,a7 ,a preference for applicants who are geographically diverse4 7,b7 ,a preference for applicants with a higher average number of traffic fatalities per vehicle mile traveled4 7,c7 ,a preference for applicants whose activities under subparagraphs 7,a7 and 7,b7 of paragraph 7#f7 are expected to have the greatest impact on reducing traffic-related fatalities and injuries1 as determined by the ,secretary4 7#e7 ,eligibility ,a ,state may receive a grant under this subsection in a fiscal year if the ,state demonstrates1 to the satisfaction of the ,secretary1 that the ,state is able to meet the requirements in paragraph 7#f74 7#f7 ,requirements ,in order to receive funds1 a ,state must establish an agreement with the ,secretary to-- 7,a7 identify areas with the highest risk of traffic fatalities and injuries2 7,b7 determine the most effective countermeasures to implement in those areas1 with priority given to countermeasures rated above #c stars2 and 7,c7 report annual data under uniform reporting requirements established by the ,secretary1 including-- 7i7 traffic citations1 arrests1 and other interventions made by law enforcement1 including such interventions that did not result in arrest or citation2 7ii7 the increase in traffic safety enforcement activity supported by these funds2 and 7iii7 any other metrics the ,secretary determines appropriate to determine the success of the grant4 7#g7 ,use of funds 7,a7 ,in general ,grant funds received by a ,state under this subsection may be used for-- 7i7 implementing effective countermeasures determined under paragraph 7#f72 and 7ii7 law enforcement-related expenses1 such as officer training1 overtime1 technology1 and equipment1 if the ,secretary determines effective countermeasures have been implemented successfully and the ,secretary provides approval4 7,b7 ,broadcast and print media ,up to #e percent of grant funds received by a ,state under this subsection may be used for the development1 production1 and use of broadcast and print media advertising in carrying out traffic safety law enforcement efforts under this subsection4 7#h7 ,allocation ,grant funds allocated to a ,state under this subsection for a fiscal year shall be in proportion to the ,state's apportionment under subsection 7c77#b7 for the fiscal year4 7#i7 ,maintenance of effort ,no grant may be made to a ,state in any fiscal year under this subsection unless the ,state enters into such an agreement with the ,secretary1 as the ,secretary may require1 to ensure that the ,state will maintain its aggregate expenditures from all ,state and local sources for activities carried out in accordance with this subsection at or above the average level of expenditures in the #b fiscal years preceding the date of enactment of this subsection4 7#aj7 ,annual evaluation and report to ,congress ,the ,secretary shall conduct an annual evaluation of the effectiveness of grants awarded under this subsection and shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate an annual report on the effectiveness of the grants4 4 #cjjd4 ,highway safety research and development ,section #djc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by inserting 1 training1 after demonstration projects2 7#b7 in subsection 7f77#a7-- 7,a7 by striking #b1ejj1jjj and inserting #c1ejj1jjj2 and 7,b7 by striking subsection #djb7;c7 in each fiscal year ending before ,october #a1 #bjae1 and #ddc1ihi of the total amount available for apportionment to the ,states for highway safety programs under section #djb7;c7 in the period beginning on ,october #a1 #bjae1 and ending on ,december #d1 #bjae1 and inserting section #djb7;c77#b7 in each fiscal year2 and 7#c7 by striking subsection 7h7 and redesignating subsections 7i7 and 7j7 as subsections 7h7 and 7i71 respectively4 #cjje4 ,grant program to prohibit racial profiling ,section #djc of title #bc1 ,united ,states ,code1 as amended by section #cjjd of this ,act1 is further amended by adding at the end the following3 7j7 ,grant program ,to prohibit racial profiling 7#a7 ,general authority ,subject to the requirements of this subsection1 the ,secretary shall make grants to a ,state that-- 7,a7 is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a ,federal-aid highway in the ,state regarding the race1 ethnicity1 and mode of transportation of the driver and the officer2 or 7,b7 provides assurances satisfactory to the ,secretary that the ,state is undertaking activities to comply with the requirements of subparagraph 7,a74 7#b7 ,use of grant funds ,a grant received by a ,state under paragraph 7#a7 shall be used by the ,state for the costs of-- 7,a7 collecting and maintaining data on traffic stops2 and 7,b7 evaluating the results of such data4 7#c7 ,limitations 7,a7 ,maximum amount of grants ,the total amount of grants made to a ,state under this section in a fiscal year may not exceed #e percent of the amount made available to carry out this section in the fiscal year4 7,b7 ,eligibility ,on or after ,october #a1 #bjbb1 a ,state may not receive a grant under paragraph 7#a77;,b7 in more than #b fiscal years4 7#d7 ,funding 7,a7 ,in general ,from funds made available under this section1 the ,secretary shall set aside #g1ejj1jjj for each fiscal year to carry out this subsection4 7,b7 ,other uses ,the ,secretary may reallocate1 before the last day of any fiscal year1 amounts remaining available under subparagraph 7,a7 to increase the amounts made available to carry out any other activities authorized under this section in order to ensure1 to the maximum extent possible1 that all such amounts are obligated during such fiscal year4 4 #cjjf4 ,high-visibility enforcement program ,section #djd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking #c campaigns will be carried out in each of fiscal years #bjaf through #bjbj and inserting #f campaigns will be carried out in each of fiscal years #bjbb through #bjbe2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7 by striking or drug-impaired2 7,b7 in paragraph 7#b7 by striking ,increase use of seatbelts and inserting ,increase proper use of seatbelts and child restraints2 7,c7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 ,reduce drug-impaired operation of motor vehicles4 2 and 7,e7 by adding at the end the following3 7#d7 ,reduce texting through a personal wireless communications device by drivers while operating a motor vehicle4 7#e7 ,reduce violations of move over laws of a ,state that require motorists to change lanes or slow down when law enforcement1 fire service1 emergency medical services and other emergency vehicles are stopped or parked on or next to a roadway with emergency lights activated4 2 7#c7 by redesignating subsections 7e7 and 7f7 as subsections 7g7 and 7h71 respectively2 7#d7 by inserting after subsection 7d7 the following3 7e7 ,frequency ,each campaign administered under this section shall occur not less than once in each of fiscal years #bjbb through #bjbe with the exception of campaigns to reduce alcohol-impaired operation of motor vehicles which shall occur not less than twice in each of fiscal years #bjbb through #bjbe4 7f7 ,coordination of dynamic highway message signs ,during the time a ,state is carrying out a campaign1 the ,secretary shall coordinate with ,states carrying out the campaigns under this section on the use of dynamic highway message signs to support national high-visibility advertising and education efforts associated with the campaigns4 2 and 7#e7 in subsection 7g71 as so redesignated-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,dynamic highway message sign ,the term dynamic highway message sign means a traffic control device that is capable of displaying one or more alternative messages which convey information to occupants of motor vehicles4 2 and 7,c7 by adding at the end the following3 7#d7 ,texting ,the term texting has the meaning given such term in section #dje7;e74 4 #cjjg4 ,national priority safety programs 7a7 ,in general ,section #dje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking #ac percent and inserting #ab4he percent2 7,b7 in paragraph 7#b7 by striking #ad4e percent and inserting #ad4c percent2 7,c7 in paragraph 7#c7 by striking #eb4e percent and inserting #ea4ge percent2 7,d7 in paragraph 7#d7 by striking #h4e percent and inserting #h4c percent2 7,e7 in paragraph 7#f7 by striking #e percent and inserting #d4i percent2 7,f7 in paragraph 7#g7 by striking #e percent and inserting #d4i percent2 7,g7 in paragraph 7#h7-- 7i7 by striking paragraphs 7#a7 through 7#g7 and inserting paragraphs 7#a7 through 7#h72 7ii7 by striking subsection 7b7 through 7h7 and inserting subsections 7b7 through 7i72 and 7iii7 by inserting to carry out any of the other activities described in such subsections1 or the amount made available before under section #djb7;c77#b72 7,h7 in paragraph 7#i77;,a7 by striking date of enactment of the ,,fast ,act and inserting date of enactment of the ,,invest in ,america ,act2 7,i7 by redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#i7 and 7#aj71 respectively2 and 7,j7 by inserting after paragraph 7#g7 the following3 7#h7 ,driver and officer safety education ,in each fiscal year1 #a4e percent of the funds provided under this section shall be allocated among ,states that meet the requirements with respect to driver and officer safety education 7as described in subsection 7i774 2 7#b7 in subsection 7c77#c77;,e7 by striking #e and inserting #aj2 7#c7 in subsection 7b77#c7 by adding at the end the following3 7,c7 ,minimum amount ,a ,state that is eligible for funds under subparagraph 7,b71 shall use a minimum of #aj percent of such funds to carry out the activities under paragraph 7#d77;,a77v74 2 7#d7 in subsection 7b77#d7-- 7,a7 in subparagraph 7,a7 by striking clause 7v7 and inserting the following3 7v7 implement programs in low-income and underserved populations to-- 7,i7 recruit and train occupant protection safety professionals1 nationally certified child passenger safety technicians1 police officers1 fire and emergency medical personnel1 and educators serving low-income and underserved populations2 7,,ii7 educate parents and caregivers in low-income and underserved populations about the proper use and installation of child safety seats2 and 7,,iii7 purchase and distribute child safety seats to low-income and underserved populations2 and 2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #ajj percent and inserting #ij percent2 and 7ii7 by adding at the end the following3 ,the remaining #aj percent of such funds shall be used to carry out subsection 7,a77v74 2 7#e7 by striking subsection 7c77#d7 and inserting the following3 7#d7 ,use of grant amounts ,grant funds received by a ,state under this subsection shall be used for-- 7,a7 making data program improvements to core highway safety databases related to quantifiable1 measurable progress in any of the #f significant data program attributes set forth in paragraph 7#c77;,d72 7,b7 developing or acquiring programs to identify1 collect1 and report data to ,state and local government agencies1 and enter data1 including crash1 citation and adjudication1 driver1 emergency medical services or injury surveillance system1 roadway1 and vehicle1 into the core highway safety databases of a ,state2 7,c7 purchasing equipment to improve processes by which data is identified1 collected1 and reported to ,state and local government agencies2 7,d7 linking core highway safety databases of a ,state with such databases of other ,states or with other data systems within the ,state1 including systems that contain medical1 roadway1 and economic data2 7,e7 improving the compatibility and interoperability of the core highway safety databases of the ,state with national data systems and data systems of other ,states2 7,f7 enhancing the ability of a ,state and the ,secretary to observe and analyze local1 ,state1 and national trends in crash occurrences1 rates1 outcomes1 and circumstances2 7,g7 supporting traffic records-related training and related expenditures for law enforcement1 emergency medical1 judicial1 prosecutorial1 and traffic records professionals2 7,h7 hiring traffic records professionals1 including a ,fatality ,analysis ,reporting ,system liaison for a ,state2 and 7,i7 conducting research on ,state traffic safety information systems1 including developing and evaluating programs to improve core highway safety databases of such ,state and processes by which data is identified1 collected1 reported to ,state and local government agencies1 and entered into such core safety databases4 2 7#f7 by striking subsection 7d77#f77;,a7 and inserting the following3 7,a7 ,grants to ,states with alcohol-ignition interlock laws ,the ,secretary shall make a separate grant under this subsection to each ,state that-- 7i7 adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals arrested or convicted of driving under the influence of alcohol or of driving while intoxicated2 7ii7 does not allow any individual arrested or convicted of driving under the influence of alcohol or driving while intoxicated to drive a motor vehicle unless such individual installs an ignition interlock for a minimum #f-month interlock period2 or 7iii7 has-- 7,i7 enacted and is enforcing a state law requiring all individuals convicted of1 or whose driving privilege is revoked or denied for1 refusing to submit to a chemical or other test for the purpose of determining the presence or concentration of any intoxicating substance to install an ignition interlock for a minimum #f-month interlock period2 and 7,,ii7 a compliance-based removal program in which an individual arrested or convicted of driving under the influence of alcohol or driving while intoxicated shall install an ignition interlock for a minimum #f-month interlock period and have completed a minimum consecutive period of not less than #dj percent of the required interlock period immediately preceding the date of release1 without a confirmed violation of driving under the influence of alcohol or driving while intoxicated4 2 7#g7 in subsection 7e7-- 7,a7 in paragraph 7#a7 by striking paragraphs 7#b7 and 7#c7 and inserting paragraph 7#b72 7,b7 in paragraph 7#d7-- 7i7 by striking paragraph 7#b7 or 7#c7 and inserting paragraph 7#c7 or 7#d72 7ii7 in subparagraph 7,a7 by striking communications device to contact emergency services and inserting communications device during an emergency to contact emergency services or to prevent injury to persons or property2 7iii7 in subparagraph 7,c7 by striking 2 and and inserting a semicolon2 7iv7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7v7 by inserting after subparagraph 7,c7 the following3 7,d7 a driver who uses a personal wireless communication device for navigation2 and 2 7,c7 in paragraph 7#e77;,a77i7 by striking texting or using a cell phone while and inserting distracted2 7,d7 in paragraph 7#g7 by striking ,of the amounts and inserting ,in addition to the amounts authorized under section #djd and of the amounts2 7,e7 in paragraph 7#i7-- 7i7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,personal wireless communications device ,the term personal wireless communications device means-- 7i7 until the date on which the ,secretary issues a regulation pursuant to paragraph 7#h77;,a71 a device through which personal services 7as such term is defined in section #ccb7;c77#g77;,c77i7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#g77;,c77i77 are transmitted1 but not including the use of such a device as a global navigation system receiver used for positioning1 emergency notification1 or navigation purposes2 and 7ii7 on and after the date on which the ,secretary issues a regulation pursuant to paragraph 7#h77;,a71 the definition described in such regulation4 2 and 7ii7 by striking subparagraph 7,e7 and inserting the following3 7,e7 ,texting ,the term texting means-- 7i7 until the date on which the ,secretary issues a regulation pursuant to paragraph 7#h77;,a71 reading from or manually entering data into a personal wireless communications device1 including doing so for the purpose of ,,sms texting1 emailing1 instant messaging1 or engaging in any other form of electronic data retrieval or electronic data communication2 and 7ii7 on and after the date on which the ,secretary issues a regulation pursuant to paragraph 7#h77;,a71 the definition described in such regulation4 2 7,f7 by striking paragraphs 7#b71 7#c71 7#f71 and 7#h72 7,g7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 7,h7 by inserting after paragraph 7#a7 the following3 7#b7 ,allocation 7,a7 ,in general ,subject to subparagraphs 7,b71 7,c71 and 7,d71 the allocation of grant funds to a ,state under this subsection for a fiscal year shall be in proportion to the ,state's apportionment under section #djb for fiscal year #bjji4 7,b7 ,primary offense laws ,a ,state that has enacted and is enforcing a law that meets the requirements set forth in paragraphs 7#c7 and 7#d7 as a primary offense shall be allocated #ajj percent of the amount calculated under subparagraph 7,a74 7,c7 ,secondary offense laws ,a ,state that has enacted and is enforcing a law that meets the requirements set forth in paragraphs 7#c7 and 7#d7 as a secondary offense shall be allocated #ej percent of the amount calculated under subparagraph 7,a74 7,d7 ,texting while driving ,notwithstanding subparagraphs 7,b7 and 7,c71 a ,state shall be allocated #be percent of the amount calculated under subparagraph 7,a7 if such ,state has enacted and is enforcing a law that prohibits a driver from viewing a personal wireless communication device1 except for the purpose of navigation4 7#c7 ,prohibition on handheld personal wireless communication device use while driving ,a ,state law meets the requirements set forth in this paragraph if the law-- 7,a7 prohibits a driver from holding or using1 including texting1 a personal wireless communications device while driving1 except for the use of a personal wireless communications device-- 7i7 in a hands-free manner or with a hands-free accessory2 or 7ii7 to activate or deactivate a feature or function of the personal wireless communications device2 7,b7 establishes a fine for a violation of the law2 and 7,c7 does not provide for an exemption that specifically allows a driver to hold or use a personal wireless communication device while stopped in traffic4 7#d7 ,prohibition on personal wireless communication device use while driving or stopped in traffic ,a ,state law meets the requirements set forth in this paragraph if the law-- 7,a7 prohibits a driver from holding or using a personal wireless communications device while driving if the driver is-- 7i7 younger than #ah years of age2 or 7ii7 in the learner's permit or intermediate license stage described in subparagraph 7,a7 or 7,b7 of subsection 7g77#b72 7,b7 establishes a fine for a violation of the law2 and 7,c7 does not provide for an exemption that specifically allows a driver to use a personal wireless communication device while stopped in traffic4 2 and 7,i7 by inserting after paragraph 7#g7 the following3 7#h7 ,rulemaking ,not later than #a year after the date of enactment of this paragraph1 the ,secretary shall issue such regulations as are necessary to account for diverse ,state approaches to combating distracted driving that-- 7,a7 defines the terms personal wireless communications device and texting for the purposes of this subsection2 and 7,b7 determines additional permitted exceptions that are appropriate for a ,state law that meets the requirements under paragraph 7#c7 or 7#d74 2 7#h7 in subsection 7g7-- 7,a7 in paragraph 7#a7 by inserting subparagraphs 7,a7 and 7,b7 of before paragraph 7#b72 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,minimum requirements 7,a7 ,tier #a state ,a ,state shall be eligible for a grant under this subsection as a ,tier #a ,state if such ,state requires novice drivers younger than #ah years of age to comply with a #b-stage graduated driver licensing process before receiving an unrestricted driver's license that includes-- 7i7 a learner's permit stage that-- 7,i7 is at least #ahj days in duration2 7,,ii7 requires that the driver be accompanied and supervised at all times2 and 7,,iii7 has a requirement that the driver obtain at least #dj hours of behind-the-wheel training with a supervisor2 and 7ii7 an intermediate stage that-- 7,i7 commences immediately after the expiration of the learner's permit stage2 7,,ii7 is at least #ahj days in duration2 and 7,,iii7 for the first #ahj days of the intermediate stage1 restricts the driver from-- 7aa7 driving at night between the hours of #aa3jj p4m4 and at least #d3jj a4m4 except-- 7,,aa7 when a parent1 guardian1 driving instructor1 or licensed driver who is at least #ba years of age is in the motor vehicle2 and 7,,bb7 when driving to and from work1 school and school-related activities1 religious activities1 for emergencies1 or as a member of voluntary emergency service2 and 7bb7 operating a motor vehicle with more than #a nonfamilial passenger younger than #ah years of age1 except when a parent1 guardian1 driving instructor1 or licensed driver who is at least #ba years of age is in the motor vehicle4 7,b7 ,tier #b state ,a ,state shall be eligible for a grant under this subsection as a ,tier #b ,state if such ,state requires novice drivers younger than #ah years of age to comply with a #b-stage graduated driver licensing process before receiving an unrestricted driver's license that includes-- 7i7 a learner's permit stage that-- 7,i7 is at least #ahj days in duration2 7,,ii7 requires that the driver be accompanied and supervised at all times2 and 7,,iii7 has a requirement that the driver obtain at least #ej hours of behind-the-wheel training1 with at least #aj hours at night1 with a supervisor2 and 7ii7 an intermediate stage that-- 7,i7 commences immediately after the expiration of the learner's permit stage2 7,,ii7 is at least #ahj days in duration2 and 7,,iii7 for the first #ahj days of the intermediate stage1 restricts the driver from-- 7aa7 driving at night between the hours of #aj3jj p4m4 and at least #d3jj a4m4 except-- 7,,aa7 when a parent1 guardian1 driving instructor1 or licensed driver who is at least #ba years of age is in the motor vehicle2 and 7,,bb7 when driving to and from work1 school and school-related activities1 religious activities1 for emergencies1 or as a member of voluntary emergency service2 and 7bb7 operating a motor vehicle with any nonfamilial passenger younger than #ah years of age1 except when a parent1 guardian1 driving instructor1 or licensed driver who is at least #ba years of age is in the motor vehicle4 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7 by inserting subparagraphs 7,a7 and 7,b7 of before paragraph 7#b72 and 7ii7 in subparagraph 7,b7 by inserting subparagraphs 7,a7 and 7,b7 of before paragraph 7#b7 each place such term appears2 7,d7 in paragraph 7#d7 by striking such fiscal year and inserting fiscal year #bjji2 and 7,e7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,use of funds 7,a7 ,tier #a ,states ,a ,tier #a ,state shall use grant funds provided under this subsection for-- 7i7 enforcing a #b-stage licensing process that complies with paragraph 7#b72 7ii7 training for law enforcement personnel and other relevant ,state agency personnel relating to the enforcement described in clause 7i72 7iii7 publishing relevant educational materials that pertain directly or indirectly to the ,state graduated driver licensing law2 7iv7 carrying out other administrative activities that the ,secretary considers relevant to the ,state's #b-stage licensing process2 or 7v7 carrying out a teen traffic safety program described in section #djb7m74 7,b7 ,tier #b ,states ,of the grant funds made available to a ,tier #b ,state under this subsection-- 7i7 #be percent shall be used for any activity described in subparagraph 7,a72 and 7ii7 #ge percent may be used for any project or activity eligible under section #djb4 2 7#i7 by amending subsection 7h77#d7 to read as follows3 7#d7 ,use of grant amounts ,grant funds received by a ,state under this subsection may be used for the safety of pedestrians and bicyclists1 including-- 7,a7 training of law enforcement officials on pedestrian and bicycle safety1 ,state laws applicable to pedestrian and bicycle safety1 and infrastructure designed to improve pedestrian and bicycle safety2 7,b7 carrying out a program to support enforcement mobilizations and campaigns designed to enforce ,state traffic laws applicable to pedestrian and bicycle safety2 7,c7 public education and awareness programs designed to inform motorists1 pedestrians1 and bicyclists about-- 7i7 pedestrian and bicycle safety1 including information on nonmotorized mobility and the important of speed management to the safety of pedestrians and bicyclists2 7ii7 the value of the use of pedestrian and bicycle safety equipment1 including lighting1 conspicuity equipment1 mirrors1 helmets and other protective equipment1 and compliance with any ,state or local laws requiring their use2 7iii7 ,state traffic laws applicable to pedestrian and bicycle safety1 including motorists' responsibilities towards pedestrians and bicyclists2 and 7iv7 infrastructure designed to improve pedestrian and bicycle safety2 and 7,d7 data analysis and research concerning pedestrian and bicycle safety4 2 and 7#aj7 by adding at the end the following3 7i7 ,driver and officer safety education 7#a7 ,general authority ,subject to the requirements under this subsection1 the ,secretary shall award grants to-- 7,a7 ,states that enact a commuter safety education program2 and 7,b7 ,states qualifying under paragraph 7#e77;,a74 7#b7 ,federal share ,the ,federal share of the costs of activities carried out using amounts from a grant awarded under this subsection may not exceed #hj percent4 7#c7 ,eligibility ,to be eligible for a grant under this subsection1 a ,state shall enact a law or adopt a program that requires the following3 7,a7 ,driver education and driving safety courses ,inclusion1 in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the ,state1 of instruction and testing concerning law enforcement practices during traffic stops1 including information on-- 7i7 the role of law enforcement and the duties and responsibilities of peace officers2 7ii7 an individual's legal rights concerning interactions with peace officers2 7iii7 best practices for civilians and peace officers during such interactions2 7iv7 the consequences for an individual's or officer's failure to comply with those laws and programs2 and 7v7 how and where to file a complaint against or a compliment on behalf of a peace officer4 7,b7 ,peace officer training programs ,development and implementation of a training program1 including instruction and testing materials1 for peace officers and reserve law enforcement officers 7other than officers who have received training in a civilian course described in subparagraph 7,a77 with respect to proper interaction with civilians during traffic stops4 7#d7 ,grant amount ,the allocation of grant funds to a ,state under this subsection for a fiscal year shall be in proportion to the ,state's apportionment under section #djb for fiscal year #bjji4 7#e7 ,special rule for certain ,states 7,a7 ,qualifying state ,a ,state qualifies pursuant to this subparagraph if-- 7i7 the ,secretary determines such ,state has taken meaningful steps toward the full implementation of a law or program described in paragraph 7#c72 7ii7 the ,secretary determines such ,state has established a timetable for the implementation of such a law or program2 and 7iii7 such ,state has received a grant pursuant to this subsection for a period of not more than #e years4 7,b7 ,withholding ,with respect to a ,state that qualifies pursuant to subparagraph 7,a71 the ,secretary shall-- 7i7 withhold #ej percent of the amount that such ,state would otherwise receive if such ,state were a ,state described in paragraph 7#a77;,a72 and 7ii7 direct any such amounts for distribution among the ,states that are enforcing and carrying out a law or program described in paragraph 7#c74 7#f7 ,use of grant amounts ,a ,state receiving a grant under this subsection may use such grant-- 7,a7 for the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph 7#c72 and 7,b7 for the implementation of the law described in paragraph 7#c74 4 7b7 ,conforming amendment ,sections #djb1 #djc1 and #dje of title #bc1 ,united ,states ,code1 are amended-- 7#a7 by striking accidents and inserting crashes each place it appears2 and 7#b7 by striking accident and inserting crash each place it appears4 #cjjh4 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence ,section #afd7;b77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 by striking alcohol-impaired and inserting alcohol or polysubstance-impaired2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking alcohol-impaired and inserting alcohol or polysubstance-impaired2 7,b7 by striking or and inserting a comma2 and 7,c7 by inserting 1 or driving while polysubstance-impaired after driving under the influence4 #cjji4 ,national priority safety program grant eligibility ,section #djaj7b7 of the ,,fast ,act 7#bc ,u4,s4,c4 #dje note7 is amended by striking deficiencies and inserting all deficiencies4 #cjaj4 ,implicit bias research and training grants 7a7 ,in general ,the ,secretary of ,transportation shall make grants to institutions of higher education 7as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7 for research and training in the operation or establishment of an implicit bias training program as it relates to racial profiling at traffic stops4 7b7 ,qualifications ,to be eligible for a grant under this section1 an institution of higher education shall-- 7#a7 have an active research program or demonstrate1 to the satisfaction of the ,secretary1 that the applicant is beginning a research program to study implicit bias as it relates to racial profiling before and during traffic stops2 and 7#b7 partner with ,state and local police departments to conduct the research described in paragraph 7#a7 and carry out the implementation of implicit bias training with ,state and local police departments4 7c7 ,report ,no later than #a year after a grant has been awarded under this section1 the institution of higher education awarded the grant shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report summarizing the research on implicit bias as it relates to racial profiling before and during traffic stops1 and recommendations on effective interventions and trainings4 7d7 ,authorization of appropriations ,there are authorized to be appropriated #aj1jjj1jjj for each fiscal year to carry out this section4 7e7 ,definitions ,in this section1 the term implicit bias training program means a program that looks at the attitudes1 stereotypes1 and lenses human beings develop through various experiences in life that can unconsciously affect how they interact with one another4 #cjaa4 ,stop motorcycle checkpoint funding ,section #djjg of the ,,fast ,act 7#bc ,u4,s4,c4 #aec note7 is amended-- 7#a7 in paragraph 7#a7 by striking or at the end2 7#b7 in paragraph 7#b7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#c7 otherwise profile and stop motorcycle operators or motorcycle passengers using as a factor the clothing or mode of transportation of such operators or passengers4 4 #cjab4 ,electronic driver's license 7a7 ,,real ,,id ,act ,section #bjb7;a77#a7 of the ,,real ,,id ,act of #bjje 7#di ,u4,s4,c4 #cjcja note7 is amended by striking a driver's license or identification card and inserting a physical or digital driver's license or identification card4 7b7 ,title #ah ,section #ajbh7;d77#g77;,a7 of title #ah1 ,united ,states ,code1 is amended by striking government issued driver's license and inserting government issued physical or digital driver's license4 #cjac4 ,motorcyclist ,advisory ,council 7a7 ,short title ,this section may be cited as the ,motorcyclist ,advisory ,council ,reauthorization ,act4 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a ,motorcyclist ,advisory ,council 7in this section referred to as the ,council74 7c7 ,duties 7#a7 ,advising ,the ,council shall advise the ,secretary1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 and the ,administrator of the ,federal ,highway ,administration on transportation issues of concern to motorcyclists1 including-- 7,a7 barrier design2 7,b7 road design1 construction1 and maintenance practices2 and 7,c7 the architecture and implementation of intelligent transportation system technologies4 7#b7 ,biennial council report 7,a7 ,in general ,the ,council shall submit a report to the ,secretary containing the ,council's recommendations regarding the issues described in paragraph 7#a7 on which the ,council provides advice pursuant to such paragraph4 7,b7 ,timing ,not later than ,october #ca of the calendar year following the calendar year in which the ,council is established1 and by every #bnd ,october #ca thereafter1 the ,council shall submit the report required under this paragraph4 7d7 ,membership 7#a7 ,in general ,the ,council shall be comprised of #ab members appointed by the ,secretary as follows3 7,a7 ,five experts from ,state or local government on highway engineering issues1 including-- 7i7 barrier design2 7ii7 road design1 construction1 and maintenance2 or 7iii7 intelligent transportation systems4 7,b7 ,one ,state or local traffic and safety engineer1 design engineer1 or other transportation department official who is a motorcyclist4 7,c7 ,one representative from a national association of ,state transportation officials4 7,d7 ,one representative from a national motorcyclist association4 7,e7 ,one representative from a national motorcyclist foundation4 7,f7 ,one representative from a national motorcycle manufacturing association4 7,g7 ,one roadway safety data expert on crash testing and analysis4 7,h7 ,one member of a national safety organization that represents the traffic safety systems industry4 7#b7 ,duration 7,a7 ,term ,subject to subparagraphs 7,b7 and 7,c71 each member shall serve one term of #b years4 7,b7 ,additional terms ,if a successor is not designated for a member before the expiration of the term the member is serving1 the member may serve another term4 7,c7 ,appointment of replacements ,if a member resigns before serving a full #b-year term1 the ,secretary may appoint a replacement for such member to serve the remaining portion such term4 ,a member may continue to serve after resignation until a successor has been appointed4 ,a vacancy in the ,council shall be filled in the manner in which the original appointment was made4 7#c7 ,compensation ,members shall serve without compensation4 7e7 ,termination ,the ,council shall terminate #f years after the date of its establishment4 7f7 ,duties of the ,secretary 7#a7 ,accept or reject recommendation 7,a7 ,secretary determines ,the ,secretary shall determine whether to accept or reject a recommendation contained in a ,council report4 7,b7 ,timing 7i7 ,must accept or reject ,the ,secretary must indicate in each report submitted under this section the ,secretary's acceptance or rejection of each recommendation listed in such report4 7ii7 ,exception ,the ,secretary may indicate in a report submitted under this section that a recommendation is under consideration4 ,if the ,secretary does so1 the ,secretary must accept or reject the recommendation in the next report submitted under this section4 7#b7 ,report 7,a7 ,in general ,not later than #fj days after the ,secretary receives a ,council report1 the ,secretary shall submit a report to the following committees and subcommittees3 7i7 ,the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7ii7 ,the ,committee on ,environment and ,public ,works of the ,senate4 7iii7 ,the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7iv7 ,the ,subcommittee on ,transportation1 and ,housing and ,urban ,development1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives4 7v7 ,the ,subcommittee on ,transportation1 and ,housing and ,urban ,development1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate4 7,b7 ,contents ,a report submitted under this subsection shall include-- 7i7 a list containing-- 7,i7 each recommendation contained in the ,council report described in paragraph 7#a72 and 7,,ii7 each recommendation indicated as under consideration in the previous report submitted under this subsection2 and 7ii7 for each such recommendation1 whether it is accepted1 rejected1 or under consideration by the ,secretary4 7#c7 ,administrative and technical support ,the ,secretary shall provide such administrative support1 staff1 and technical assistance to the ,council as the ,secretary determines to be necessary for the ,council to carry out its duties4 7g7 ,definitions ,in this section3 7#a7 ,council report ,the term ,council report means the report described in subsection 7f77#b74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #cjad4 ,report on marijuana research 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,attorney ,general and the ,secretary of ,health and ,human ,services1 shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on the ,department of ,transportation website1 a report and recommendations on-- 7#a7 increasing and improving access1 for scientific researchers studying impairment while driving under the influence of marijuana1 to samples and strains of marijuana and products containing marijuana lawfully being offered to patients or consumers in a ,state on a retail basis2 7#b7 establishing a national clearinghouse to collect and distribute samples and strains of marijuana for scientific research that includes marijuana and products containing marijuana lawfully available to patients or consumers in a ,state on a retail basis2 7#c7 facilitating access1 for scientific researchers located in ,states that have not legalized marijuana for medical or recreational use1 to samples and strains of marijuana and products containing marijuana from such clearinghouse for purposes of research on marijuana-impaired driving2 and 7#d7 identifying ,federal statutory and regulatory barriers to the conduct of scientific research and the establishment of a national clearinghouse for purposes of facilitating research on marijuana-impaired driving4 7b7 ,definition of marijuana ,in this section1 the term marijuana has the meaning given such term in section #djjh of the ,,fast ,act 7,public ,law #aad-id74 ,,iv ,motor ,carrier ,safety ,a ,motor ,carrier ,safety ,grants1 ,operations1 and ,programs #daja4 ,motor carrier safety grants 7a7 ,in general ,section #caajd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,financial assistance programs ,the following sums are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,motor carrier safety assistance program ,subject to paragraph 7#b7 and subsection 7c71 to carry out section #caajb 7except subsection 7l77-- 7,a7 #chh1iej1jjj for fiscal year #bjbb2 7,b7 #cih1gjj1jjj for fiscal year #bjbc2 7,c7 #djh1ijj1jjj for fiscal year #bjbd2 and 7,d7 #dah1dbe1jjj for fiscal year #bjbe4 7#b7 ,high-priority activities program ,subject to subsection 7c71 to carry out section #caajb7l7-- 7,a7 #gb1fjd1jjj for fiscal year #bjbb2 7,b7 #gd1dbd1jjj for fiscal year #bjbc2 7,c7 #gf1cbh1jjj for fiscal year #bjbd2 and 7,d7 #gh1ajf1jjj for fiscal year #bjbe4 7#c7 ,commercial motor vehicle operators grant program ,to carry out section #caajc-- 7,a7 #a1jcg1bjj for fiscal year #bjbb2 7,b7 #a1jfc1bjj for fiscal year #bjbc2 7,c7 #a1jij1djj for fiscal year #bjbd2 and 7,d7 #a1aae1hjj for fiscal year #bjbe4 7#d7 ,commercial driver's license program implementation program ,subject to subsection 7c71 to carry out section #cacac-- 7,a7 #ef1jjh1hjj for fiscal year #bjbb2 7,b7 #eg1dab1hjj for fiscal year #bjbc2 7,c7 #eh1hha1fjj for fiscal year #bjbd2 and 7,d7 #fj1bec1bjj for fiscal year #bjbe4 2 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,partner training and program support 7#a7 ,in general ,on ,october #a of each fiscal year1 or as soon after that date as practicable1 the ,secretary may deduct from amounts made available under paragraphs 7#a71 7#b71 and 7#d7 of subsection 7a7 for that fiscal year not more than #a4ej percent of those amounts for partner training and program support in that fiscal year4 7#b7 ,use of funds ,the ,secretary shall use at least #ge percent of the amounts deducted under paragraph 7#a7 on training and related training materials for non-,federal ,government employees4 7#c7 ,partnership ,the ,secretary shall carry out the training and development of materials pursuant to paragraph 7#b7 in partnership with one or more nonprofit organizations1 selected on a competitive basis1 that have-- 7,a7 expertise in conducting a training program for non-,federal ,government employees2 and 7,b7 a demonstrated ability to involve in a training program the target population of commercial motor vehicle safety enforcement employees4 2 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by striking the next fiscal year and inserting the following #b fiscal years2 7,b7 in paragraph 7#b7-- 7i7 by striking section #caajb7l77#b7 and inserting paragraphs 7#b7 and 7#d7 of section #caajb7l72 7ii7 by striking the next #b fiscal years and inserting the following #c fiscal years2 and 7,c7 in paragraph 7#c7 by striking the next #d fiscal years and inserting the following #e fiscal years2 and 7#d7 by adding at the end the following3 7j7 ,treatment of reallocations ,amounts that are obligated and subsequently1 after the date of enactment of this subsection1 released back to the ,secretary under subsection 7i7 shall not be subject to limitations on obligations provided under any other provision of law4 4 7b7 ,commercial driver's license program implementation financial assistance program ,section #cacac7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking the period at the end and inserting 2 and2 7#b7 by striking ,a recipient and inserting the following3 ,in participating in financial assistance program under this section-- 7#a7 a recipient 2 and 7#c7 by adding at the end the following3 7#b7 a ,state may not receive more than #bej1jjj in grants under subsection 7a77#b7 in any fiscal year-- 7,a7 in which the ,state prohibits private commercial driving schools or independent commercial driver's license testing facilities from offering a commercial driver's license skills test as a third-party tester2 or 7,b7 in which a ,state fails to report to the ,administrator of the ,federal ,motor ,carrier ,safety ,administration1 during the previous fiscal year1 the average number of days of delays for an initial commercial driver's license skills test or retest within the ,state4 4 #dajb4 ,motor carrier safety operations and programs 7a7 ,in general ,section #caaaj of title #di1 ,united ,states ,code1 is amended by striking subsection 7a7 and inserting the following3 7a7 ,administrative expenses ,there is authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for the ,secretary of ,transportation to pay administrative expenses of the ,federal ,motor ,carrier ,safety ,administration-- 7#a7 #chj1ejj1jjj for fiscal year #bjbb2 7#b7 #cha1ejj1jjj for fiscal year #bjbc2 7#c7 #chb1ejj1jjj for fiscal year #bjbd2 and 7#d7 #chd1ejj1jjj for fiscal year #bjbe4 4 7b7 ,administrative expenses 7#a7 ,use of funds ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall use funds made available in subsection 7a7 for-- 7,a7 acceleration of planned investments to modernize the ,administration's information technology and information management systems2 7,b7 completing outstanding mandates2 7,c7 carrying out a ,large ,truck ,crash ,causal ,factors ,study of the ,administration2 7,d7 construction and maintenance of border facilities2 and 7,e7 other activities authorized under section #caaaj7;b7 of title #di1 ,united ,states ,code4 7#b7 ,definition of outstanding mandate ,in this subsection1 the term outstanding mandate means a requirement for the ,federal ,motor ,carrier ,safety ,administration to issue regulations1 undertake a comprehensive review or study1 conduct a safety assessment1 or collect data-- 7,a7 under this ,act2 7,b7 under ,,map-#ba 7,public ,law #aab-ada71 that has not been published in the ,federal ,register1 if required1 or otherwise completed as of the date of enactment of this ,act2 7,c7 under the ,,fast ,act 7,public ,law #aad-id71 that has not been published in the ,federal ,register1 if required1 or otherwise completed as of the date of enactment of this ,act2 and 7,d7 under any other ,act enacted before the date of enactment of this ,act that has not been published in the ,federal ,register by the date required in such ,act4 #dajc4 ,immobilization grant program ,section #caajb7l7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking and 7#c7 and inserting 1 7#c71 and 7#d72 and 7#b7 by adding at the end the following3 7#d7 ,immobilization grant program 7,a7 ,in general ,the ,secretary shall establish an immobilization grant program to make discretionary grants to ,states for the immobilization or impoundment of passenger-carrying commercial motor vehicles if such vehicles are found to be unsafe or fail inspection4 7,b7 ,criteria for immobilization ,the ,secretary1 in consultation with ,state commercial motor vehicle entities1 shall develop a list of commercial motor vehicle safety violations and defects that the ,secretary determines warrant the immediate immobilization of a passenger-carrying commercial motor vehicle4 7,c7 ,eligibility ,a ,state is only eligible to receive a grant under this paragraph if such ,state has the authority to require the immobilization or impoundment of a passenger-carrying commercial motor vehicle if such vehicle is found to have a violation or defect included in the list developed under subparagraph 7,b74 7,d7 ,use of funds ,grant funds provided under this paragraph may be used for-- 7i7 the immobilization or impoundment of passenger-carrying commercial motor vehicles found to have a violation or defect included in the list developed under subparagraph 7,b72 7ii7 safety inspections of such vehicles2 and 7iii7 other activities related to the activities described in clauses 7i7 and 7ii71 as determined by the ,secretary4 7,e7 ,secretary authorization ,the ,secretary is authorized to award a ,state funding for the costs associated with carrying out an immobilization program with funds made available under section #caajd7;a77#b74 7,f7 ,definition of passenger-carrying commercial motor vehicle ,in this paragraph1 the term passenger-carrying commercial motor vehicle has the meaning given the term commercial motor vehicle in section #cacja4 4 #dajd4 ,operation of small commercial vehicles study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall initiate a review of the prevalence of1 characteristics of1 and safe operation of commercial vehicles that have a gross vehicle weight rating or gross vehicle weight below #aj1jjj pounds1 and are utilized in package delivery of goods moving in interstate commerce4 7b7 ,independent research ,if the ,secretary decides to enter into a contract with a third party to perform the research required under subsection 7a71 the ,secretary shall-- 7#a7 solicit applications from research institutions that conduct objective1 fact-based research to conduct the study2 and 7#b7 ensure that such third party does not have any financial or contractual ties with an entity engaged in interstate commerce utilizing commercial vehicles or commercial motor vehicles4 7c7 ,entities included ,as part of the review1 the ,secretary shall collect information from a cross-section of companies that use fleets of such vehicles for package delivery in interstate commerce1 including companies that-- 7#a7 directly perform deliveries2 use contracted entities to perform work2 and 7#b7 utilize a combination of direct deliveries and contract entities4 7d7 ,evaluation factors ,the review shall include an evaluation of the following3 7#a7 ,fleet characteristics1 including fleet structure1 and vehicle miles traveled4 7#b7 ,fleet management1 including scheduling of deliveries and maintenance practices4 7#c7 ,driver employment characteristics1 including the basis of compensation and classification4 7#d7 ,how training1 medical fitness1 hours on duty1 and safety of drivers is evaluated and overseen by companies1 including prevention of occupational injuries and illnesses4 7#e7 ,safety performance metrics1 based on data associated with the included entities1 including crash rates1 moving violations1 failed inspections1 and other related data points4 7#f7 ,financial responsibility and liability for safety or maintenance violations among companies1 fleet managers1 and drivers4 7#g7 ,loading and unloading practices1 and how package placement in the vehicle is determined4 7#h7 ,other relevant information determined necessary by the ,secretary in order to make recommendations under subsection 7e74 7e7 ,report and ,recommendations ,upon completion of the review1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce of the ,senate a report containing-- 7#a7 the findings of the ,secretary on each of the factors in 7d72 7#b7 a list of regulations applicable to commercial motor vehicles and commercial motor vehicle operators that are not applicable to commercial vehicle operations described in this section2 and 7#c7 recommendations1 based on the findings1 on changes to laws or regulations at the ,federal1 ,state1 or local level to promote safe operations and safe and fair working conditions for commercial vehicle operators4 ,b ,motor ,carrier ,safety ,oversight #dbja4 ,motor carrier safety advisory committee ,section #dadd of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajj note7 is amended-- 7#a7 in subsection 7b77#a7 by inserting 1 including small business motor carriers after industry2 and 7#b7 in subsection 7d7 by striking ,september #cj1 #bjac and inserting ,september #cj1 #bjbe4 #dbjb4 ,compliance1 safety1 accountability 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall implement a revised methodology to be used in the ,compliance1 ,safety1 ,accountability program of the ,federal ,motor ,carrier ,safety ,administration to identify and prioritize motor carriers for intervention1 using the recommendations of the study required by section #ebba7;a7 of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note74 7b7 ,data availability ,the ,secretary shall1 in working toward implementation of the revised methodology described in subsection 7a7 prioritize revisions necessary to-- 7#a7 restore the public availability of all relevant safety data under a revised methodology2 and 7#b7 make such safety data publicly available that was made publicly available on the day before the date of enactment of the ,,fast ,act1 and make publicly available any safety data that was required to be made available by section #ebbc of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note74 7c7 ,implementation 7#a7 ,progress reports ,not later than #cj days after the date of enactment of this ,act1 and every #ij days thereafter until the date on which the ,secretary implements the revised methodology described in subsection 7a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on a website of the ,department of ,transportation1 a progress report on-- 7,a7 the status of the revision of the methodology and related data modifications under subsection 7a71 a timeline for completion of such revision1 and an estimated date for implementation of such revised methodology2 7,b7 an explanation for any delays in development or implementation of the revised methodology over the reporting period2 and 7,c7 if the ,secretary has not resumed making publicly available the data described in subsection 7b71 an updated timeline for the restoration of the public availability of data and a detailed explanation for why such restoration has not occurred4 7#b7 ,publication and notification ,prior to commencing the use of the revised methodology described in subsection 7a7 to identify and prioritize motor carriers for intervention 7other than in a testing capacity71 the ,secretary shall-- 7,a7 publish a detailed summary of the methodology in the ,federal ,register and provide a period for public comment2 and 7,b7 notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 in writing4 7d7 ,safety fitness rule 7#a7 ,rulemaking ,not later than #a year after the date on which the ,secretary notifies ,congress under subsection 7c77#b71 the ,secretary shall issue final regulations pursuant to section #caadd7;b7 of title #di1 ,united ,states ,code1 to revise the methodology for issuance of motor carrier safety fitness determinations4 7#b7 ,considerations ,in issuing the regulations under paragraph 7#a71 the ,secretary shall consider the use of all available data to determine the fitness of a motor carrier4 7e7 ,repeal ,section #ebbc of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note71 and the item related to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 #dbjc4 ,terms and conditions for exemptions ,section #cacae of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#d77;,a7 by inserting 1 including data submission requirements1 after terms and conditions2 and 7,b7 by striking paragraph 7#h7 and inserting the following3 7#h7 ,terms and conditions 7,a7 ,in general ,the ,secretary shall establish terms and conditions for each exemption to ensure that the exemption will not likely degrade the level of safety achieved by the person or class of persons granted the exemption1 and allow the ,secretary to evaluate whether an equivalent level of safety is maintained while the person or class of persons is operating under such exemption1 including-- 7i7 requiring the regular submission of accident and incident data to the ,secretary2 7ii7 requiring immediate notification to the ,secretary in the event of a crash that results in a fatality or serious bodily injury2 7iii7 for exemptions granted by the ,secretary related to hours of service rules under part #cie of title #di1 ,code of ,federal ,regulations1 requiring that the exempt person or class of persons submit to the ,secretary evidence of participation in a recognized fatigue management plan2 and 7iv7 providing documentation of the authority to operate under the exemption to each exempt person1 to be used to demonstrate compliance if requested by a motor carrier safety enforcement officer during a roadside inspection4 7,b7 ,implementation ,the ,secretary shall monitor the implementation of the exemption to ensure compliance with its terms and conditions4 2 and 7#b7 in subsection 7e7 by inserting 1 based on an analysis of data collected by the ,secretary and submitted to the ,secretary under subsection 7b77#h7 after safety4 #dbjd4 ,safety fitness of motor carriers of passengers ,section #caadd7;i7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7 by striking who the ,secretary registers under section #acijb or #caacd2 and 7,b7 in subparagraph 7,b7 by inserting to motor carriers of passengers and after apply2 and 7#b7 by adding at the end the following3 7#e7 ,motor carrier of passengers defined ,in this subsection1 the term motor carrier of passengers includes an offeror of motorcoach services that sells scheduled transportation of passengers for compensation at fares and on schedules and routes determined by such offeror1 regardless of ownership or control of the vehicles or drivers used to provide the transportation by motorcoach4 4 #dbje4 ,providers of recreational activities ,section #acejf7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7 by striking or at the end2 7#b7 in paragraph 7#c7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#d7 transportation by a motor vehicle designed or used to transport between #i and #ae passengers 7including the driver71 whether operated alone or with a trailer attached for the transport of recreational equipment1 that is operated by a person that provides recreational activities if-- 7,a7 the transportation is provided within a #aej air-mile radius of the location where passengers are boarded2 and 7,b7 the person operating the motor vehicle1 if transporting passengers over a route between a place in a ,state and a place in another ,state1 is otherwise lawfully providing transportation of passengers over the entire route in accordance with applicable ,state law4 4 #dbjf4 ,amendments to regulations relating to transportation of household goods in interstate commerce 7a7 ,definitions ,in this section3 7#a7 ,administration ,the term ,administration means the ,federal ,motor ,carrier ,safety ,administration4 7#b7 ,covered carrier ,the term covered carrier means a motor carrier that is-- 7,a7 engaged in the interstate transportation of household goods2 and 7,b7 subject to the requirements of part #cge of title #di1 ,code of ,federal ,regulations 7as in effect on the effective date of the amendments required by subsection 7b774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,amendments to regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a notice of proposed rulemaking to amend regulations related to the interstate transportation of household goods4 7c7 ,considerations ,in issuing the notice of proposed rulemaking under subsection 7b71 the ,secretary shall consider the following recommended amendments to provisions of title #di1 ,code of ,federal ,regulations3 7#a7 ,section #cge4bjg7;b7 to require each covered carrier to include on the website of the covered carrier a link-- 7,a7 to the publication of the ,administration titled ,ready to ,move-,tips for a ,successful ,interstate ,move 7,,esa #jcjje7 on the website of the ,administration2 or 7,b7 to a copy of the publication referred to in subparagraph 7,a7 on the website of the covered carrier4 7#b7 ,subsections 7a7 and 7b77#a7 of section #cge4bac to require each covered carrier to provide to each individual shipper1 with any written estimate provided to the shipper1 a copy of the publication described in appendix ,a of part #cge of such title1 entitled ,your ,rights and ,responsibilities ,when ,you ,move 7,,esa-#jc-jjf 7or a successor publication771 in the form of a written copy or a hyperlink on the website of the covered carrier to the location on the website of the ,administration containing such publication4 7#c7 ,subsection 7e7 of section #cge4bac1 to repeal such subsection4 7#d7 ,section #cge4dja7;a71 to require each covered carrier-- 7,a7 to conduct a visual survey of the household goods to be transported by the covered carrier-- 7i7 in person2 or 7ii7 virtually1 using-- 7,i7 a remote camera2 or 7,,ii7 another appropriate technology2 7,b7 to offer a visual survey described in subparagraph 7,a7 for all household goods shipments1 regardless of the distance between-- 7i7 the location of the household goods2 and 7ii7 the location of the agent of the covered carrier preparing the estimate2 and 7,c7 to provide to each shipper a copy of publication of the ,administration titled ,ready to ,move-,tips for a ,successful ,interstate ,move 7,,esa #jcjje7 on receipt from the shipper of a request to schedule1 or a waiver of1 a visual survey offered under subparagraph 7,b74 7#e7 ,sections #cge4dja7;b77#a71 #cge4djc7;a77#f77;ii71 and #cge4dje7;b77#g77;ii71 and subpart ,d of appendix ,a of part #cge1 to require that1 in any case in which a shipper tenders any additional item or requests any additional service prior to loading a shipment1 the affected covered carrier shall-- 7,a7 prepare a new estimate2 and 7,b7 maintain a record of the date1 time1 and manner in which the new estimate was accepted by the shipper4 7#f7 ,section #cge4eja7;a71 to establish that a covered carrier is not required to provide to a shipper an order for service if the covered carrier elects to provide the information described in paragraphs 7#a7 through 7#ae7 of such section in a bill of lading that is presented to the shipper before the covered carrier receives the shipment4 7#g7 ,subpart ,h of part #cge1 to replace the replace the terms freight bill and expense bill with the term invoice4 ,c ,commercial ,motor ,vehicle ,driver ,safety #dcja4 ,commercial driver's license for passenger carriers ,section #cacja7d77;,b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7,b7 is designed or used to transport-- 7i7 more than #h passengers 7including the driver7 for compensation2 or 7ii7 more than #ae passengers 7including the driver71 whether or not the transportation is provided for compensation2 or 4 #dcjb4 ,alcohol and controlled substances testing ,section #cacjf7;c77#b7 of title #di1 ,united ,states ,code1 is amended by striking 1 for urine testing14 #dcjc4 ,entry-level driver training ,not later than ,january #a1 #bjba1 and every #ij days thereafter until the compliance date for the final rule published on ,december #h1 #bjaf1 titled ,minimum ,training ,requirements for ,entry-,level ,commercial ,motor ,vehicle ,operators 7#ha ,fed4 ,reg4 #hhgcb71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on-- 7#a7 a schedule1 including benchmarks1 to complete implementation of the requirements under such final rule2 7#b7 any anticipated delays1 if applicable1 in meeting the benchmarks described in paragraph 7#a72 7#c7 the progress that the ,secretary has made in updating the ,department of ,transportation's information technology infrastructure to support the training provider registry2 7#d7 a list of ,states that have adopted laws or regulations to implement such final rule2 and 7#e7 a list of ,states1 if applicable1 that are implementing the rule and confirming that an applicant for a commercial driver's license has complied with the requirements4 #dcjd4 ,driver detention time 7a7 ,data collection ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 begin to collect data on delays experienced by operators of commercial motor vehicles1 as required under section #eeja of the ,,fast ,act 7#di ,u4,s4,c4 #adajc note7 and as referenced in the request for information published on ,june #aj1 #bjai1 titled ,request for ,information ,concerning ,commercial ,motor ,vehicle ,driver ,detention ,times ,during ,loading and ,unloading 7#hd ,fed4 ,reg4 #bficb72 and 7#b7 make such data available on a publicly accessible website of the ,department of ,transportation4 7b7 ,detention time limits 7#a7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall initiate a rulemaking to establish limits on the amount of time that an operator of a commercial motor vehicle may be reasonably detained by a shipper or receiver before the loading or unloading of the vehicle1 if the operator is not compensated for such time detained4 7#b7 ,contents ,as part of the rulemaking conducted pursuant to subsection 7a71 the ,secretary shall-- 7,a7 consider the diverse nature of operations in the movement of goods by commercial motor vehicle2 7,b7 examine any correlation between time detained and violations of the hours-of-service rules under part #cie of title #di1 ,code of ,federal ,regulations2 7,c7 determine whether the effect of detention time on safety differs based on-- 7i7 how an operator is compensated2 and 7ii7 the contractual relationship between the operator and the motor carrier1 including whether an operator is an employee1 a leased owner-operator1 or an owner-operator with independent authority2 and 7,d7 establish a process for a motor carrier1 shipper1 receiver1 broker1 or commercial motor vehicle operator to report instances of time detained beyond the ,secretary's established limits4 7#c7 ,incorporation of information ,the ,secretary shall incorporate information received under paragraph 7#b77;,d7 into the process established pursuant to subsection 7a7 once a final rule takes effect4 7c7 ,data protection ,data made available pursuant to this section shall be made available in a manner that-- 7#a7 precludes the connection of the data to any individual motor carrier or commercial motor vehicle operator2 and 7#b7 protects privacy and confidentiality of individuals1 operators1 and motor carriers submitting the data4 7d7 ,commercial motor vehicle defined ,in this section1 the term commercial motor vehicle has the meaning given such term in section #caaja of title #di1 ,united ,states ,code4 #dcje4 ,truck ,leasing ,task ,force 7a7 ,establishment ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary of ,labor1 shall establish a ,truck ,leasing ,task ,force 7hereinafter referred to as the ,task ,force74 7b7 ,membership ,the ,secretary of ,transportation shall select not more than #ae individuals to serve as members of the ,task ,force1 including equal representation from each of the following3 7#a7 ,labor organizations4 7#b7 ,the motor carrier industry1 including independent owner-operators4 7#c7 ,consumer protection groups4 7#d7 ,safety groups4 7#e7 ,members of the legal profession who specialize in consumer finance issues4 7c7 ,duties ,the ,task ,force shall examine1 at a minimum-- 7#a7 common truck leasing arrangements available to commercial motor vehicle drivers1 including lease-purchase agreements2 7#b7 the terms of such leasing agreements2 7#c7 the prevalence of predatory leasing agreements in the motor carrier industry2 7#d7 specific agreements available to drayage drivers at ports related to the ,clean ,truck ,program or similar programs to decrease emissions from port operations2 7#e7 the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers1 including port drayage drivers2 7#f7 resources to assist commercial motor vehicle drivers in assessing the impacts of leasing agreements2 and 7#g7 the classification of commercial motor vehicle drivers under lease-purchase agreements4 7d7 ,compensation ,a member of the ,task ,force shall serve without compensation4 7e7 ,report ,upon completion of the examination described in subsection 7c71 the ,task ,force shall submit to the ,secretary of ,transportation1 ,secretary of ,labor1 and appropriate congressional committees a report containing-- 7#a7 the findings of the ,task ,force on the matters described in subsection 7c72 7#b7 best practices related to-- 7,a7 assisting a commercial motor vehicle driver in assessing the impacts of leasing agreements prior to entering into such agreements2 and 7,b7 assisting a commercial motor vehicle driver who has entered into a predatory lease agreement2 and 7#c7 recommendations on changes to laws or regulations1 as applicable1 at the ,federal1 ,state1 or local level to promote fair leasing agreements under which a commercial motor vehicle driver is able to earn a living wage4 7f7 ,termination ,not later than #a month after the date of submission of the report pursuant to subsection 7e71 the ,task ,force shall terminate4 #dcjf4 ,hours of service 7a7 ,authority ,to issue regulations ,notwithstanding the authority of the ,secretary of ,transportation to issue regulations under section #caejb of title #di1 ,united ,states ,code1 the ,secretary shall delay the effective date of the final rule published on ,june #a1 #bjbj1 titled ,hours of ,service of ,drivers 7#he ,fed4 ,reg4 #cccif7 until #fj days after the date on which the ,secretary submits the report required under subsection 7d74 7b7 ,comprehensive review 7#a7 ,comprehensive review of hours of service rules ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall initiate a comprehensive review of hours of service rules and the impacts of waivers1 exemptions1 and other allowances that limit the applicability of such rules4 7#b7 ,list of exemptions ,in carrying out the comprehensive review required under paragraph 7#a71 the ,secretary shall-- 7,a7 compile a list of waivers1 exemptions1 and other allowances-- 7i7 under which a driver may operate in excess of the otherwise applicable limits on on-duty or driving time in absence of such exemption1 waiver1 or other allowance2 7ii7 under which a driver may operate without recording compliance with hours of service rules through the use of an electronic logging device2 and 7iii7 applicable-- 7,i7 to specific segments of the motor carrier industry or sectors of the economy2 7,,ii7 on a periodic or seasonal basis2 and 7,,iii7 to specific types of operations1 including the short haul exemption under part #cie of title #di1 ,code of ,federal ,regulations2 7,b7 specify whether each such waiver1 exemption1 or other allowance was granted by the ,department of ,transportation or enacted by ,congress1 and how long such waiver1 exemption1 or other allowance has been in effect2 and 7,c7 estimate the number of motor carriers1 motor private carriers1 and drivers that may qualify to use each waiver1 exemption1 or other allowance4 7#c7 ,safety impact analysis 7,a7 ,in general ,in carrying out the comprehensive review under paragraph 7#a71 the ,secretary1 in consultation with ,state motor carrier enforcement entities1 shall undertake a statistically valid analysis to determine the safety impact1 including on enforcement1 of the exemptions1 waivers1 or other allowances compiled under paragraph 7#b7 by-- 7i7 using available data1 or collecting from motor carriers or motor private carriers and drivers operating under an exemption1 waiver1 or other allowance if the ,secretary does not have sufficient data1 to determine the incidence of accidents1 fatigue-related incidents1 and other relevant safety information related to hours of service among motor carriers1 private motor carriers1 and drivers permitted to operate under each exemption1 waiver1 or other allowance2 7ii7 comparing the data described in subparagraph 7,a7 to safety data from motor carriers1 motor private carriers1 and drivers that are subject to the hours of service rules and not operating under an exemption1 waiver1 or other allowance2 and 7iii7 based on the comparison under subparagraph 7,b71 determining whether waivers1 exemptions1 and other allowances in effect provide an equivalent level of safety as would exist in the absence of exemptions1 waivers1 or other allowances4 7,b7 ,consultation ,the ,secretary shall consult with ,state motor carrier enforcement entities in carrying out this paragraph4 7,c7 ,exclusions ,the ,secretary shall exclude data related to exemptions1 waivers1 or other allowances made pursuant to an emergency declaration under section #cij4bc of title #di1 ,code of ,federal ,regulations1 or extended under section #cij4be of title #di1 ,code of ,federal ,regulations1 from the analysis required under this paragraph4 7#d7 ,driver impact analysis ,in carrying out the comprehensive review under paragraph 7#a71 the ,secretary shall further consider-- 7,a7 data on driver detention collected by the ,secretary pursuant to section #dcjd of this ,act and other conditions affecting the movement of goods by commercial motor vehicle1 and how such conditions interact with the ,secretary's regulations on hours of service2 7,b7 whether exemptions1 waivers1 or other allowances that permit additional on-duty time or driving time have a deleterious effect on the physical condition of drivers2 and 7,c7 whether differences in the manner in which drivers are compensated result in different levels of burden for drivers in complying with hours of service rules4 7c7 ,peer review ,prior to the publication of the review required under subsection 7d71 the analyses performed by the ,secretary shall undergo an independent peer review4 7d7 ,publication ,not later than #ah months after the date that the ,secretary initiates the comprehensive review under subsection 7b77#a71 the ,secretary shall publish the findings of such review in the ,federal ,register and provide for a period for public comment4 7e7 ,report to ,congress ,not later than #cj days after the conclusion of the public comment period under subsection 7d71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available on a website of the ,department of ,transportation a report containing the information and analyses required under subsection 7b74 7f7 ,replacement of guidance ,notwithstanding subsection 7a71 the ,secretary shall replace the ,department of ,transportation guidance published on ,june #g1 #bjah1 titled ,hours of ,service of ,drivers of ,commercial ,motor ,vehicles3 ,regulatory ,guidance ,concerning the ,use of a ,commercial ,motor ,vehicle for ,personal ,conveyance 7#hc ,fed4 ,reg4 #bfcgg7 with specific mileage or time limits1 or both1 for the use of personal conveyance established through a rulemaking4 7g7 ,definitions ,in this section3 7#a7 ,motor carrier2 motor private carrier ,the terms motor carrier and motor private carrier have the meanings given such terms in section #caeja of title #di1 ,united ,states ,code4 7#b7 ,on-duty time2 driving time2 electronic logging device ,the terms on-duty time1 driving time1 and electronic logging device have the meanings given such terms in section #cie4b of title #di1 ,code of ,federal ,regulations 7as in effect on ,june #a1 #bjbj74 #dcjg4 ,driver recruitment 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the inspector general of the ,department of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report examining the operation of commercial motor vehicles in the ,united ,states by drivers admitted to the ,united ,states under temporary business visas4 7b7 ,contents ,the report under paragraph 7#a7 shall include-- 7#a7 an assessment of-- 7,a7 the prevalence of the operation of commercial motor vehicles in the ,united ,states by drivers admitted to the ,united ,states under temporary business visas2 7,b7 the characteristics of motor carriers that recruit and use such drivers1 including the country of domicile of the motor carrier or subsidiary2 7,c7 the demographics of drivers operating in the ,united ,states under such visas1 including the country of domicile of such drivers2 and 7,d7 the contractual relationship between such motor carriers and such drivers2 7#b7 an analysis of whether such drivers are required to comply with-- 7,a7 motor carrier safety regulations under subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations1 including-- 7i7 the ,english proficiency requirement under section #cia4aa7b7 of title #di1 ,code of ,federal ,regulations2 7ii7 the requirement for drivers of a motor carrier to report any violations of a regulation to such motor carrier under section #cia4bg of title #di1 ,code of ,federal ,regulations2 and 7iii7 driver's licensing requirements under part #chc of title #di1 ,code of ,federal ,regulations1 including entry-level driver training and drug and alcohol testing under part #chb of such title2 and 7,b7 regulations prohibiting point-to-point transportation in the ,united ,states1 or cabotage1 under part #cfe of title #di1 ,code of ,federal ,regulations2 7#c7 an evaluation of the safety record of the operations and drivers described in paragraph 7#a71 including-- 7,a7 violations of the motor carrier safety regulations under subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations1 including applicable requirements described in paragraph 7#b77;,a72 and 7,b7 the number of crashes involving such operations and drivers2 and 7#d7 the impact of such operations and drivers on-- 7,a7 commercial motor vehicle drivers domiciled in the ,united ,states1 including employment levels and driver compensation of such drivers2 and 7,b7 the competitiveness of motor carriers domiciled in the ,united ,states4 7c7 ,definitions ,in this section3 7#a7 ,commercial motor vehicle ,in this section1 the term commercial motor vehicle has the meaning given such term in section #caaja of title #di1 ,united ,states ,code4 7#b7 ,temporary business visa ,the term temporary business visa means any driver who is present in the ,united ,states with status under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b774 #dcjh4 ,screening for obstructive sleep apnea 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,transportation shall-- 7#a7 assess the risk posed by untreated obstructive sleep apnea in drivers of commercial motor vehicles and the feasibility1 benefits1 and costs associated with establishing screening criteria for obstructive sleep apnea in drivers of commercial motor vehicles2 7#b7 issue a notice in the ,federal ,register containing the independently peer-reviewed findings of the assessment required under paragraph 7#a7 not later than #cj days after completion of the assessment and provide an opportunity for public comment2 and 7#c7 if the ,secretary contracts with an independent third party to conduct the assessment required under paragraph 7#a71 ensure that the independent third party shall not have any financial or contractual ties or relationship with a motor carrier that transports passengers or property for compensation1 the motor carrier industry1 or driver advocacy organizations4 7b7 ,screening criteria 7#a7 ,in general ,not later than #ab months after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a proposed rule to establish screening criteria for obstructive sleep apnea in commercial motor vehicle drivers and provide an opportunity for public comment4 7#b7 ,final rule ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue a final rule to establish screening criteria for obstructive sleep apnea in commercial motor vehicle drivers4 7c7 ,definitions ,in this section3 7#a7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given such term in section #caacb of title #di1 ,united ,states ,code4 7#b7 ,motor carrier ,the term motor carrier has the meaning given such term in section #acajb of title #di1 ,united ,states ,code4 #dcji4 ,women of ,trucking ,advisory ,board 7a7 ,short title ,this section may be cited as the ,promoting ,women in ,trucking ,workforce ,act4 7b7 ,findings ,congress finds that-- 7#a7 women make up #dg percent of the workforce of the ,united ,states2 7#b7 women are significantly underrepresented in the trucking industry1 holding only #bd percent of all transportation and warehousing jobs and representing only-- 7,a7 #f4f percent of truck drivers2 7,b7 #ab4e percent of all workers in truck transportation2 and 7,c7 #h percent of freight firm owners2 7#c7 given the total number of women truck drivers1 women are underrepresented in the truck-driving workforce2 and 7#d7 women truck drivers have been shown to be #bj percent less likely than male counterparts to be involved in a crash4 7c7 ,sense of ,congress regarding women in trucking ,it is the sense of ,congress that the trucking industry should explore every opportunity1 including driver training and mentorship programs1 to encourage and support the pursuit of careers in trucking by women4 7d7 ,establishment ,to encourage women to enter the field of trucking1 the ,administrator shall establish and facilitate an advisory board1 to be known as the ,women of ,trucking ,advisory ,board1 to promote organizations and programs that-- 7#a7 provide education1 training1 mentorship1 or outreach to women in the trucking industry2 and 7#b7 recruit women into the trucking industry4 7e7 ,membership 7#a7 ,in general ,the ,board shall be composed of not fewer than seven members whose backgrounds allow those members to contribute balanced points of view and diverse ideas regarding the strategies and objectives described in subsection 7f77#b74 7#b7 ,appointment ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall appoint the members of the ,board1 of whom-- 7,a7 not fewer than one shall be a representative of large trucking companies2 7,b7 not fewer than one shall be a representative of mid-sized trucking companies2 7,c7 not fewer than one shall be a representative of small trucking companies2 7,d7 not fewer than one shall be a representative of nonprofit organizations in the trucking industry2 7,e7 not fewer than one shall be a representative of trucking business associations2 7,f7 not fewer than one shall be a representative of independent owner-operators2 and 7,g7 not fewer than one shall be a woman who is a professional truck driver4 7#c7 ,terms ,each member shall be appointed for the life of the ,board4 7#d7 ,compensation ,a member of the ,board shall serve without compensation4 7f7 ,duties 7#a7 ,in general ,the ,board shall identify-- 7,a7 industry trends that directly or indirectly discourage women from pursuing careers in trucking1 including-- 7i7 any differences between women minority groups2 7ii7 any differences between women who live in rural1 suburban1 and urban areas2 and 7iii7 any safety risks unique to the trucking industry2 7,b7 ways in which the functions of trucking companies1 nonprofit organizations1 and trucking associations may be coordinated to facilitate support for women pursuing careers in trucking2 7,c7 opportunities to expand existing opportunities for women in the trucking industry2 and 7,d7 opportunities to enhance trucking training1 mentorship1 education1 and outreach programs that are exclusive to women4 7#b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,board shall submit to the ,administrator a report describing strategies that the ,administrator may adopt-- 7,a7 to address any industry trends identified under paragraph 7#a77;,a72 7,b7 to coordinate the functions of trucking companies1 nonprofit organizations1 and trucking associations in a manner that facilitates support for women pursuing careers in trucking2 7,c7 to-- 7i7 take advantage of any opportunities identified under paragraph 7#a77;,c72 and 7ii7 create new opportunities to expand existing scholarship opportunities for women in the trucking industry2 and 7,d7 to enhance trucking training1 mentorship1 education1 and outreach programs that are exclusive to women4 7g7 ,report to ,congress 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing-- 7,a7 any strategies recommended by the ,board under subsection 7f77#b72 and 7,b7 any actions taken by the ,administrator to adopt the strategies recommended by the ,board 7or an explanation of the reasons for not adopting the strategies74 7#b7 ,public availability ,the ,administrator shall make the report under paragraph 7#a7 publicly available-- 7,a7 on the website of the ,federal ,motor ,carrier ,safety ,administration2 and 7,b7 in appropriate offices of the ,federal ,motor ,carrier ,safety ,administration4 7h7 ,termination ,the ,board shall terminate on submission of the report to ,congress under subsection 7g74 7i7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7#b7 ,board ,the term ,board means the ,women of ,trucking ,advisory ,board established under subsection 7d74 7#c7 ,large trucking company ,the term large trucking company means a motor carrier 7as defined in section #acajb of title #di1 ,united ,states ,code7 with an annual revenue greater than #a1jjj1jjj1jjj4 7#d7 ,mid-sized trucking company ,the term mid-sized trucking company means a motor carrier 7as defined in section #acajb of title #di1 ,united ,states ,code7 with an annual revenue of not less than #ce1jjj1jjj and not greater than #a1jjj1jjj1jjj4 7#e7 ,small trucking company ,the term small trucking company means a motor carrier 7as defined in section #acajb of title #di1 ,united ,states ,code7 with an annual revenue less than #ce1jjj1jjj4 #dcaj4 ,application of commercial motor vehicle safety 7a7 ,definition ,section #cacja7ad7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking and and inserting a comma2 and 7#b7 by inserting 1 and ,puerto ,rico before the period4 7b7 ,implementation ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall work with the ,commonwealth of ,puerto ,rico on obtaining full compliance with chapter #cac of title #di1 ,united ,states ,code1 and regulations adopted under that chapter4 7c7 ,grace period ,notwithstanding section #cacaa7;a7 of title #di1 ,united ,states ,code1 during a #e-year period beginning on the date of enactment of this ,act1 the ,commonwealth of ,puerto ,rico shall not be subject to a withholding of an apportionment of funds under paragraphs 7#a7 and 7#b7 of section #ajd7;b7 of title #bc1 ,united ,states ,code1 for failure to comply with any requirement under section #cacaa7;a7 of title #di1 ,united ,states ,code4 ,d ,commercial ,motor ,vehicle and ,schoolbus ,safety #ddja4 ,schoolbus safety standards 7a7 ,schoolbus seatbelts 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a notice of proposed rulemaking to consider requiring large schoolbuses to be equipped with safety belts for all seating positions1 if the ,secretary determines that such standards meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code4 7#b7 ,considerations ,in issuing a notice of proposed rulemaking under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the safety benefits of a lap_/shoulder belt system 7also known as a ,type #b seatbelt assembly72 7,b7 the recommendations of the ,national ,transportation ,safety ,board on seatbelts in schoolbuses2 7,c7 existing experience1 including analysis of student injuries and fatalities compared to ,states without seat belt laws1 and seat belt usage rates1 from ,states that require schoolbuses to be equipped with seatbelts1 including ,type #b seatbelt assembly2 7,d7 the impact of lap_/shoulder belt systems on emergency evacuations1 with a focus on emergency evacuations involving students below the age of #ad1 and emergency evacuations necessitated by fire or water submersion2 and 7,e7 the impact of lap_/shoulder belt systems on the overall availability of schoolbus transportation4 7#c7 ,report ,if the ,secretary determines that a standard described in paragraph 7#a7 does not meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that describes the reasons for not prescribing such a standard4 7#d7 ,application of regulations ,any regulation issued based on the notice of proposed rulemaking described in paragraph 7#a7 shall apply to schoolbuses manufactured more than #c years after the date on which the regulation takes effect4 7b7 ,automatic emergency braking ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 prescribe a motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires all schoolbuses manufactured after the effective date of such standard to be equipped with an automatic emergency braking system2 and 7#b7 as part of such standard1 establish performance requirements for automatic emergency braking systems1 including operation of such systems4 7c7 ,electronic stability control ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 prescribe a motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires all schoolbuses manufactured after the effective date of such standard to be equipped with an electronic stability control system 7as such term is defined in section #ega4acf of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act772 and 7#b7 as part of such standard1 establish performance requirements for electronic stability control systems1 including operation of such systems4 7d7 ,fire prevention and mitigation 7#a7 ,research and testing ,the ,secretary shall conduct research and testing to determine the most prevalent causes of schoolbus fires and the best methods to prevent such fires and to mitigate the effect of such fires1 both inside and outside the schoolbus4 ,such research and testing shall consider-- 7,a7 fire suppression systems standards1 which at a minimum prevent engine fires2 7,b7 firewall standards to prevent gas or flames from entering into the passenger compartment in schoolbuses with engines that extend beyond the firewall2 and 7,c7 interior flammability and smoke emissions characteristics standards4 7#b7 ,standards ,the ,secretary may issue fire prevention and mitigation standards for schoolbuses1 based on the results of the ,secretary's research and testing under paragraph 7#a71 if the ,secretary determines that such standards meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code4 7e7 ,school bus temperature safety study and report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall study and issue a report on the safety implications of temperature controls in school buses4 ,the study and report shall include-- 7#a7 an analysis of the internal temperature in school buses without air condition in weather between #hj and #aaj degrees ,fahrenheit2 7#b7 the collection and analysis of data on temperature-related injuries to students1 including heatstroke and dehydration2 7#c7 the collection of data on how many public school districts currently operate buses without air conditioning2 and 7#d7 recommendations for preventing heat related illnesses for children on school buses4 7f7 ,definitions ,in this section3 7#a7 ,automatic ,emergency ,braking ,the term automatic emergency braking means a crash avoidance system installed and operational in a vehicle that consists of-- 7,a7 a forward warning function-- 7i7 to detect vehicles and objects ahead of the vehicle2 and 7ii7 to alert the operator of an impending collision2 and 7,b7 a crash-imminent braking function to provide automatic braking when forward-looking sensors of the vehicle indicate that-- 7i7 a crash is imminent2 and 7ii7 the operator of the vehicle is not applying the brakes4 7#b7 ,large schoolbus ,the term large schoolbus means a schoolbus with a gross vehicle weight rating of more than #aj1jjj pounds4 7#c7 ,schoolbus ,the term schoolbus has the meaning given such term in section #cjabe7;a7 of title #di1 ,united ,states ,code4 #ddjb4 ,illegal passing of schoolbuses 7a7 ,review of illegal passing laws 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall-- 7,a7 prepare a compilation of illegal passing laws in all ,states1 including levels of enforcement and penalties and enforcement issues with such laws and the impact of such laws on illegal passing of schoolbuses in each ,state2 7,b7 review existing ,state laws that may inhibit effective schoolbus loading zone countermeasures1 which may include laws requiring camera visibility of a driver's face for enforcement action1 laws that may reduce stop-arm camera effectiveness1 the need for an officer to witness the event for enforcement1 and the lack of primary enforcement for texting and driving2 7,c7 evaluate methods used by ,states to review1 document1 and report to law enforcement schoolbus stop-arm violations2 and 7,d7 following the completion of the compilation1 issue recommendations on best practices on the most effective approaches to address illegal passing of schoolbuses4 7#b7 ,publication ,the compilation and recommendations prepared under paragraph 7#a7 shall be made publicly available on the website of the ,department of ,transportation4 7b7 ,public safety messaging campaign 7#a7 ,in general ,not later than #a year after the date on which the ,secretary makes the compilation and recommendations under subsection 7a77#b7 publicly available1 the ,secretary shall create and execute a public safety messaging campaign for distribution to ,states1 divisions of motor vehicles1 schools1 and other public outlets to highlight the dangers of the illegal passing of schoolbuses1 and should include educating students and the public on safe loading and unloading of schoolbuses4 7#b7 ,consultation ,the ,secretary shall consult with public and private schoolbus industry representatives and ,states in developing the campaign materials4 7#c7 ,update ,the ,secretary shall periodically update such materials4 7c7 ,review of technologies 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall review and evaluate the effectiveness of various technologies to enhance schoolbus safety1 including cameras1 audible warning systems1 enhanced lighting1 and other technological solutions4 7#b7 ,content ,the review under paragraph 7#a7-- 7,a7 shall include an evaluation of the costs of new equipment and the potential impact on overall schoolbus ridership2 7,b7 shall include an evaluation of advanced technologies surrounding loading zone safety2 7,c7 shall include an evaluation of motion-activated detection systems that are capable of-- 7i7 detecting pedestrians1 bicyclists1 and other road users located near the exterior of the schoolbus2 and 7ii7 alerting the operator of the schoolbus of the road users described in clause 7i72 7,d7 shall include an evaluation of schoolbus lighting systems1 to ensure clear communication to surrounding drivers on their appropriate action2 and 7,e7 may include other technological solutions that enhance schoolbus safety4 7#c7 ,consultation ,the ,secretary shall consult with manufacturers of schoolbus vehicles1 manufacturers of various technologies1 and school bus industry representatives in conducting the review under paragraph 7#a74 7#d7 ,publication ,the ,secretary shall make the findings of the review under paragraph 7#a7 publicly available on the website of the ,department4 7d7 ,review of driver education materials 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 review driver education materials across all ,states to determine whether and how illegal passing of schoolbuses is addressed in driver education materials1 manuals1 non-commercial driver's license testing1 and road tests2 and 7,b7 make recommendations on how ,states can improve education about illegal passing of schoolbuses1 particularly with new drivers4 7#b7 ,consultation ,the ,secretary shall consult with schoolbus industry representatives1 ,states1 motor vehicle administrators1 and other appropriate motor vehicle experts in the preparation of the review under paragraph 7#a74 7#c7 ,publication ,the ,secretary shall make the findings of the review under paragraph 7#a7 publicly available on the website of the ,department4 7e7 ,review of other safety issues 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 research the connections between illegal passing of schoolbuses and other safety issues1 including distracted driving1 morning darkness1 poor visibility1 illumination and reach of vehicle headlights1 speed limits1 and schoolbus stop locations in rural areas2 and 7,b7 create a report containing the findings4 7#b7 ,publication ,the ,secretary shall make the report created under paragraph 7#a77;,b7 publicly available on the website of the ,department4 #ddjc4 ,state inspection of passenger-carrying commercial motor vehicles 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue a final rule based on the advance notice of proposed rulemaking published on ,april #bg1 #bjaf1 titled ,state ,inspection ,programs for ,passenger-,carrier ,vehicles 7#ha ,fed4 ,reg4 #bdgfi74 7b7 ,considerations ,in issuing a final rule under subsection 7a71 the ,secretary shall consider the impact of continuing to allow self-inspection as a means to satisfy periodic inspection requirements on the safety of passenger carrier operations4 #ddjd4 ,automatic emergency braking 7a7 ,federal motor vehicle safety standard 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall-- 7,a7 prescribe a motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires all commercial motor vehicles manufactured after the effective date of such standard to be equipped with an automatic emergency braking system2 and 7,b7 as part of such standard1 establish performance requirements for automatic emergency braking systems1 including operation of such systems in a variety of driving conditions4 7#b7 ,considerations ,prior to prescribing the standard required under paragraph 7#a77;,a71 the ,secretary shall-- 7,a7 conduct a review of automatic emergency braking systems in use in commercial motor vehicles and address any identified deficiencies with such systems in the rulemaking proceeding to prescribe the standard1 if practicable2 7,b7 assess the feasibility of updating the software of emergency braking systems in use in commercial motor vehicles to address any deficiencies and to enable such systems to meet the new standard2 and 7,c7 consult with representatives of commercial motor vehicle drivers regarding the experiences of drivers with automatic emergency braking systems in use in commercial motor vehicles1 including malfunctions or unwarranted activations of such systems4 7#c7 ,compliance date ,the ,secretary shall ensure that the compliance date of the standard prescribed pursuant to paragraph 7#a7 shall be not later than #b years after the date of publication of the final rule prescribing such standard4 7b7 ,federal motor carrier safety regulation ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a regulation under section #caacf of title #di1 ,united ,states ,code1 that requires that an automatic emergency braking system installed in a commercial motor vehicle that is in operation on or after the effective date of the standard prescribed under subsection 7a7 be used at any time during which such commercial motor vehicle is in operation4 7c7 ,definitions ,in this section3 7#a7 ,automatic emergency braking system ,the term automatic emergency braking system means a crash avoidance system installed and operational in a vehicle that consists of-- 7,a7 a forward collision warning function-- 7i7 to detect vehicles and objects ahead of the vehicle2 and 7ii7 to alert the operator of the vehicle of an impending collision2 and 7,b7 a crash-imminent braking function to provide automatic braking when forward-looking sensors of the vehicle indicate that-- 7i7 a crash is imminent2 and 7ii7 the operator of the vehicle is not applying the brakes4 7#b7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given such term in section #caaja of title #di1 ,united ,states ,code4 #ddje4 ,underride protection 7a7 ,rear underride guards 7#a7 ,rear guards on trailers and semitrailers 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to revise motor vehicle safety standards under sections #ega4bbc and #ega4bbd of title #di1 ,code of ,federal ,regulations1 to require trailers and semi-trailers manufactured after the date on which such regulation is issued to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semitrailer when a passenger vehicle traveling at #ce miles per hour makes-- 7i7 an impact in which the passenger vehicle impacts the center of the rear of the trailer or semitrailer2 7ii7 an impact in which #ej percent the width of the passenger vehicle overlaps the rear of the trailer or semitrailer2 and 7iii7 an impact in which #cj percent of the width of the passenger vehicle overlaps the rear of the trailer or semitrailer4 7,b7 ,effective date ,the rule issued under subparagraph 7,a7 shall require full compliance with the motor carrier safety standard prescribed in such rule not later than #b years after the date on which a final rule is issued4 7#b7 ,additional research ,the ,secretary shall conduct additional research on the design and development of rear impact guards that can prevent underride crashes and protect motor vehicle passengers against severe injury at crash speeds of up to #fe miles per hour4 7#c7 ,review of ,standards ,not later than #e years after any revisions to standards or requirements related to rear impact guards pursuant to paragraph 7#a71 the ,secretary shall review the standards or requirements to evaluate the need for changes in response to advancements in technology and upgrade such standards accordingly4 7#d7 ,inspections 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to amend the regulations on minimum periodic inspection standards under appendix ,g to subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations1 and driver vehicle inspection reports under section #cif4aa of title #di1 ,code of ,federal ,regulations1 to include rear impact guards and rear end protection 7as required by section #cic4hf of title #di1 ,code of ,federal ,regulations74 7,b7 ,considerations ,in updating the regulations described in subparagraph 7,a71 the ,secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing or has a corroded or compromised element that affects the structural integrity and protective feature of such guard4 7b7 ,side underride guards 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 complete additional research on side underride guards to better understand the overall effectiveness of such guards2 7,b7 assess the feasibility1 benefits1 and costs associated with installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight rating of #aj1jjj pounds or more2 and 7,c7 if warranted1 develop performance standards for such guards4 7#b7 ,independent research ,if the ,secretary enters into a contract with a third party to perform the research required under paragraph 7#a77;,a71 the ,secretary shall ensure that such third party does not have any financial or contractual ties or relationship with a motor carrier that transports passengers or property for compensation1 the motor carrier industry1 or an entity producing or supplying underride guards4 7#c7 ,publication of assessment ,not later than #ij days after completing the assessment required under paragraph 7#a77;,b71 the ,secretary shall issue a notice in the ,federal ,register containing the findings of the assessment and provide an opportunity for public comment4 7#d7 ,report to ,congress ,after the conclusion of the public comment period under paragraph 7#c71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that provides-- 7,a7 the results of the assessment under this subsection2 7,b7 a summary of the public comments received by the ,secretary under paragraph 7#c72 and 7,c7 a determination as to whether the ,secretary intends to develop performance requirements for side underride guards1 including any analysis that led to such determination4 7c7 ,advisory committee on underride protection 7#a7 ,establishment ,not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish an ,advisory ,committee on ,underride ,protection 7in this subsection referred to as the ,committee7 to provide advice and recommendations to the ,secretary on safety regulations to reduce crashes and fatalities involving truck underrides4 7#b7 ,representation 7,a7 ,in general ,the ,committee shall be composed of not more than #bj members appointed by the ,secretary who are not employees of the ,department of ,transportation and who are qualified to serve because of their expertise1 training1 or experience4 7,b7 ,membership ,members shall include two representatives of each of the following3 7i7 ,truck and trailer manufacturers4 7ii7 ,motor carriers1 including independent owner-operators4 7iii7 ,law enforcement4 7iv7 ,motor vehicle engineers4 7v7 ,motor vehicle crash investigators4 7vi7 ,truck safety organizations4 7vii7 ,the insurance industry4 7viii7 ,emergency medical service providers4 7ix7 ,families of underride crash victims4 7x7 ,labor organizations4 7#c7 ,compensation ,members of the ,committee shall serve without compensation4 7#d7 ,meetings ,the ,committee shall meet at least annually4 7#e7 ,support ,on request of the ,committee1 the ,secretary shall provide information1 administrative services1 and supplies necessary for the ,committee to carry out the duties described in paragraph 7#a74 7#f7 ,report ,the ,committee shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a biennial report that shall-- 7,a7 describe the advice and recommendations made to the ,secretary2 and 7,b7 include an assessment of progress made by the ,secretary in advancing safety regulations4 7d7 ,data collection ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall implement recommendations #a and #b described in the report by the ,government ,accountability ,office published on ,march #ad1 #bjai1 titled ,truck ,underride ,guards3 ,improved ,data ,collection1 ,inspections1 and ,research ,needed 7,,gao-#ai-bfd74 #ddjf4 ,transportation of horses ,section #hjejb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7 by striking ,this section does not and inserting ,subsections 7a7 and 7b7 shall not2 7#b7 by redesignating subsection 7d7 as subsection 7e72 7#c7 by inserting after subsection 7c7 the following3 7d7 ,transportation of horses 7#a7 ,prohibition ,no person may transport1 or cause to be transported1 a horse from a place in a ,state1 the ,district of ,columbia1 or a territory or possession of the ,united ,states through or to a place in another ,state1 the ,district of ,columbia1 or a territory or possession of the ,united ,states in a motor vehicle containing two or more levels stacked on top of each other4 7#b7 ,motor vehicle defined ,in this subsection1 the term motor vehicle-- 7,a7 means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways2 and 7,b7 does not include a vehicle operated exclusively on a rail or rails4 2 and 7#d7 in subsection 7e71 as redesignated-- 7,a7 by striking ,a rail carrier and inserting the following3 7#a7 ,in general ,a rail carrier 2 7,b7 by striking this section and inserting subsection 7a7 or 7b72 and 7,c7 by striking ,on learning and inserting the following3 7#b7 ,transportation of horses in multilevel trailer 7,a7 ,civil penalty ,a person that knowingly violates subsection 7d7 is liable to the ,united ,states ,government for a civil penalty of at least #ajj1 but not more than #ejj1 for each violation4 ,a separate violation of subsection 7d7 occurs for each horse that is transported1 or caused to be transported1 in violation of subsection 7d74 7,b7 ,relationship to other laws ,the penalty imposed under subparagraph 7,a7 shall be in addition to any penalty or remedy available under any other law4 7#c7 ,civil action ,on learning 4 #ddjg4 ,additional ,state authority 7a7 ,additional authority ,notwithstanding the limitation in section #abg7;d7 of title #bc1 ,united ,states ,code1 if a ,state had in effect on or before ,june #a1 #aiia1 a statute or regulation which placed a limitation on the overall length of a longer combination vehicle consisting of #c trailers1 such ,state may allow the operation of a longer combination vehicle to accommodate a longer energy efficient truck tractor in such longer combination vehicle under such limitation1 if the additional tractor length is the only added length to such longer combination vehicle and does not result in increased cargo capacity in weight or volume4 7b7 ,savings clause ,nothing in this section authorizes a ,state to allow an increase in the length of a trailer1 semitrailer1 or other cargo-carrying unit of a longer combination vehicle4 7c7 ,longer combination vehicle defined ,the term longer combination vehicle has the meaning given such term in section #abg of title #bc1 ,united ,states ,code4 #ddjh4 ,updating the required amount of insurance for commercial motor vehicles ,section #caaci7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking #gej1jjj and inserting #b1jjj1jjj2 and 7#b7 by adding at the end the following3 7#c7 ,adjustment ,the ,secretary1 in consultation with the ,bureau of ,labor ,statistics1 shall adjust the minimum level of financial responsibility under paragraph 7#b7 quinquennially for inflation4 4 ,v ,innovation #ejja4 ,authorization of appropriations 7a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway research and development program ,to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 #add1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#b7 ,technology and innovation deployment program ,to carry out section #ejc7;c7 of title #bc1 ,united ,states ,code1 #aeb1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#c7 ,training and education ,to carry out section #ejd of title #bc1 ,united ,states ,code1 #bf1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#d7 ,intelligent transportation systems program ,to carry out sections #eab through #eah of title #bc1 ,united ,states ,code1 #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#e7 ,university transportation centers program ,to carry out section #eeje of title #di1 ,united ,states ,code1 #if1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#f7 ,bureau of ,transportation ,statistics ,to carry out chapter #fc of title #di1 ,united ,states ,code1 #bg1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7b7 ,additional programs ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,safe1 efficient mobility through advanced technologies ,to carry out section #ejc7;c77#d7 of title #bc1 ,united ,states ,code1 #gj1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;c7 of such title4 7#b7 ,materials to reduce greenhouse gas emissions program ,to carry out section #ejc7;d7 of title #bc1 ,united ,states ,code1 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;c7 of such title4 7#c7 ,national highly automated vehicle and mobility innovation clearinghouse ,to carry out section #eejg of title #di1 ,united ,states ,code1 #b1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out sections #eab through #eah of title #bc1 ,united ,states ,code4 7#d7 ,national cooperative multimodal freight transportation research program ,to carry out section #gjbje of title #di1 ,united ,states ,code1 #d1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code4 7#e7 ,state surface transportation system funding pilots ,to carry out section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note71 #ce1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code4 7#f7 ,national surface transportation system funding pilot ,to carry out section #edjb of this title1 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code4 7c7 ,administration ,the ,federal ,highway ,administration shall-- 7#a7 administer the programs described in paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a7 and paragraph 7#a7 of subsection 7b72 and 7#b7 in consultation with relevant modal administrations1 administer the programs described in subsections 7a77#d7 and 7b77#b74 7d7 ,treatment of funds ,funds authorized to be appropriated by subsections 7a7 and 7b7 shall-- 7#a7 be available for obligation in the same manner as if those funds were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that the ,federal share of the cost of a project or activity carried out using those funds shall be #hj percent1 unless otherwise expressly provided by this title 7including the amendments by this title7 or otherwise determined by the ,secretary2 and 7#b7 remain available until expended and not be transferable1 except as otherwise provided in this title4 ,a ,research and ,development #eaja4 ,highway research and development program 7a7 ,in general ,section #ejc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b7 by striking section #ejh and inserting section #fejc of title #di2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7ii7 by striking 2 and and inserting a semicolon2 7,,ii7 in clause 7iii7 by striking the period and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7iv7 to reduce greenhouse gas emissions and limit the effects of climate change4 2 and 7ii7 by striking subparagraphs 7,d7 and 7,e72 7,b7 in paragraph 7#d77;,a7-- 7i7 in clause 7ii7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7iii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iv7 to reduce greenhouse gas emissions and limit the effects of climate change4 2 7,c7 in paragraph 7#e77;,a7-- 7i7 in clause 7iv7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7v7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7vi7 reducing greenhouse gas emissions and limiting the effects of climate change4 2 and 7,d7 by adding at the end the following3 7#i7 ,analysis tools ,the ,secretary may develop interactive modeling tools and databases that-- 7,a7 track the condition of highway assets1 including interchanges1 and the reconstruction history of such assets2 7,b7 can be used to assess transportation options2 7,c7 allow for the monitoring and modeling of network-level traffic flows on highways2 and 7,d7 further ,federal and ,state understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes4 7#aj7 ,performance management data support program 7,a7 ,performance management data support ,the ,administrator of the ,federal ,highway ,administration shall develop1 use1 and maintain data sets and data analysis tools to assist metropolitan planning organizations1 ,states1 and the ,federal ,highway ,administration in carrying out performance management analyses 7including the performance management requirements under section #aej74 7,b7 ,inclusions ,the data analysis activities authorized under subparagraph 7,a7 may include-- 7i7 collecting and distributing vehicle probe data describing traffic on ,federal-aid highways2 7ii7 collecting household travel behavior data to assess local and cross-jurisdictional travel1 including to accommodate external and through travel2 7iii7 enhancing existing data collection and analysis tools to accommodate performance measures1 targets1 and related data1 so as to better understand trip origin and destination1 trip time1 and mode2 7iv7 enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section #aej7;e72 7v7 developing tools-- 7,i7 to improve performance analysis2 and 7,,ii7 to evaluate the effects of project investments on performance2 7vi7 assisting in the development or procurement of the transportation system access data under section #adjc7;g7 of the ,,invest in ,america ,act2 and 7vii7 developing tools and acquiring data described under paragraph 7#i74 7,c7 ,funding ,the ,administrator of the ,federal ,highway ,administration may use up to #ae1jjj1jjj for each of fiscal years #bjbb through #bjbe to carry out this paragraph4 4 7b7 ,repeal ,section #fjbh of the ,,fast ,act 7#bc ,u4,s4,c4 #aej note71 and the item relating to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 #eajb4 ,materials to reduce greenhouse gas emissions program ,section #ejc of title #bc1 ,united ,states ,code1 as amended by section #eaja1 is further amended by adding at the end the following3 7d7 ,materials ,to reduce greenhouse gas emissions program 7#a7 ,in general ,not later than #f months after the date of enactment of this subsection1 the ,secretary shall establish and implement a program under which the ,secretary shall award grants to eligible entities to research and support the development of materials that will reduce or sequester the amount of greenhouse gas emissions generated during the production of highway materials and the construction and use of highways4 7#b7 ,activities ,the ,secretary shall ensure that the program1 at a minimum-- 7,a7 carries out research to determine the materials proven to most effectively reduce or sequester greenhouse gas emissions2 7,b7 evaluates and improves the ability of materials to most effectively reduce or sequester greenhouse gas emissions2 and 7,c7 supports the development and deployment of materials that will reduce or sequester greenhouse gas emissions4 7#c7 ,competitive selection process 7,a7 ,applications ,to be eligible to receive a grant under this subsection1 an eligible entity shall submit to the ,secretary an application in such form and containing such information as the ,secretary may require4 7,b7 ,consideration ,in making grants under this subsection1 the ,secretary shall consider the degree to which applicants presently carry out research on materials that reduce or sequester greenhouse gas emissions4 7,c7 ,selection criteria ,the ,secretary may make grants under this subsection to any eligible entity based on the demonstrated ability of the applicant to fulfill the activities described in paragraph 7#b74 7,d7 ,transparency 7i7 ,in general ,the ,secretary shall provide to each eligible entity submitting an application under this subsection1 upon request1 any materials1 including copies of reviews 7with any information that would identify a reviewer redacted71 used in the evaluation process of the application of such entity4 7ii7 ,reports ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing the overall review process for a grant under this subsection1 including-- 7,i7 specific criteria of evaluation used in the review2 7,,ii7 descriptions of the review process2 and 7,,iii7 explanations of the grants awarded4 7#d7 ,grants 7,a7 ,restrictions 7i7 ,in general ,for each fiscal year1 a grant made available under this subsection shall be not greater than #d1jjj1jjj and not less than #b1jjj1jjj per recipient4 7ii7 ,limitation ,an eligible entity may only receive one grant in a fiscal year under this subsection4 7,b7 ,matching requirements 7i7 ,in general ,as a condition of receiving a grant under this subsection1 a grant recipient shall match #ej percent of the amounts made available under the grant4 7ii7 ,sources ,the matching amounts referred to in clause 7i7 may include amounts made available to the recipient under-- 7,i7 section #ejd7;b72 or 7,,ii7 section #eje4 7#e7 ,program coordination 7,a7 ,in general ,the ,secretary shall-- 7i7 coordinate the research1 education1 and technology transfer activities carried out by grant recipients under this subsection2 7ii7 disseminate the results of that research through the establishment and operation of a publicly accessible online information clearinghouse2 and 7iii7 to the extent practicable1 support the deployment and commercial adoption of effective materials researched or developed under this subsection to relevant stakeholders4 7,b7 ,annual review and evaluation ,not later than #b years after the date of enactment of this subsection1 and not less frequently than annually thereafter1 the ,secretary shall1 consistent with the activities in paragraph 7#c7-- 7i7 review and evaluate the programs carried out under this subsection by grant recipients1 describing the effectiveness of the program in identifying materials that reduce or sequester greenhouse gas emissions2 7ii7 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing such review and evaluation2 and 7iii7 make the report in clause 7ii7 available to the public on a website4 7#f7 ,limitation on availability of amounts ,amounts made available to carry out this subsection shall remain available for obligation by the ,secretary for a period of #c years after the last day of the fiscal year for which the amounts are authorized4 7#g7 ,information collection ,any survey1 questionnaire1 or interview that the ,secretary determines to be necessary to carry out reporting requirements relating to any program assessment or evaluation activity under this subsection1 including customer satisfaction assessments1 shall not be subject to chapter #ce of title #dd4 7#h7 ,definition of eligible entity ,in this subsection1 the term eligible entity means a nonprofit institution of higher education1 as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 4 #eajc4 ,transportation research and development #e-year strategic plan ,section #fejc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking ,the ,secretary and inserting ,for the period of fiscal years #bjag through #bjba1 and for each #e-year period thereafter1 the ,secretary2 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,d7 by inserting and the existing transportation system after infrastructure2 7,b7 in subparagraph 7,e7 by striking 2 and and inserting a semicolon2 7,c7 by amending subparagraph 7,f7 to read as follows3 7,f7 reducing greenhouse gas emissions2 and 2 and 7,d7 by adding at the end the following3 7,g7 developing and maintaining a diverse workforce in transportation sectors2 2 and 7#c7 in subsection 7d7 by striking not later than ,december #ca1 #bjaf1 and inserting not later than ,december #ca1 #bjba14 #eajd4 ,university transportation centers program ,section #eeje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#d7-- 7,a7 in subparagraph 7,a7 by striking research priorities identified in chapter #fe4 and inserting the following3 following research priorities3 7i7 ,improving the mobility of people and goods4 7ii7 ,reducing congestion4 7iii7 ,promoting safety4 7iv7 ,improving the durability and extending the life of transportation infrastructure and the existing transportation system4 7v7 ,preserving the environment4 7vi7 ,reducing greenhouse gas emissions4 2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking ,technology and and inserting ,technology12 and 7ii7 by inserting 1 the ,associate ,administrator for ,research1 ,demonstration1 and ,innovation and ,administrator of the ,federal ,transit ,administration1 after ,federal ,highway ,administration2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,not later than #a year after the date of enactment of this section1 and inserting the following3 7,a7 ,selection of grants ,not later than #a year after the date of enactment of the ,,invest in ,america ,act1 2 and 7ii7 by adding at the end the following3 7,b7 ,limitations ,a grant under this subsection may not include a cooperative agreement described in section #fcje of title #ca4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7 by striking #e consortia and inserting #f consortia2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7 by striking not greater than #d1jjj1jjj and not less than #b1jjj1jjj and inserting not greater than #d1bej1jjj and not less than #b1bej1jjj2 and 7,,ii7 in clause 7ii7 by striking section #fejc7;c7 and inserting subsection 7b77#d77;,a72 7iii7 in subparagraph 7,c7 by striking #ajj percent and inserting #ej percent2 and 7iv7 by adding at the end the following3 7,d7 ,requirement ,in awarding grants under this section1 the ,secretary shall award #a grant to a national consortia for each focus area described in subsection 7b77#d77;,a74 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,c7 by striking not greater than #c1jjj1jjj and not less than #a1ejj1jjj and inserting not greater than #c1bej1jjj and not less than #a1gej1jjj2 7ii7 in subparagraph 7,d77i7 by striking #ajj percent and inserting #ej percent2 and 7iii7 by striking subparagraph 7,e72 and 7,d7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7 by striking greater than #b1jjj1jjj and not less than #a1jjj1jjj and inserting greater than #b1bej1jjj and not less than #a1bej1jjj2 and 7ii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,requirements ,in awarding grants under this paragraph1 the ,secretary shall-- 7i7 consider consortia that include institutions that have demonstrated an ability in transportation-related research2 and 7ii7 award not less than four grants under this section to historically black colleges and universities and other minority-serving institutions1 as defined in section #cga7;a7 of the ,higher ,education ,act 7#bj ,u4,s4,c4 #ajfgq74 7,d7 ,focused research 7i7 ,in general ,in awarding grants under this section1 the ,secretary shall select not less than one grant recipient with each of the following focus areas3 7,i7 ,transit4 7,,ii7 ,connected and automated vehicle technology4 7,,iii7 ,non-motorized transportation1 including bicycle and pedestrian safety4 7,,iv7 ,transportation planning1 including developing metropolitan planning practices to meet the considerations described in section #acd7;c77#d7 of title #bc and section #ecjc7;c77#d74 7,v7 ,the surface transportation workforce1 including-- 7aa7 current and future workforce needs and challenges2 and 7bb7 the impact of technology on the transportation sector4 7,,vi7 ,climate change mitigation1 including-- 7aa7 researching the types of transportation projects that are expected to provide the most significant greenhouse gas emissions reductions from the surface transportation sector2 and 7bb7 researching the types of transportation projects that are not expected to provide significant greenhouse gas emissions reductions from the surface transportation sector4 7,,vii7 ,rail4 7ii7 ,additional grants ,in awarding grants under this section and after awarding grants pursuant to clause 7i71 the ,secretary may award any remaining grants to any grant recipient based on the criteria described in subsection 7b77#d77;,a74 7,e7 ,considerations for selected institutions 7i7 ,in general ,tier #a transportation centers awarded a grant under this paragraph with a focus area described in subparagraph 7,d77i77,,iv7 shall consider the following areas for research3 7,i7 strategies to address climate change mitigation and impacts described in section #acd7;i77#b77;,i77ii7 of title #bc and the incorporation of such strategies into long range transportation plan2 and 7,,ii7 preparation of a vulnerability assessment described in section #acd7;i77#b77;,i77iii7 of title #bc4 7ii7 ,activities ,a tier #a transportation center receiving a grant under this section with a focus area described in subparagraph 7,d77i77,,iv7 may-- 7,i7 establish best practices2 7,,ii7 develop modeling tools2 and 7,,iii7 carry out other activities and develop technology that addresses the planning considerations described in clause 7i74 7iii7 ,limitation ,research under this subparagraph shall focus on metropolitan planning organizations that represent urbanized areas with populations of #bjj1jjj or fewer4 2 7#c7 in subsection 7d77#c7 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbe2 7#d7 by redesignating subsection 7f7 as subsection 7g72 and 7#e7 by inserting after subsection 7e7 the following3 7f7 ,surplus amounts 7#a7 ,in general ,amounts made available to the ,secretary to carry out this section that remain unobligated after awarding grants under subsection 7c7 shall be made available under the unsolicited research initiative under section #eejf4 7#b7 ,limitation on amounts ,amounts under paragraph 7#a7 shall not exceed #b1jjj1jjj for any given fiscal year4 4 #eaje4 ,unsolicited research initiative 7a7 ,in general ,subchapter ,i of chapter #ee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #eejf4 ,unsolicited research initiative 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall establish a program under which an eligible entity may at any time submit unsolicited research proposals for funding under this section4 7b7 ,criteria ,a research proposal submitted under subsection 7a7 shall meet the purposes of the ,secretary's #e-year transportation research and development strategic plan described in section #fejc7;c77#a74 7c7 ,project review ,not later than #ij days after an eligible entity submits a proposal under subsection 7a71 the ,secretary shall-- 7#a7 review the research proposal submitted under subsection 7a72 7#b7 evaluate such research proposal relative to the criteria described in subsection 7b72 7#c7 provide to such eligible entity a written notice that-- 7,a7 if the research proposal is not selected for funding under this section-- 7i7 notifies the eligible entity that the research proposal has not been selected for funding2 7ii7 provides an explanation as to why the research proposal was not selected1 including if the research proposal does not cover an area of need2 and 7iii7 if applicable1 recommends that the research proposal be submitted to another research program2 and 7,b7 if the research proposal is selected for funding under this section1 notifies the eligible entity that the research proposal has been selected for funding2 and 7#d7 fund the proposals described in paragraph 7#c77;,b74 7d7 ,report ,not later than #ah months after the date of enactment of this section1 and annually thereafter1 the ,secretary shall make available to the public on a public website a report on the progress and findings of the program established under subsection 7a74 7e7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of an activity carried out under this section may not exceed #ej percent4 7#b7 ,non-,federal share ,all costs directly incurred by the non-,federal partners1 including personnel1 travel1 facility1 and hardware development costs1 shall be credited toward the non-,federal share of the cost of an activity carried out under this section4 7f7 ,funding 7#a7 ,in general ,of the funds made available to carry out the university transportation centers program under section #eeje1 #b1jjj1jjj shall be available for each of fiscal years #bjbb through #bjbe to carry out this section4 7#b7 ,funding flexibility 7,a7 ,in general ,for fiscal years #bjbb through #bjbe1 funds made available under paragraph 7#a7 shall remain available until expended4 7,b7 ,uncommitted funds ,if the ,secretary determines1 at the end of a fiscal year1 funds under paragraph 7#a7 remain unexpended as a result of a lack of meritorious projects under this section1 the ,secretary may1 for the following fiscal year1 make remaining funds available under either this section or under section #eeje4 7g7 ,eligible entity defined ,in this section1 the term eligible entity means-- 7#a7 a ,state2 7#b7 a unit of local government2 7#c7 a transit agency2 7#d7 any nonprofit institution of higher education1 including a university transportation center under section #eeje2 and 7#e7 a nonprofit organization4 4 7b7 ,clerical amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #eeje the following new item3 #eejf4 ,unsolicited research initiative4 4 #eajf4 ,national cooperative multimodal freight transportation research program 7a7 ,in general ,chapter #gjb of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #gjbje4 ,national cooperative multimodal freight transportation research program 7a7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,secretary shall establish and support a national cooperative multimodal freight transportation research program4 7b7 ,agreement ,not later than #f months after the date of enactment of this section1 the ,secretary shall seek to enter into an agreement with the ,national ,academy of ,sciences to support and carry out administrative and management activities relating to the governance of the national cooperative multimodal freight transportation research program4 7c7 ,advisory committee ,in carrying out the agreement described in subsection 7b71 the ,national ,academy of ,sciences shall select a multimodal freight transportation research advisory committee consisting of multimodal freight stakeholders1 including1 at a minimum-- 7#a7 a representative of the ,department of ,transportation2 7#b7 representatives of any other ,federal agencies relevant in supporting the nation's multimodal freight transportation research needs2 7#c7 a representative of a ,state department of transportation2 7#d7 a representative of a local government 7other than a metropolitan planning organization72 7#e7 a representative of a metropolitan planning organization2 7#f7 a representative of the trucking industry2 7#g7 a representative of the railroad industry2 7#h7 a representative of the port industry2 7#i7 a representative of logistics industry2 7#aj7 a representative of shipping industry2 7#aa7 a representative of a safety advocacy group with expertise in freight transportation2 7#ab7 an academic expert on multimodal freight transportation2 7#ac7 an academic expert on the contributions of freight movement to greenhouse gas emissions2 and 7#ad7 representatives of labor organizations representing workers in freight transportation4 7d7 ,elements ,the national cooperative multimodal freight transportation research program established under this section shall include the following elements3 7#a7 ,national research agenda ,the advisory committee under subsection 7c71 in consultation with interested parties1 shall recommend a national research agenda for the program established in this section4 7#b7 ,involvement ,interested parties may-- 7,a7 submit research proposals to the advisory committee2 7,b7 participate in merit reviews of research proposals and peer reviews of research products2 and 7,c7 receive research results4 7#c7 ,open competition and peer review of research proposals ,the ,national ,academy of ,sciences may award research contracts and grants under the program through open competition and merit review conducted on a regular basis4 7#d7 ,evaluation of research 7,a7 ,peer review ,research contracts and grants under the program may allow peer review of the research results4 7,b7 ,programmatic evaluations ,the ,national ,academy of ,sciences shall conduct periodic programmatic evaluations on a regular basis of research contracts and grants4 7#e7 ,dissemination of research findings 7,a7 ,in general ,the ,national ,academy of ,sciences shall disseminate research findings to researchers1 practitioners1 and decisionmakers1 through conferences and seminars1 field demonstrations1 workshops1 training programs1 presentations1 testimony to government officials1 a public website for the ,national ,academy of ,sciences1 publications for the general public1 and other appropriate means4 7,b7 ,report ,not more than #ah months after the date of enactment of this section1 and annually thereafter1 the ,secretary shall make available on a public website a report that describes the ongoing research and findings of the program4 7e7 ,contents ,the national research agenda under subsection 7d77#a7 shall include-- 7#a7 techniques and tools for estimating and identifying both quantitative and qualitative public benefits derived from multimodal freight transportation projects1 including-- 7,a7 greenhouse gas emissions reduction2 7,b7 congestion reduction2 and 7,c7 safety benefits2 7#b7 the impact of freight delivery vehicles1 including trucks1 railcars1 and non-motorized vehicles1 on congestion in urban and rural areas2 7#c7 the impact of both centralized and disparate origins and destinations on freight movement2 7#d7 the impacts of increasing freight volumes on transportation planning1 including-- 7,a7 first-mile and last-mile challenges to multimodal freight movement2 7,b7 multimodal freight travel in both urban and rural areas2 and 7,c7 commercial motor vehicle parking and rest areas2 7#e7 the effects of ,internet commerce and accelerated delivery speeds on freight movement and increased commercial motor vehicle volume1 including impacts on-- 7,a7 safety on public roads2 7,b7 congestion in both urban and rural areas2 7,c7 first-mile and last-mile challenges and opportunities2 7,d7 the environmental impact of freight transportation1 including on air quality and on greenhouse gas emissions2 and 7,e7 vehicle miles-traveled by freight-delivering vehicles2 7#f7 the impacts of technological advancements in freight movement1 including impacts on-- 7,a7 congestion in both urban and rural areas2 7,b7 first-mile and last-mile challenges and opportunities2 and 7,c7 vehicle miles-traveled2 7#g7 methods and best practices for aligning multimodal infrastructure improvements with multimodal freight transportation demand1 including improvements to the ,national ,multimodal ,freight ,network under section #gjajc2 and 7#h7 other research areas to identify and address current1 emerging1 and future needs related to multimodal freight transportation4 7f7 ,funding 7#a7 ,federal share ,the ,federal share of the cost of an activity carried out under this section shall be #ajj percent4 7#b7 ,period of availability ,amounts made available to carry out this section shall remain available until expended4 7g7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas has the meaning given such term in section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a774 4 7b7 ,clerical amendment ,the analysis for chapter #gjb of title #di1 ,united ,states ,code1 is amended by adding at the end the following new item3 #gjbje4 ,national cooperative multimodal freight transportation research program4 4 #eajg4 ,wildlife-vehicle collision reduction and habitat connectivity improvement 7a7 ,study 7#a7 ,in general ,the ,secretary of ,transportation shall conduct a study examining methods to reduce collisions between motorists and wildlife 7referred to in this section as wildlife-vehicle collisions74 7#b7 ,contents 7,a7 ,areas of study ,the study required under paragraph 7#a7 shall-- 7i7 update and expand on1 as appropriate-- 7,i7 the report titled ,wildlife ,vehicle ,collision ,reduction ,study3 #bjjh ,report to ,congress3 and 7,,ii7 the document titled ,wildlife ,vehicle ,collision ,reduction ,study3 ,best ,practices ,manual and dated ,october #bjjh2 and 7ii7 include-- 7,i7 an assessment1 as of the date of the study1 of-- 7aa7 the causes of wildlife-vehicle collisions2 7bb7 the impact of wildlife-vehicle collisions on motorists and wildlife2 and 7cc7 the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species2 and 7,,ii7 solutions and best practices for-- 7aa7 reducing wildlife-vehicle collisions2 and 7bb7 improving habitat connectivity for terrestrial and aquatic species4 7,b7 ,methods ,in carrying out the study required under paragraph 7#a71 the ,secretary shall-- 7i7 conduct a thorough review of research and data relating to-- 7,i7 wildlife-vehicle collisions2 and 7,,ii7 habitat fragmentation that results from transportation infrastructure2 7ii7 survey current practices of the ,department of ,transportation and ,state departments of transportation to reduce wildlife-vehicle collisions2 and 7iii7 consult with-- 7,i7 appropriate experts in the field of wildlife-vehicle collisions2 and 7,,ii7 appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species4 7#c7 ,report 7,a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the results of the study required under paragraph 7#a74 7,b7 ,contents ,the report required under subparagraph 7,a7 shall include-- 7i7 a description of-- 7,i7 the causes of wildlife-vehicle collisions2 7,,ii7 the impacts of wildlife-vehicle collisions2 and 7,,iii7 the impacts of roads and traffic on-- 7aa7 species listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7bb7 species identified by ,states as species of greatest conservation need2 7cc7 species identified in ,state wildlife plans2 and 7dd7 medium and small terrestrial and aquatic species2 7ii7 an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species1 including the effect on jobs1 property values1 and economic growth to society1 adjacent communities1 and landowners2 7iii7 recommendations for preventing wildlife-vehicle collisions1 including recommended best practices1 funding resources1 or other recommendations for addressing wildlife-vehicle collisions2 and 7iv7 guidance to develop1 for each ,state that agrees to participate1 a voluntary joint statewide transportation and wildlife action plan4 7,c7 ,purposes ,the purpose of the guidance described in subparagraph 7,b77iv7 shall be-- 7i7 to address wildlife-vehicle collisions2 and 7ii7 to improve habitat connectivity for terrestrial and aquatic species4 7,d7 ,consultation ,the ,secretary shall develop the guidance described under subparagraph 7,b77iv7 in consultation with-- 7i7 ,federal land management agencies2 7ii7 ,state departments of transportation2 7iii7 ,state fish and wildlife agencies2 and 7iv7 ,tribal governments4 7b7 ,standardization of wildlife collision and carcass data 7#a7 ,standardization methodology 7,a7 ,in general ,the ,secretary of ,transportation1 acting through the ,administrator of the ,federal ,highway ,administration1 shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the ,national ,highway ,system1 taking into consideration the practicability of the methodology with respect to technology and cost4 7,b7 ,methodology ,in developing the standardized methodology under subparagraph 7,a71 the ,secretary shall-- 7i7 survey existing methodologies and sources of data collection1 including the ,fatality ,analysis ,reporting ,system1 the ,general ,estimates ,system of the ,national ,automotive ,sampling ,system1 and the ,highway ,safety ,information ,system2 and 7ii7 to the extent practicable1 identify and correct limitations of such existing methodologies and sources of data collection4 7,c7 ,consultation ,in developing the standardized methodology under subparagraph 7,a71 the ,secretary shall consult with-- 7i7 the ,secretary of the ,interior2 7ii7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 7iii7 ,tribal1 ,state1 and local transportation and wildlife authorities2 7iv7 metropolitan planning organizations 7as such term is defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7v7 members of the ,american ,association of ,state ,highway and ,transportation ,officials2 7vi7 members of the ,association of ,fish and ,wildlife ,agencies2 7vii7 experts in the field of wildlife-vehicle collisions2 7viii7 nongovernmental organizations2 and 7ix7 other interested stakeholders1 as appropriate4 7#b7 ,standardized national data system with voluntary template implementation ,the ,secretary shall-- 7,a7 develop a template for ,state implementation of a standardized national wildlife collision and carcass data system for the ,national ,highway ,system that is based on the standardized methodology developed under paragraph 7#a72 and 7,b7 encourage the voluntary implementation of the template developed under subparagraph 7,a7 for ,states1 metropolitan planning organizations1 and additional relevant transportation stakeholders4 7#c7 ,reports 7,a7 ,methodology ,the ,secretary shall submit to ,congress a report describing the development of the standardized methodology required under paragraph 7#a7 not later than-- 7i7 the date that is #ah months after the date of enactment of this ,act2 and 7ii7 the date that is #ahj days after the date on which the ,secretary completes the development of such standardized methodology4 7,b7 ,implementation ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing-- 7i7 the status of the voluntary implementation of the standardized methodology developed under paragraph 7#a7 and the template developed under paragraph 7#b77;,a72 7ii7 whether the implementation of the standardized methodology developed under paragraph 7#a7 and the template developed under paragraph 7#b77;,a7 has impacted efforts by ,states1 units of local government1 and other entities-- 7,i7 to reduce the number of wildlife-vehicle collisions2 and 7,,ii7 to improve habitat connectivity2 7iii7 the degree of the impact described in clause 7ii72 and 7iv7 the recommendations of the ,secretary1 including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the ,national ,highway ,system1 if any4 7c7 ,national threshold guidance ,the ,secretary of ,transportation shall-- 7#a7 establish guidance1 to be carried out by ,states on a voluntary basis1 that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species1 taking into consideration-- 7,a7 the number of wildlife-vehicle collisions on the highway that pose a human safety risk2 7,b7 highway-related mortality and effects of traffic on the highway on-- 7i7 species listed as endangered species or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 species identified by a ,state as species of greatest conservation need2 7iii7 species identified in ,state wildlife plans2 and 7iv7 medium and small terrestrial and aquatic species2 and 7,c7 habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species4 7d7 ,workforce development and technical training 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall1 based on the study conducted under subsection 7a71 develop a series of in-person and online workforce development and technical training courses-- 7,a7 to reduce wildlife-vehicle collisions2 and 7,b7 to improve habitat connectivity for terrestrial and aquatic species4 7#b7 ,availability ,the ,secretary shall-- 7,a7 make the series of courses developed under paragraph 7#a7 available for transportation and fish and wildlife professionals2 and 7,b7 update the series of courses not less frequently than once every #b years4 7e7 ,wildlife habitat connectivity and national bridge and tunnel inventory and inspection standards ,section #add of title #bc1 ,united ,states ,code1 is amended in subsection 7a77#b7-- 7#a7 in subparagraph 7,b7 by inserting 1 resilience1 after safety2 7#b7 in subparagraph 7,d7 by striking and at the end2 7#c7 in subparagraph 7,e7 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7,f7 to ensure adequate passage of aquatic and terrestrial species1 where appropriate4 2 #eajh4 ,research activities ,section #ccj7;g7 of title #di1 ,united ,states ,code1 is amended by striking each of fiscal years #bjaf through #bjbj and inserting each of fiscal years #bjbb through #bjbe4 #eaji4 ,innovative material innovation hubs 7a7 ,establishment 7#a7 ,in general ,the ,secretary of ,transportation shall carry out a program to enhance the development of innovative materials in the ,united ,states by making awards to consortia for establishing and operating ,hubs 7to be known as ,innovative ,material ,innovation ,hubs7 to conduct and support multidisciplinary1 collaborative research1 development1 demonstration1 standardized design development1 and commercial application of innovative materials4 7#b7 ,coordination ,the ,secretary shall ensure the coordination of1 and avoid duplication of1 the activities of each ,hub with the activities of-- 7,a7 other research entities of the ,department of ,transportation1 including the ,federal ,highway ,administration2 and 7,b7 research entities of other ,federal agencies1 as appropriate4 7b7 ,competitive selection process 7#a7 ,eligibility ,to be eligible to receive an award for the establishment and operation of a ,hub under subsection 7a77#a71 a consortium shall-- 7,a7 be composed of not fewer than two qualifying entities2 7,b7 operate subject to a binding agreement1 entered into by each member of the consortium1 that documents-- 7i7 the proposed partnership agreement1 including the governance and management structure of the ,hub2 7ii7 measures the consortium will undertake to enable cost-effective implementation of activities under the program described in subsection 7a77#a72 and 7iii7 a proposed budget1 including financial contributions from non-,federal sources2 and 7,c7 operate as a nonprofit organization4 7#b7 ,application 7,a7 ,in general ,a consortium seeking to establish and operate a ,hub under subsection 7a77#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a detailed description of-- 7i7 each element of the consortium agreement required under paragraph 7#a77;,b72 and 7ii7 any existing facilities the consortium intends to use for ,hub activities4 7,b7 ,requirement ,if the consortium members will not be located at #a centralized location1 the application under subparagraph 7,a7 shall include a communications plan that ensures close coordination and integration of ,hub activities4 7#c7 ,selection 7,a7 ,in general ,the ,secretary shall select consortia for awards for the establishment and operation of ,hubs through a competitive selection process4 7,b7 ,considerations ,in selecting consortia under subparagraph 7,a71 the ,secretary shall consider-- 7i7 any existing facilities a consortium has identified to be used for ,hub activities2 7ii7 maintaining geographic diversity in locations of selected ,hubs2 7iii7 the demonstrated ability of the recipient to conduct and support multidisciplinary1 collaborative research1 development1 demonstration1 standardized design development1 and commercial application of innovative materials2 7iv7 the demonstrated research1 technology transfer1 and education resources available to the recipient to carry out this section2 7v7 the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems related to innovative materials2 7vi7 the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs2 7vii7 the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection1 management1 and dissemination of research projects2 7viii7 the performance metrics to be used in assessing the performance of the recipient in meeting the stated research1 technology transfer1 education1 and outreach goals2 and 7ix7 the ability of the recipient to implement the proposed program in a cost-efficient manner1 including through cost sharing and overall reduced overhead1 facilities1 and administrative costs4 7#d7 ,transparency 7,a7 ,in general ,the ,secretary shall provide to each applicant1 upon request1 any materials1 including copies of reviews 7with any information that would identify a reviewer redacted71 used in the evaluation process of the proposal of the applicant4 7,b7 ,reports ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing the overall review process under paragraph 7#b71 given the considerations under paragraph 7#c71 that includes-- 7i7 specific criteria of evaluation used in the review2 7ii7 descriptions of the review process2 and 7iii7 explanations of the selected awards4 7c7 ,authorization ,there is authorized to be appropriated to carry out this section such sums as may be necessary and such sums shall remain available for a period of #c years after the last day of the fiscal year in which such sums were made available4 7d7 ,hub operations 7#a7 ,in general ,each ,hub shall conduct1 or provide for1 multidisciplinary1 collaborative research1 development1 demonstration1 and commercial application of innovative materials4 7#b7 ,activities ,each ,hub shall-- 7,a7 encourage collaboration and communication among the member qualifying entities of the consortium1 as described in subsection 7b77#a71 and awardees2 7,b7 develop and publish proposed plans and programs on a publicly accessible website2 7,c7 submit to the ,department of ,transportation an annual report summarizing the activities of the ,hub1 including information-- 7i7 detailing organizational expenditures2 and 7ii7 describing each project undertaken by the ,hub1 as it relates to conducting and supporting multidisciplinary1 collaborative research1 development1 demonstration1 standardized design development1 and commercial application of innovative materials2 and 7,d7 monitor project implementation and coordination4 7#c7 ,conflicts of interest ,each ,hub shall maintain conflict of interest procedures1 consistent with the conflict of interest procedures of the ,department of ,transportation4 7#d7 ,prohibition on construction and renovation 7,a7 ,in general ,no funds provided under this section may be used for construction or renovation of new buildings1 test beds1 or additional facilities for ,hubs4 7,b7 ,non-,federal share ,construction of new buildings or facilities shall not be considered as part of the non-,federal share of a ,hub cost-sharing agreement4 7e7 ,applicability ,the ,secretary shall administer this section in accordance with section #ccj of title #di1 ,united ,states ,code4 7f7 ,definitions ,in this section3 7#a7 ,hub ,the term ,hub means an ,innovative ,material ,innovation ,hub established under this section4 7#b7 ,qualifying entity ,the term qualifying entity means-- 7,a7 an institution of higher education 7as such term is defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 7,b7 an appropriate ,federal or ,state entity1 including a federally funded research and development center of the ,department of ,transportation2 7,c7 a university transportation center under section #eeje of title #di1 ,united ,states ,code2 and 7,d7 a research and development entity in existence on the date of enactment of this ,act focused on innovative materials that the ,secretary determines to be similar in scope and intent to a ,hub under this section4 7#c7 ,innovative material ,the term innovative material1 with respect to an infrastructure project1 includes materials or combinations and processes for use of materials that enhance the overall service life1 sustainability1 and resiliency of the project or provide ancillary benefits relative to widely adopted state of practice technologies1 as determined by the ,secretary4 #eaaj4 ,strategic transportation research agenda 7a7 ,in general ,subchapter #a of chapter #ee of title #di1 ,united ,states ,code1 as amended1 is further amended by adding at the end the following3 #eeji4 ,strategic transportation research agenda 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall enter into an agreement with the ,national ,academies to undertake a study of the research needs of the surface transportation system to fully adapt and integrate advanced technologies and innovation4 ,the focus areas of the study shall include-- 7#a7 connected and autonomous technologies2 7#b7 incorporating safety-related technologies2 7#c7 addressing infrastructure resiliency2 7#d7 multimodal connectivity2 7#e7 data gathering of travel behavior1 including the public's short and long-term responses to transformational technologies2 7#f7 impacts of private-sector transportation product development on society and the traditional research enterprise2 7#g7 support for a public-sector culture of transportation innovation and acceleration of federally funded research into practice1 codes1 and standards2 and 7#h7 fostering development of transportation educators and transportation professionals4 7b7 ,report ,the agreement entered into under this section shall require the ,national ,academies to submit to ,congress a report containing the results of the study not later than #b years after the date of enactment of this section4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #a1ejj1jjj for fiscal year #bjbb4 4 7b7 ,conforming amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #eeji4 ,strategic transportation research agenda4 4 #eaaa4 ,advanced transportation research and innovation program 7a7 ,in general ,subchapter ,i of chapter #ee of title #di1 ,united ,states ,code1 as amended1 is further amended by adding at the end the following3 #eeaj4 ,advanced transportation research and innovation program4 7a7 ,establishment ,the ,secretary of ,transportation shall establish an advanced transportation research and innovation program1 to be administered by the ,assistant ,secretary of ,research and ,technology1 to-- 7#a7 support research that addresses the long-term barriers to development of advanced transportation technologies with the potential to meet the ,nation's long-term safety1 competitiveness1 and transportation goals2 7#b7 support high-risk research and development to accelerate transformational transportation innovations and emerging technology development2 7#c7 advance research and development that improves the resilience of regions of the ,united ,states to natural disasters1 extreme weather1 and the effects of climate change on modal and multimodal transportation and infrastructure2 7#d7 leverage ,federal interagency research mechanisms and the academic research enterprise2 7#e7 educate and train students in science1 technology1 engineering1 and mathematics fields to conduct research and standards development relevant to transportation technologies1 materials1 systems1 operations1 processes1 and policies2 and 7#f7 fostering collaboration among federal researchers and academic researchers4 7b7 ,collaboration 7#a7 ,interagency collaboration ,in carrying out this section1 the ,secretary shall collaborate on1 identify1 and disseminate within the ,department1 as appropriate1 advanced transportation research1 development1 and other activities of other ,federal agencies1 including the ,office of ,science and ,technology ,policy1 the ,national ,science ,foundation1 the ,department of ,energy1 the ,national ,institute of ,standards and ,technology1 the ,department of ,homeland ,security1 the ,national ,aeronautics and ,space ,administration1 the ,national ,oceanic and ,atmospheric ,administration1 and the ,department of ,defense to ensure the ,department's research investments are making the best possible contribution to the ,nation's goals of public health and safety1 economic prosperity1 national security1 environmental quality1 and a diverse transportation workforce4 7#b7 ,non-,governmental collaboration ,in carrying out this section1 the ,secretary shall collaborate with labor organizations1 as appropriate4 7c7 ,research grants ,in carrying out this section1 the ,secretary may carry out the activities described under subsection 7a7 through-- 7#a7 competitive1 merit-based basic research grants to individual investigators and teams of investigators2 and 7#b7 centers of excellence selected through a competitive1 merit-based process4 7d7 ,application 7#a7 ,in general ,an investigator1 team of investigators1 or an institution of higher education 7or consortium thereof7 seeking funding under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,research centers ,each application under paragraph 7#a7 from an institution of higher education 7or consortium thereof7 shall include a description of how the ,center will promote multidisciplinary transportation research and development collaboration4 7e7 ,research ,at a minimum1 the ,secretary shall award #ge percent of awards under this program to projects for basic research4 7f7 ,review ,not later than ,september #cj1 #bjbe1 the ,secretary shall enter into an agreement with the ,national ,academies to conduct a review of the research and activities carried out under this program and assess whether such activities are consistent with subsection 7a74 ,members of the review panel shall represent1 at a minimum1 multimodal surface transportation researchers and practitioners4 7g7 ,report ,not later than #a year after the date of enactment of the ,,invest in ,america ,act1 and biennially thereafter1 the ,secretary shall provide to the ,committee on ,commerce1 ,science1 and ,transportation and ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on implementation of the program under this section and research areas that the program will support4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for each of fiscal years #bjbb through #bjbe4 4 7b7 ,conforming amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #eeaj4 ,advanced transportation research and innovation program4 4 #eaab4 ,interagency innovative materials standards task force 7a7 ,purposes ,the purposes of this section shall be-- 7#a7 to encourage the research1 design1 and use of innovative materials1 in concert with traditional materials1 and associated techniques in the construction and preservation of the domestic infrastructure network2 7#b7 to accelerate the deployment and extend the service life1 improve the performance1 and reduce the cost of infrastructure projects2 and 7#c7 to improve the economy1 resilience1 maintainability1 sustainability1 and safety of the domestic infrastructure network4 7b7 ,establishment 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall establish an ,interagency ,innovative ,materials ,standards ,task ,force 7referred to in this section as the ,task ,force7 composed of the heads of ,federal agencies responsible for significant civil infrastructure projects1 including the ,administrator of the ,federal ,highway ,administration4 7#b7 ,chairperson ,the ,director of the ,national ,institute of ,standards and ,technology shall serve as ,chairperson of the ,task ,force4 7c7 ,duties ,the ,task ,force shall coordinate and improve1 with respect to infrastructure construction1 retrofitting1 rehabilitation1 and other improvements-- 7#a7 ,federal testing standards2 7#b7 ,federal design and use guidelines2 7#c7 ,federal regulations2 and 7#d7 other applicable standards and performance and sustainability metrics4 7d7 ,report 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,task ,force shall conduct1 and submit to the appropriate committees of ,congress a report that describes the results of1 a study-- 7,a7 to assess the standards and performance metrics for the use of innovative materials in infrastructure projects2 7,b7 to identify any barriers1 regulatory or otherwise1 relating to the standards described in subparagraph 7,a7 that preclude the use of certain products or associated techniques2 and 7,c7 to identify opportunities for the development of standardized designs and materials genome approaches that design and use innovative materials to reduce costs1 improve performance and sustainability1 and extend the service life of infrastructure assets4 7#b7 ,report ,the report under paragraph 7#a7 shall-- 7,a7 identify any non-,federal entities or other organizations1 including the ,american ,association of ,state ,highway and ,transportation ,officials1 that develop relevant standards2 and 7,b7 outline a strategy to improve coordination and information sharing between the entities described in subparagraph 7,a7 and any relevant ,federal agencies4 7e7 ,improved coordination ,not later than #b years after the date of enactment of this ,act1 the ,task ,force shall collaborate with any non-,federal entity identified under subsection 7d77#b77;,a7-- 7#a7 to identify and carry out appropriate research1 testing methods1 and processes relating to the development and use of innovative materials2 7#b7 to develop new methods and processes relating to the development and use of innovative materials1 as the applicable agency head determines to be necessary2 7#c7 to contribute to the development of standards1 performance metrics1 and guidelines for the use of innovative materials and approaches in civil infrastructure projects2 7#d7 to develop a plan for addressing potential barriers1 regulatory or otherwise1 identified in subsection 7d77#a77;,b72 and 7#e7 to develop a plan for the development of standardized designs that use innovative materials to reduce costs1 improve performance and sustainability1 and extend the service life of infrastructure assets4 7f7 ,innovative material defined ,in this section1 the term innovative material1 with respect to an infrastructure project1 includes those materials or combinations and processes for use of materials that enhance the overall service life1 sustainability1 and resiliency of the project or provide ancillary benefits relative to widely adopted state of practice technologies1 as determined by the appropriate ,secretary or agency head4 #eaac4 ,transportation equity research program 7a7 ,in general ,the ,secretary of ,transportation shall carry out a transportation equity research program for research and demonstration activities that focus on the impacts that surface transportation planning1 investment1 and operations have on low-income populations1 minority populations1 women1 and other underserved populations that may be dependent on public transportation4 ,such activities shall include research on surface transportation equity issues1 the development of strategies to advance economic and community development in public transportation-dependent populations1 and the development of training programs that promote the employment of low-income populations1 minority populations1 women1 and other underserved populations on ,federal-aid transportation projects constructed in their communities4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7c7 ,availability of amounts ,amounts made available to the ,secretary to carry out this section shall remain available for a period of #c years beginning after the last day of the fiscal year for which the amounts are authorized4 ,b ,technology ,deployment #ebja4 ,technology and innovation deployment program ,section #ejc7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7 by inserting 1 while considering the impacts on jobs after transportation community2 7,b7 in subparagraph 7,d7 by striking 2 and and inserting a semicolon2 7,c7 in subparagraph 7,e7 by striking the period and inserting 2 and2 and 7,d7 by adding at the end the following3 7,f7 reducing greenhouse gas emissions and limiting the effects of climate change4 2 and 7#b7 in paragraph 7#b77;,a7 by striking the period and inserting and findings from the materials to reduce greenhouse gas emissions program under subsection 7d744 #ebjb4 ,accelerated implementation and deployment of pavement technologies ,section #ejc7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 in clause 7v7 by striking 2 and and inserting a semicolon2 7,b7 in clause 7vi7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7vii7 the deployment of innovative pavement designs1 materials1 and practices that reduce or sequester the amount of greenhouse gas emissions generated during the production of highway materials and the construction of highways1 with consideration for findings from the materials to reduce greenhouse gas emissions program under subsection 7d74 2 7#b7 in subparagraph 7,c7 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbe2 and 7#c7 in subparagraph 7,d77ii7-- 7,a7 in subclause 7,,iii7 by striking 2 and and inserting a semicolon2 7,b7 in subclause 7,,iv7 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,v7 pavement monitoring and data collection practices2 7,,vi7 pavement durability and resilience2 7,,vii7 stormwater management2 7,,viii7 impacts on vehicle efficiency2 7,,ix7 the energy efficiency of the production of paving materials and the ability of paving materials to enhance the environment and promote sustainability2 7,x7 integration of renewable energy in pavement designs2 and 7,,xi7 greenhouse gas emissions reduction1 including findings from the materials to reduce greenhouse gas emissions program under subsection 7d74 4 #ebjc4 ,federal ,highway ,administration ,every ,day ,counts initiative 7a7 ,in general ,chapter #e of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ebj4 ,every ,day ,counts initiative 7a7 ,in general ,it is in the national interest for the ,department of ,transportation1 ,state departments of transportation1 and all other recipients of ,federal surface transportation funds-- 7#a7 to identify1 accelerate1 and deploy innovation aimed at expediting project delivery2 7#b7 enhancing the safety of the roadways of the ,united ,states1 and protecting the environment2 7#c7 to ensure that the planning1 design1 engineering1 construction1 and financing of transportation projects is done in an efficient and effective manner2 7#d7 to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement2 and 7#e7 to create a culture of innovation within the highway community4 7b7 ,every ,day ,counts initiative ,to advance the policy described in subsection 7a71 the ,administrator of the ,federal ,highway ,administration shall continue the ,every ,day ,counts initiative to work with ,states1 local transportation agencies1 all other recipients of ,federal surface transportation funds1 and industry stakeholders1 including labor representatives1 to identify and deploy proven innovative practices and products that-- 7#a7 accelerate innovation deployment2 7#b7 expedite the project delivery process2 7#c7 improve environmental sustainability2 7#d7 enhance roadway safety2 7#e7 reduce congestion2 and 7#f7 reduce greenhouse gas emissions4 7c7 ,considerations ,in carrying out the ,every ,day ,counts initiative1 the ,administrator shall consider any innovative practices and products in accordance with subsections 7a7 and 7b71 including-- 7#a7 research results from the university transportation centers program under section #eeje of title #di2 and 7#b7 results from the materials to reduce greenhouse gas emissions program in section #ejc7;d74 7d7 ,innovation deployment 7#a7 ,in general ,at least every #b years1 the ,administrator shall work collaboratively with stakeholders to identify a new collection of innovations1 best practices1 and data to be deployed to highway stakeholders through case studies1 outreach1 and demonstration projects4 7#b7 ,requirements ,in identifying a collection described in paragraph 7#a71 the ,secretary shall take into account market readiness1 impacts1 benefits1 and ease of adoption of the innovation or practice4 7e7 ,publication ,each collection identified under subsection 7d7 shall be published by the ,administrator on a publicly available website4 7f7 ,funding ,the ,secretary may use funds made available to carry out section #ejc7;c7 to carry out this section4 4 7b7 ,clerical amendment ,the analysis for chapter #e of title #bc1 ,united ,states ,code1 is amended by adding at the end the following new item3 #ebj4 ,every ,day ,counts initiative4 4 7c7 ,repeal ,section #addd of the ,,fast ,act 7#bc ,u4,s4,c4 #aja note71 and the item related to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 ,c ,emerging ,technologies #ecja4 ,safe1 efficient mobility through advanced technologies ,section #ejc7;c77#d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking ,not later than #f months after the date of enactment of this paragraph1 the and inserting ,the2 7,b7 by striking establish an advanced transportation and congestion management technologies deployment and inserting establish a safe1 efficient mobility through advanced technologies2 7,c7 by inserting mobility1 before efficiency12 and 7,d7 by inserting environmental impacts1 after system performance12 7#b7 in subparagraph 7,b7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 reduce costs1 improve return on investments1 and improve person throughput and mobility1 including through the optimization of existing transportation capacity2 2 7,b7 in clause 7iv7 by inserting bicyclist and before pedestrian2 7,c7 in clause 7vii7 by striking 2 or and inserting a semicolon2 7,d7 in clause 7viii7-- 7i7 by striking accelerate and inserting prepare for2 and 7ii7 by striking the period and inserting 2 or2 and 7,e7 by adding at the end the following3 7ix7 reduce greenhouse gas emissions and limit the effects of climate change4 2 7#c7 in subparagraph 7,c7-- 7,a7 in clause 7ii77,,ii77aa7 by striking congestion and inserting congestion and delays1 greenhouse gas emissions2 and 7,b7 by adding at the end the following3 7iii7 ,considerations ,an application submitted under this paragraph may include a description of how the proposed project would support the national goals described in section #aej7;b71 the achievement of metropolitan and statewide targets established under section #aej7;d71 or the improvement of transportation system access consistent with section #aej7;f71 including through-- 7,i7 the congestion and on-road mobile-source emissions performance measure established under section #aej7;c77#e72 or 7,,ii7 the greenhouse gas emissions performance measure established under section #aej7;c77#g74 2 7#d7 in subparagraph 7,d7 by adding at the end the following3 7iv7 ,prioritization ,in awarding a grant under this paragraph1 the ,secretary shall prioritize projects that1 in accordance with the criteria described in subparagraph 7,b7-- 7,i7 improve person throughput and mobility1 including through the optimization of existing transportation capacity2 7,,ii7 deliver environmental benefits2 7,,iii7 reduce the number and severity of traffic accidents and increase driver1 passenger1 and bicyclist and pedestrian safety2 or 7,,iv7 reduce greenhouse gas emissions4 7v7 ,grant distribution ,the ,secretary shall award not fewer than #c grants under this paragraph based on the potential of the project to reduce the number and severity of traffic crashes and increase1 driver1 passenger1 and bicyclist and pedestrian safety4 2 7#e7 in subparagraph 7,e7-- 7,a7 in clause 7vi7-- 7i7 by inserting 1 vehicle-to-pedestrian1 after vehicle-to-vehicle2 and 7ii7 by inserting systems to improve vulnerable road user safety1 before technologies associated with 2 and 7,b7 in clause 7ix7 by inserting 1 including activities under section #ecaf of title #di after disabled individuals2 7#f7 by striking subparagraph 7,g7 and inserting the following3 7,g7 ,reporting 7i7 ,applicability of law ,the program under this paragraph shall be subject to the accountability and oversight requirements in section #ajf7m74 7ii7 ,report ,not later than #a year after the date that the first grant is awarded under this paragraph1 and each year thereafter1 the ,secretary shall make available to the public on a website a report that describes the effectiveness of grant recipients in meeting their projected deployment plans1 including data provided under subparagraph 7,f7 on how the program has-- 7,i7 reduced traffic-related fatalities and injuries2 7,,ii7 reduced traffic congestion and improved travel time reliability2 7,,iii7 reduced transportation-related emissions2 7,,iv7 optimized multimodal system performance2 7,v7 improved access to transportation alternatives2 7,,vi7 provided the public with access to real-time integrated traffic1 transit1 and multimodal transportation information to make informed travel decisions2 7,,vii7 provided cost savings to transportation agencies1 businesses1 and the traveling public2 7,,viii7 created or maintained transportation jobs and supported transportation workers2 or 7,,ix7 provided other benefits to transportation users and the general public4 7iii7 ,considerations ,if applicable1 the ,secretary shall ensure that the activities described in subclauses 7,i7 and 7,,iv7 of clause 7ii7 reflect-- 7,i7 any information described in subparagraph 7,c77iii7 that is included by an applicant2 or 7,,ii7 the project prioritization guidelines under subparagraph 7,d77iv74 2 7#g7 in subparagraph 7,i7 by striking 7i7 ,in general and all that follows through the ,secretary may set aside and inserting ,of the amounts made available to carry out this paragraph1 the ,secretary may set aside2 7#h7 in subparagraph 7,j7 by striking the period at the end and inserting 1 except that the ,federal share of the cost of a project for which a grant is awarded under this paragraph shall not exceed #hj percent42 7#i7 in subparagraph 7,k7 by striking amount described under subparagraph 7,i7 and inserting funds made available to carry out this paragraph2 7#aj7 by striking subparagraph 7,m7 and inserting the following3 7,m7 ,grant flexibility ,if1 by ,august #a of each fiscal year1 the ,secretary determines that there are not enough grant applications that meet the requirements described in subparagraph 7,c7 to carry out this paragraph for a fiscal year1 the ,secretary shall transfer to the technology and innovation deployment program-- 7i7 any of the funds made available to carry out this paragraph in a fiscal year that the ,secretary has not yet awarded under this paragraph2 and 7ii7 an amount of obligation limitation equal to the amount of funds that the ,secretary transfers under clause 7i74 2 and 7#aa7 in subparagraph 7,n7-- 7,a7 in clause 7i7 by inserting an urbanized area with before a population of2 and 7,b7 in clause 7iii7 by striking a any and inserting any4 #ecjb4 ,intelligent transportation systems program 7a7 ,use of funds for ,,its activities ,section #eac7;c77#a7 of title #bc1 ,united ,states ,code1 is amended by inserting greenhouse gas emissions reduction1 before and congestion management4 7b7 ,goals and purposes ,section #ead7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f7 by striking national freight policy goals and inserting national multimodal freight policy goals and activities described in subtitle ,,ix of title #di2 7#b7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 reduction of greenhouse gas emissions and mitigation of the effects of climate change2 4 7c7 ,general authorities and requirements ,section #eae7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking #bj members and inserting #be members2 7,b7 in subparagraph 7,a7 by striking ,state highway department and inserting ,state department of transportation2 7,c7 in subparagraph 7,b7 by striking local highway department and inserting local department of transportation2 7,d7 by striking subparagraphs 7,e71 7,f71 7,g71 7,h71 7,i71 and 7,j7 and inserting the following3 7,e7 a private sector representative of the intelligent transportation systems industry2 7,f7 a representative from an advocacy group concerned with safety1 including bicycle and pedestrian interests2 7,g7 a representative from a labor organization2 and 2 7,e7 by redesignating subparagraph 7,k7 as subparagraph 7,h72 and 7,f7 by striking subparagraph 7,l72 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7 by striking section #ejh and inserting section #fejc of title #di2 7,b7 in subparagraph 7,b7-- 7i7 in clause 7ii7-- 7,i7 by inserting in both urban and rural areas after by users2 and 7,,ii7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7iii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iv7 assess how ,federal transportation resources1 including programs under this title1 are being used to advance intelligent transportation systems4 2 and 7,c7 by adding at the end the following3 7,c7 ,convene not less frequently than twice each year1 either in person or remotely4 2 7#c7 in paragraph 7#d7 by striking ,may #a and inserting ,april #a2 and 7#d7 in paragraph 7#e7 by inserting 1 except that section #ad of such ,act shall not apply before the period at the end4 7d7 ,research and development ,section #eaf7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 and 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 demonstrate reductions in greenhouse gas emissions2 4 #ecjc4 ,national highly automated vehicle and mobility innovation clearinghouse 7a7 ,in general ,subchapter ,i of chapter #ee of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #eejg4 ,national highly automated vehicle and mobility innovation clearinghouse 7a7 ,in general ,the ,secretary shall make a grant to an institution of higher education engaged in research on the secondary impacts of highly automated vehicles and mobility innovation to-- 7#a7 operate a national highly automated vehicle and mobility innovation clearinghouse2 7#b7 collect1 conduct1 and fund research on the secondary impacts of highly automated vehicles and mobility innovation2 7#c7 make such research available on a public website2 and 7#d7 conduct outreach and dissemination of the information described in this subsection to assist communities4 7b7 ,definitions ,in this section3 7#a7 ,highly automated vehicle ,the term highly automated vehicle means a motor vehicle that-- 7,a7 is capable of performing the entire task of driving 7including steering1 accelerating and decelerating1 and reacting to external stimulus7 without human intervention2 and 7,b7 is designed to be operated exclusively by a ,level #c1 ,level #d1 or ,level #e automated driving system for all trips according to the recommended practice standards published on ,june #ae1 #bjah1 by the ,society of ,automotive ,engineers ,international 7,j#cjafbjahjf7 or equivalent standards adopted by the ,secretary with respect to automated motor vehicles4 7#b7 ,mobility innovation ,the term mobility innovation means an activity described in section #ecaf1 including mobility on demand and mobility as a service 7as such terms are defined in such section74 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#d7 ,secondary impacts ,the term secondary impacts means the impacts on land use1 urban design1 transportation systems1 real estate1 accessibility1 municipal budgets1 social equity1 availability and quality of jobs1 air quality and climate1 energy consumption1 and the environment4 4 7b7 ,clerical amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #eejf1 as added by this ,act1 the following3 #eejg4 ,national highly automated vehicle and mobility innovation clearinghouse4 4 7c7 ,deadline for clearinghouse ,the ,secretary of ,transportation shall ensure that the institution of higher education that receives the grant described in section #eejg7;a77#a7 of title #di1 ,united ,states ,code1 as added by subsection 7a71 shall establish the national highly automated vehicle clearinghouse described in such section not later than #ahj days after the date of enactment of this ,act4 #ecjd4 ,study on safe interactions between automated vehicles and road users 7a7 ,purpose ,the purpose of this section shall be to ensure that the increasing deployment of automated vehicles does not jeopardize the safety of road users4 7b7 ,study 7#a7 ,establishment ,not later than #i months after the date of enactment of this ,act1 the ,secretary of ,transportation shall initiate a study on the ability of automated vehicles to safely interact with other road users4 7#b7 ,contents ,in carrying out the study under paragraph 7#a71 the ,secretary shall-- 7,a7 examine the ability of automated vehicles to safely interact with general road users1 including vulnerable road users2 7,b7 identify barriers to improving the safety of interactions between automated vehicles and general road users2 and 7,c7 issue recommendations to improve the safety of interactions between automated vehicles and general road users1 including1 at a minimum-- 7i7 technology advancements with the potential to facilitate safer interactions between automated vehicles and general road users given the safety considerations in paragraph 7#c72 7ii7 road user public awareness2 and 7iii7 improvements to transportation planning and road design4 7#c7 ,considerations ,in carrying out the study under paragraph 7#a71 the ,secretary shall take into consideration whether automated vehicles can safely operate within the surface transportation system1 including-- 7,a7 the degree to which ordinary human behaviors make it difficult for an automated vehicle to safely1 reliably predict human actions2 7,b7 unique challenges for automated vehicles in urban and rural areas2 7,c7 the degree to which an automated vehicle is capable of uniformly recognizing and responding to individuals with disabilities and individuals of different sizes1 ages1 races1 and other varying characteristics2 7,d7 for bicyclist1 motorcyclist1 and pedestrian road users-- 7i7 the varying and non-standardized nature of bicyclist and pedestrian infrastructure in different locations2 7ii7 the close proximity to motor vehicles within which bicyclists often operate1 including riding in unprotected bike lanes and crossing lanes to make a left turn1 and the risk of such close proximity2 and 7iii7 roadways that lack marked bicyclist infrastructure1 particularly in midsized and rural areas1 on which bicyclists often operate2 7,e7 for motorcyclist road users1 the close proximity to other motor vehicles within which motorcyclists operate1 including operating between lanes of slow or stopped traffic2 and 7,f7 depending on the level of automation of the vehicle1 the degree to which human intervention remains necessary to safely operate an automated vehicle to ensure the safety of general road users in circumstances including-- 7i7 dangerous weather2 7ii7 an electronic or system malfunction of the automated vehicle2 and 7iii7 a cybersecurity threat to the operation of the vehicle4 7#d7 ,public comment ,before conducting the study under paragraph 7#a71 the ,secretary shall provide an opportunity for public comment on the study proposal4 7c7 ,working group 7#a7 ,establishment ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a working group to assist in the development of the study and recommendations under subsection 7b74 7#b7 ,membership ,the working group established under paragraph 7#a7 shall include representation from-- 7,a7 the ,national ,highway ,traffic ,safety ,administration2 7,b7 ,state departments of transportation2 7,c7 local governments 7other than metropolitan planning organizations1 as such term is defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7,d7 transit agencies2 7,e7 metropolitan planning organizations 7as such term is defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7,f7 bicycle and pedestrian safety groups2 7,g7 highway and automobile safety groups2 7,h7 truck safety groups2 7,i7 law enforcement officers and first responders2 7,j7 motor carriers and independent owner-operators2 7,k7 the road construction industry2 7,l7 labor organizations2 7,m7 academic experts on automated vehicle technologies2 7,n7 manufacturers and developers of both passenger and commercial automated vehicles2 7,o7 a motorcyclist rights group2 and 7,p7 other industries and entities as the ,secretary determines appropriate4 7#c7 ,duties ,the working group established under paragraph 7#a7 shall assist the ,secretary by1 at a minimum-- 7,a7 assisting in the development of the scope of the study under subsection 7b72 7,b7 reviewing the data and analysis from such study2 7,c7 provide ongoing recommendations and feedback to ensure that such study reflects the contents described in paragraphs 7#b7 and 7#c7 of subsection 7b72 and 7,d7 providing input to the ,secretary on recommendations required under subsection 7b77#b77;,c74 7#d7 ,applicability of the ,federal ,advisory ,committee ,act ,the working group under this subsection shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 except that section #ad of such ,act shall not apply4 7d7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available1 the study initiated under subsection 7b71 including recommendations for ensuring that automated vehicles safely interact with general road users4 7e7 ,definitions ,in this section3 7#a7 ,automated vehicle ,the term automated vehicle means a motor vehicle equipped with ,level #c1 ,level #d1 or ,level #e automated driving systems for all trips according to the recommended practice standards published on ,june #ae1 #bjah by the ,society of ,automotive ,engineers ,international 7,j#cjafbjahjf7 or equivalent standards adopted by the ,secretary with respect to automated motor vehicles4 7#b7 ,general road users ,the term general road users means-- 7,a7 motor vehicles driven by individuals2 7,b7 bicyclists and pedestrians2 7,c7 motorcyclists2 7,d7 workers in roadside construction zones2 7,e7 emergency response vehicles1 including first responders2 7,f7 vehicles providing local government services1 including street sweepers and waste collection vehicles2 7,g7 law enforcement officers2 7,h7 personnel who manually direct traffic1 including crossing guards2 7,i7 users of shared micromobility 7including bikesharing and shared scooter systems72 and 7,j7 other road users that may interact with automated vehicles1 as determined by the ,secretary of ,transportation4 7#c7 ,vulnerable road user ,the term vulnerable road user has the meaning given such term in section #adh7;a7 of title #bc1 ,united ,states ,code4 #ecje4 ,nontraditional and ,emerging ,transportation ,technology ,council 7a7 ,in general ,chapter #a of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aah4 ,nontraditional and ,emerging ,transportation ,technology ,council 7a7 ,establishment ,the ,secretary of ,transportation shall establish a ,nontraditional and ,emerging ,transportation ,technology ,council 7hereinafter referred to as the ,council7 in accordance with this section4 7b7 ,membership 7#a7 ,in general ,the ,council shall be composed of the following officers of the ,department of ,transportation3 7,a7 ,the ,secretary of ,transportation4 7,b7 ,the ,deputy ,secretary of ,transportation4 7,c7 ,the ,under ,secretary of ,transportation for ,policy4 7,d7 ,the ,general ,counsel of the ,department of ,transportation4 7,e7 ,the ,chief ,information ,officer of the ,department of ,transportation4 7,f7 ,the ,assistant ,secretary for ,research and ,technology4 7,g7 ,the ,assistant ,secretary for ,budget and ,programs4 7,h7 ,the ,administrator of the ,federal ,aviation ,administration4 7,i7 ,the ,administrator of the ,federal ,highway ,administration4 7,j7 ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7,k7 ,the ,administrator of the ,federal ,railroad ,administration4 7,l7 ,the ,administrator of the ,federal ,transit ,administration4 7,m7 ,the ,administrator of the ,federal ,maritime ,administration4 7,n7 ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 7,o7 ,the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration4 7#b7 ,additional members ,the ,secretary may designate additional members of the ,department to serve as at-large members of the ,council4 7#c7 ,chair and ,vice ,chair ,the ,secretary may designate officials to serve as the ,chair and ,vice ,chair of the ,council and of any working groups of the ,council4 7c7 ,duties ,the ,council shall-- 7#a7 identify and resolve any jurisdictional or regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies1 modes1 or projects pending or brought before the ,department to eliminate1 so far as practicable1 impediments to the prompt and safe deployment of new and innovative transportation technology1 including with respect to safety regulation and oversight1 environmental review1 and funding issues2 7#b7 coordinate the ,department's internal oversight of nontraditional and emerging transportation technologies1 modes1 or projects and engagement with external stakeholders2 7#c7 within applicable statutory authority other than this paragraph1 develop and establish department-wide processes1 solutions1 and best practices for identifying1 managing and resolving issues regarding emerging transportation technologies1 modes1 or projects pending or brought before the ,department2 and 7#d7 carry out such additional duties as the ,secretary may prescribe1 to the extent consistent with this title1 including subsections 7f77#b7 and 7g7 of section #ajf4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aah4 ,nontraditional and ,emerging ,transportation ,technology ,council4 4 #ecjf4 ,hyperloop transportation 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,transportation1 acting through the ,nontraditional and ,emerging ,transportation ,technology ,council of the ,department of ,transportation1 shall issue guidance to provide a clear regulatory framework for the safe deployment of hyperloop transportation4 7b7 ,elements ,in developing the guidance under subsection 7a71 the ,council shall-- 7#a7 consider safety1 oversight1 environmental1 project delivery1 and other regulatory requirements prescribed by various modal administrations in the ,department2 7#b7 clearly delineate between relevant authorities with respect to hyperloop transportation in the ,department and provide project sponsors with a single point of access to the ,department to inquire about projects1 plans1 and proposals2 7#c7 establish clear1 coordinated procedures for the regulation of hyperloop transportation projects2 and 7#d7 develop and establish department-wide processes1 solutions1 and best practices for identifying1 managing1 and resolving matters regarding hyperloop transportation subject to the ,department's jurisdiction4 #ecjg4 ,surface transportation workforce retraining grant program 7a7 ,establishment ,the ,secretary of ,transportation shall establish a program to make grants to eligible entities to develop a curriculum for and establish transportation workforce training programs in urban and rural areas to train1 upskill1 and prepare surface transportation workers1 whose jobs may be changed or worsened by automation1 who have been separated from their jobs1 or who have received notice of impending job loss1 as a result of being replaced by automated driving systems4 7b7 ,eligible entities ,the following entities shall be eligible to receive grants under this section3 7#a7 ,institutions of higher education4 7#b7 ,consortia of institutions of higher education4 7#c7 ,trade associations4 7#d7 ,nongovernmental stakeholders4 7#e7 ,organizations with a demonstrated capacity to develop and provide career pathway programs through labor-management partnerships and apprenticeships on a nationwide basis4 7c7 ,limitation on awards ,an entity may only receive one grant per fiscal year under this section for an amount determined appropriate by the ,secretary4 7d7 ,use of funds 7#a7 ,in general ,a recipient of a grant under this section may only use grant amounts for developing and carrying out direct surface transportation workforce retraining programs1 including-- 7,a7 testing of new roles for existing jobs1 including mechanical work1 diagnostic work1 and fleet operations management2 7,b7 coursework or curricula through which participants may pursue a degree or certification2 7,c7 direct worker training or train-the-trainer type programs in support of surface transportation workers displaced by automated vehicles2 or 7,d7 training and upskilling workers1 including current drivers and maintenance technicians1 for positions directly related to automated vehicle operations4 7#b7 ,limitation ,funds made available under this section may not be used in support of programs to evaluate the effectiveness of automated vehicle technologies4 7e7 ,selection criteria ,the ,secretary shall select recipients of grants under this section based on the following criteria3 7#a7 ,demonstrated research resources available to the applicant for carrying out this section4 7#b7 ,capability of the applicant to develop curricula in the training or retraining of individuals described in subsection 7a7 as a result of automated vehicles4 7#c7 ,demonstrated commitment of the recipient to carry out a surface transportation workforce development program through degree-granting programs or programs that provide other industry-recognized credentials4 7#d7 ,the ability of the applicant to fulfill the purposes under subsection 7a74 7f7 ,eligibility ,an applicant is only eligible for a grant under this section if such applicant-- 7#a7 has an established surface transportation workforce development program2 7#b7 has expertise in solving surface transportation problems through research1 training1 education1 and technology2 7#c7 actively shares information and results with other surface transportation workforce development programs with similar objectives2 7#d7 has experience in establishing1 developing and administering a surface transportation-related apprenticeship or training program with at least #e years of demonstrable results2 and 7#e7 agrees to make all curricula1 research findings1 or other materials developed using grant funding under this section publicly available4 7g7 ,federal share 7#a7 ,in general ,the ,federal share of a grant under this section shall be a dollar for dollar match of the costs of establishing and administering the retraining program and related activities carried out by the grant recipient or consortium of grant recipients4 7#b7 ,availability of funds ,for a recipient of a grant under this section carrying out activities under such grant in partnership with a public transportation agency that is receiving funds under section #ecjg1 #eccg1 or #ecci of title #di1 ,united ,states ,code1 not more than #j4e percent of amounts made available under any such section may qualify as the non-,federal share under paragraph 7#a74 7h7 ,reporting ,not later than #fj days after grants are awarded in any fiscal year under this section1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committees on ,commerce1 ,science1 and ,transportation1 ,banking1 ,housing1 and ,urban ,affairs1 and ,environment and ,public ,works of the ,senate1 and make publicly available1 a report describing the activities and effectiveness of the program under this section4 7#a7 ,transparency ,the report under this subsection shall include the following information on activities carried out under this section3 7,a7 ,a list of all grant recipients under this section4 7,b7 ,an explanation of why each recipient was chosen in accordance with the selection criteria under subsection 7e7 and the eligibility requirements under subsection 7f74 7,c7 ,a summary of activities carried out by each recipient and an analysis of the progress of such activities toward achieving the purposes under subsection 7a74 7,d7 ,an accounting for the use of ,federal funds expended in carrying out this section4 7,e7 ,an analysis of outcomes of the program under this section4 7#b7 ,training information ,the report shall include the following data on surface transportation workforce training3 7,a7 ,the sectors of the surface transportation system from which workers are being displaced4 7,b7 ,the skills and professions for which workers are being retrained4 7,c7 ,how many workers have benefitted from the grant award4 7,d7 ,relevant demographic information of impacted workers4 7i7 ,definitions ,for the purposes of this section1 the following definitions apply3 7#a7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#b7 ,automated vehicle ,the term automated vehicle means a motor vehicle that-- 7,a7 is capable of performing the entire task of driving 7including steering1 accelerating1 and decelerating1 and reacting to external stimulus7 without human intervention2 and 7,b7 is designed to be operated exclusively by a ,level #d or ,level #e automated driving system for all trips according to the recommended practice standards published on ,june #ae1 #bjah1 by the ,society of ,automotive ,engineers ,international 7,j#cjafbjahjf7 or equivalent standards adopted by the ,secretary with respect to automated motor vehicles4 7#c7 ,public transportation ,the term public transportation has the meaning given such term in section #ecjb of title #di1 ,united ,states ,code4 7j7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjbb through #bjbe to carry out this section4 7#b7 ,availability of amounts ,amounts made available to the ,secretary to carry out this section shall remain available for a period of #c years after the last day of the fiscal year for which the amounts are authorized4 #ecjh4 ,third-party data integration pilot program 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish and implement a pilot program 7in this section referred to as the program7 to leverage anonymous crowdsourced data from third-party entities to improve transportation management capabilities and efficiency on ,federal-aid highways4 7b7 ,goals ,the goals of the program include the utilization of anonymous crowdsourced data from third parties to implement integrated traffic management systems which leverage real-time data to provide dynamic and efficient traffic-flow management for purposes of-- 7#a7 adjusting traffic light cycle times to optimize traffic management and decrease congestion2 7#b7 expanding or contracting lane capacity to meet traffic demand2 7#c7 enhancing traveler notification of service conditions2 7#d7 prioritizing high-priority vehicles such as emergency response and law enforcement within the transportation system2 and 7#e7 any other purposes which the ,secretary deems an appropriate use of anonymous user data4 7c7 ,partnership ,in carrying out the program1 the ,secretary is authorized to enter into agreements with public and private sector entities to accomplish the goals listed in subsection 7b74 7d7 ,data privacy and security ,the ,secretary shall ensure the protection of privacy for all sources of data utilized in the program1 promoting cybersecurity to prevent hacking1 spoofing1 and disruption of connected and automated transportation systems4 7e7 ,program locations ,in carrying out the program1 the ,secretary shall initiate programs in a variety of areas1 including urban1 suburban1 rural1 tribal1 or any other appropriate settings4 7f7 ,best practices ,not later than #c years after date of enactment of this ,act1 the ,secretary shall publicly make available best practices to leverage private user data to support improved transportation management capabilities and efficiency1 including-- 7#a7 legal considerations when acquiring private user data for public purposes2 and 7#b7 protecting privacy and security of individual user data4 7g7 ,report ,the ,secretary shall annually submit a report to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report detailing-- 7#a7 a description of the activities carried out under the pilot program2 7#b7 an evaluation of the effectiveness of the pilot program in meeting goals descried in subsection 7b72 7#c7 policy recommendations to improve integration of systems between public and private entities2 and 7#d7 a description of costs associated with equipping and maintaining systems4 7h7 ,authorization of appropriations ,there is authorized to be appropriated such sums as are necessary to carry out the program4 7i7 ,sunset ,on a date that is #e years after the enactment of this ,act1 this program shall cease to be effective4 #ecji4 ,third-party data planning integration pilot program 7a7 ,in general ,not later than #ahj days after enactment of this ,act1 the ,secretary of ,transportation shall establish and implement a pilot program 7in this section referred to as the program7 to leverage anonymous crowdsourced data from third-party entities to improve transportation management capabilities and efficiency on ,federal-aid highways4 7b7 ,goals ,the goals of the program include the utilization of anonymous crowdsourced data from third parties to-- 7#a7 utilize private-user data to inform infrastructure planning decisions for the purposes of-- 7,a7 reducing congestion2 7,b7 decreasing miles traveled2 7,c7 increasing safety2 7,d7 improving freight efficiency2 7,e7 enhancing environmental conditions2 and 7,f7 other purposes as the ,secretary deems necessary4 7c7 ,partnership ,in carrying out the program1 the ,secretary is authorized to enter into agreements with public and private sector entities to accomplish the goals listed in subsection 7b74 7d7 ,data privacy and security ,the ,secretary shall ensure the protection of privacy for all sources of data utilized in the program1 promoting cybersecurity to prevent hacking1 spoofing1 and disruption of connected and automated transportation systems4 7e7 ,program locations ,in carrying out the program1 the ,secretary shall initiate programs in a variety of areas1 including urban1 suburban1 rural1 tribal1 or any other appropriate settings4 7f7 ,best practices ,not later than #c years after date of enactment of this ,act1 the ,secretary shall publicly make available best practices to leverage private user data to support improved transportation management capabilities and efficiency1 including-- 7#a7 legal considerations when acquiring private user data for public purposes2 and 7#b7 protecting privacy and security of individual user data4 7g7 ,report ,the ,secretary shall annually submit a report to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report detailing-- 7#a7 a description of the activities carried out under the pilot program2 7#b7 an evaluation of the effectiveness of the pilot program in meeting goals descried in subsection 7b72 and 7#c7 policy recommendations to improve the implementation of anonymous crowdsourced data into planning decisions4 7h7 ,authorization of appropriations ,there is authorized to be appropriated such sums as are necessary to carry out the program4 7i7 ,sunset ,on a date that is #e years after the enactment of this ,act1 this program shall cease to be effective4 #ecaj4 ,multimodal transportation demonstration program 7a7 ,in general ,subchapter #a of chapter #ee of title #di1 ,united ,states ,code is amended by adding at the end the following3 #eeaa4 ,multimodal transportation demonstration program 7a7 ,establishment ,the ,secretary of ,transportation may establish a pilot program for the demonstration of advanced transportation technologies for surface transportation modes in small- and mid-sized communities by providing grants to entities to achieve the purposes of the national transportation research and development program described in section #fejc4 7b7 ,eligible activities ,activities eligible for funding under this section include data interoperability1 mobility-on-demand1 and micro-mobility projects to demonstrate first-mile transportation1 last-mile transportation1 and any other activity as determined appropriate by the ,secretary4 7c7 ,joint interagency funding ,if determined appropriate by the ,secretary1 joint interagency funding for projects is authorized to support multimodal projects4 7d7 ,eligibility ,entities eligible to receive grants under this program include local transportation organizations and transit agencies serving a population of not more than #bjj1jjj individuals1 including communities of economic hardship and communities that experience transportation equity and accessibility issues4 7e7 ,application 7#a7 ,in general ,an entity seeking funding under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,collaboration ,each application submitted under this section shall describe how the applying entity will collaborate1 as appropriate1 with institutions of higher education1 ,state and local governments1 regional transportation organizations1 nonprofit organizations1 labor organizations1 and private sector entities4 7f7 ,authorization ,there is authorized to be appropriated to carry out activities under this section #cj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 4 7b7 ,conforming amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #eeaa4 ,multimodal transportation demonstration program4 4 #ecaa4 ,automated ,commercial ,vehicle ,reporting 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a repository for motor carriers1 shippers1 technology companies1 and other entities to submit information to the ,secretary on testing1 demonstrations1 or commercial operations of an automated commercial motor vehicle on public roads4 7b7 ,information required 7#a7 ,submissions ,prior to the performance of any tests1 demonstrations1 or commercial operations of automated commercial motor vehicles on public roads1 the ,secretary shall require an entity performing such tests1 demonstrations1 or commercial operations to provide the following information3 7,a7 ,the name of the entity responsible for the operation of the automated commercial motor vehicles to be used in the test1 demonstration1 or commercial operation4 7,b7 ,the make and model of such vehicle or vehicles4 7,c7 ,the level of automation of such vehicle or vehicles1 according to the standards described in subsection 7e77#a74 7,d7 ,the expected weight of such vehicle during the test1 demonstration1 or operation4 7,e7 ,the ,department of ,transportation number or operating authority assigned to the entity described in subparagraph 7,a71 if applicable4 7,f7 ,the location of the testing1 demonstration1 or commercial operation1 including the anticipated route of such vehicle1 planned stops1 and total anticipated miles traveled4 7,g7 ,any cargo or passengers to be transported in such vehicle or vehicles1 including whether the entity is transporting such cargo or passengers under contract with another entity4 7,h7 ,documentation of training or certifications provided to any drivers1 monitors1 or others involved in the operation or control of the vehicle4 7,i7 ,any fatigue management plans or work hour limitations applicable to drivers or monitors4 7,j7 ,notices provided to local law enforcement1 ,state departments of transportation1 and related entities1 if applicable4 7,k7 ,proof of insurance coverage4 7#b7 ,updates ,if an entity responsible for the operation of an automated commercial motor vehicle submits incomplete or inaccurate information pursuant to subsection 7d71 the entity shall be given an opportunity to amend or correct the submission within a reasonable timeframe4 7#c7 ,notification ,upon submission of the information under paragraph 7#a71 the ,secretary shall provide written notification acknowledging receipt of the information and acknowledging that the submitting entity will perform tests1 demonstrations1 or commercial operations on public roads1 as applicable4 7c7 ,public availability of information 7#a7 ,in general ,the ,secretary shall make available information on the prevalence of1 characteristics of1 and geographic location of testing1 demonstration1 and commercial operations of automated commercial motor vehicles on a publicly accessible website of the ,department of ,transportation4 7#b7 ,protection of information ,any data collected under subsection 7b7 and made publicly available pursuant to this subsection shall be made available in a manner that-- 7,a7 precludes the connection of the data to any individual motor carrier1 shipper1 company1 or other entity submitting data2 and 7,b7 protects the privacy and confidentiality of individuals1 operators1 and entities submitting the data4 7d7 ,crash ,data 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall require entities to submit information regarding safety incidents which occur during the testing1 demonstration1 or commercial operation of an automated commercial motor vehicle on public roads1 including-- 7,a7 injuries and fatalities involving the automated commercial motor vehicle2 7,b7 collisions or damage to persons or property as a result of an automated commercial motor vehicle test1 demonstration1 or commercial operation2 7,c7 any malfunction or issue with a safety critical element of an automated commercial motor vehicle which compromises the safety of the automated commercial motor vehicle or other road users2 and 7,d7 the mode of transportation used by any road users involved in a safety critical incident1 including general road users as defined under section #ecjd of this ,act4 7#b7 ,data availability ,the ,secretary shall ensure that any entity described under this section that has a ,department of ,transportation number or operating authority from the ,federal ,motor ,carrier ,safety ,administration-- 7,a7 shall be subject to safety monitoring and oversight under the ,compliance1 ,safety1 and ,accountability program of the ,federal ,motor ,carrier ,safety ,administration2 and 7,b7 shall be included when the ,secretary restores the public availability of relevant safety data under such program under section #dbjb7;b7 of this ,act4 7e7 ,definitions ,in this section3 7#a7 ,automated commercial motor vehicle ,the term automated commercial motor vehicle means a commercial motor vehicle as such term is defined in section #caaja of title #di1 ,united ,states ,code1 that is designed to be operated exclusively by a ,level #c1 ,level #d1 or ,level #e automated driving system for all trips according to the recommended practice standards published on ,june #ae1 #bjah1 by the ,society of ,automotive ,engineers ,international 7,j#cjafbjahjf7 or equivalent standards adopted by the ,secretary with respect to automated motor vehicles1 while operating on public roads4 7#b7 ,safety critical element ,the term safety critical element means both the hardware and software designed to prevent1 limit1 control1 mitigate1 or respond to a change in the vehicle's environment thereby allowing the vehicle to prevent1 avoid1 or minimize a potential collision or other safety incident on an automated commercial motor vehicle4 ,d ,surface ,transportation ,funding ,pilot ,programs #edja4 ,state surface transportation system funding pilots ,section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,eligibility 7#a7 ,application ,to be eligible for a grant under this section1 a ,state or group of ,states shall submit to the ,secretary an application in such form and containing such information as the ,secretary may require4 7#b7 ,eligible projects ,the ,secretary may provide grants to ,states or a group of ,states under this section for the following projects3 7,a7 ,state pilot projects 7i7 ,in general ,a pilot project to demonstrate a user-based alternative revenue mechanism in a ,state4 7ii7 ,limitation ,if an applicant has previously been awarded a grant under this section1 such applicant's proposed pilot project must be comprised of core activities or iterations not substantially similar in manner or scope to activities previously carried out by the applicant with a grant for a project under this section4 7,b7 ,state implementation projects ,a project-- 7i7 to implement a user-based alternative revenue mechanism that collects revenue to be expended on projects for the surface transportation system of the ,state2 or 7ii7 that demonstrates progress towards implementation of a user-based alternative revenue mechanism1 with consideration for previous grants awarded to the applicant under this section4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking #b or more future2 and 7,b7 by adding at the end the following3 7#f7 ,to test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism4 2 7#c7 in subsection 7d7 by striking to test the design1 acceptance1 and implementation of a user-based alternative revenue mechanism and inserting to test the design and acceptance of1 or implement1 a user-based alternative revenue mechanism2 7#d7 in subsection 7g7 by striking #ej percent and inserting #hj percent2 7#e7 in subsection 7i7-- 7,a7 in the heading by striking ,biennial and inserting ,annual2 7,b7 by striking #b years after the date of enactment of this ,act and inserting #a year after the date of enactment of the ,,invest in ,america ,act2 7,c7 by striking every #b years thereafter and inserting every year thereafter2 and 7,d7 by inserting and containing a determination of the characteristics of the most successful mechanisms with the highest potential for future widespread deployment before the period at the end2 and 7#f7 by striking subsections 7j7 and 7k7 and inserting the following3 7j7 ,funding ,of amounts made available to carry out this section-- 7#a7 for fiscal year #bjbb1 #ag1ejj1jjj shall be used to carry out projects under subsection 7b77#b77;,a7 and #ag1ejj1jjj shall be used to carry out projects under subsection 7b77#b77;,b72 7#b7 for fiscal year #bjbc1 #ae1jjj1jjj shall be used to carry out projects under subsection 7b77#b77;,a7 and #bj1jjj1jjj shall be used to carry out projects under subsection 7b77#b77;,b72 7#c7 for fiscal year #bjbd1 #ab1ejj1jjj shall be used to carry out projects under subsection 7b77#b77;,a7 and #bb1ejj1jjj shall be used to carry out projects under subsection 7b77#b77;,b72 and 7#d7 for fiscal year #bjbe1 #aj1jjj1jjj shall be used to carry out projects under subsection 7b77#b77;,a7 and #be1jjj1jjj shall be used to carry out projects under subsection 7b77#b77;,b74 7k7 ,funding flexibility ,funds made available in a fiscal year for making grants for projects under subsection 7b77#b7 that are not obligated in such fiscal year may be made available in the following fiscal year for projects under such subsection or for the national surface transportation system funding pilot under section #edjb of the ,,invest in ,america ,act4 4 #edjb4 ,national surface transportation system funding pilot 7a7 ,establishment 7#a7 ,in general ,the ,secretary of ,transportation1 in coordination with the ,secretary of the ,treasury1 shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee to restore and maintain the long-term solvency of the ,highway ,trust ,fund and achieve and maintain a state of good repair in the surface transportation system4 7#b7 ,objectives ,the objectives of the pilot program are to-- 7,a7 test the design1 acceptance1 implementation1 and financial sustainability of a national per-mile user fee2 7,b7 address the need for additional revenue for surface transportation infrastructure and a national per-mile user fee2 and 7,c7 provide recommendations regarding adoption and implementation of a national per-mile user fee4 7b7 ,parameters ,in carrying out the pilot program established under subsection 7a71 the ,secretary of ,transportation1 in coordination with the ,secretary of the ,treasury1 shall-- 7#a7 provide different methods that volunteer participants can choose from to track motor vehicle miles traveled2 7#b7 solicit volunteer participants from all #ej ,states and the ,district of ,columbia2 7#c7 ensure an equitable geographic distribution by population among volunteer participants2 7#d7 include commercial vehicles and passenger motor vehicles in the pilot program2 and 7#e7 use components of1 and information from1 the ,states selected for the ,state surface transportation system funding pilot program under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note74 7c7 ,methods 7#a7 ,tools ,in selecting the methods described in subsection 7b77#a71 the ,secretary of ,transportation shall coordinate with entities that voluntarily provide to the ,secretary for use in the program any of the following vehicle-miles-traveled collection tools3 7,a7 ,third-party on-board diagnostic 7,,obd-,,ii7 devices4 7,b7 ,smart phone applications4 7,c7 ,telemetric data collected by automakers4 7,d7 ,motor vehicle data obtained by car insurance companies4 7,e7 ,data from the ,states selected for the ,state surface transportation system funding pilot program under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note74 7,f7 ,motor vehicle data obtained from fueling stations4 7,g7 ,any other method that the ,secretary considers appropriate4 7#b7 ,coordination 7,a7 ,selection ,the ,secretary shall determine which methods under paragraph 7#a7 are selected for the pilot program4 7,b7 ,volunteer participants ,in a manner that the ,secretary considers appropriate1 the ,secretary shall provide each selected method to each volunteer participant4 7d7 ,per-,mile user fees ,for the purposes of the pilot program established in subsection 7a71 the ,secretary of the ,treasury shall establish on an annual basis-- 7#a7 for passenger vehicles and light trucks1 a per-mile user fee that is equivalent to-- 7,a7 the average annual taxes imposed by sections #djda and #djha of the ,internal ,revenue ,code of #aihf with respect to gasoline or any other fuel used in a motor vehicle 7other than aviation gasoline or diesel71 divided by 7,b7 the total vehicle miles traveled by passenger vehicles and light trucks2 and 7#b7 for medium- and heavy-duty trucks1 a per-mile user fee that is equivalent to-- 7,a7 the average annual taxes imposed by sections #djda and #djha of such ,code with respect to diesel fuel1 divided by 7,b7 the total vehicle miles traveled by medium- and heavy-duty trucks4 ,taxes shall only be taken into account under the preceding sentence to the extent taken into account in determining appropriations to the ,highway ,trust ,fund under section #iejc7;b7 of such ,code1 and the amount so determined shall be reduced to account for transfers from such fund under paragraphs 7#c71 7#d71 and 7#e7 of section #iejc7;c7 of such ,code4 7e7 ,volunteer participants ,the ,secretary of ,transportation1 in coordination with the ,secretary of the ,treasury1 shall-- 7#a7 ensure1 to the extent practicable1 that an appropriate number of volunteer participants participate in the pilot program2 and 7#b7 issue policies to-- 7,a7 protect the privacy of volunteer participants2 and 7,b7 secure the data provided by volunteer participants4 7f7 ,advisory board 7#a7 ,in general ,the ,secretary shall establish an advisory board to assist with-- 7,a7 advancing and implementing the pilot program under this section2 7,b7 carrying out the public awareness campaign under subsection 7g72 and 7,c7 developing the report under subsection 7m74 7#b7 ,members ,the advisory board shall1 at a minimum1 include the following entities1 to be appointed by the ,secretary-- 7,a7 ,state departments of transportation2 7,b7 any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note2 ,public ,law #aad-id7 7as in effect on the day before the date of enactment of this ,act72 7,c7 representatives of the trucking industry1 including owner-operator independent drivers2 7,d7 data security experts with expertise in personal privacy2 7,e7 academic experts on surface transportation2 7,f7 consumer advocates2 and 7,g7 advocacy groups focused on equity4 7g7 ,public awareness campaign 7#a7 ,in general ,the ,secretary of ,transportation1 with guidance from the advisory board under subsection 7f71 may carry out a public awareness campaign to increase public awareness regarding a national per-mile user fee1 including distributing information related to the pilot program carried out under this section1 information from the ,state surface transportation system funding pilot program under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note71 and information related to consumer privacy4 7#b7 ,considerations ,in carrying out the public awareness campaign under this subsection1 the ,secretary shall consider issues unique to each ,state4 7h7 ,revenue collection ,the ,secretary of the ,treasury1 in coordination with the ,secretary of ,transportation1 shall establish a mechanism to collect per-mile user fees established under subsection 7d7 from volunteer participants4 ,such mechanism-- 7#a7 may be adjusted as needed to address technical challenges2 and 7#b7 may allow third-party vendors to collect the per-mile user fees and forward such fees to the ,treasury4 7i7 ,agreement ,the ,secretary of ,transportation may enter into an agreement with a volunteer participant containing such terms and conditions as the ,secretary considers necessary for participation in the pilot program4 7j7 ,limitation ,any revenue collected through the mechanism established in subsection 7h7 shall not be considered a toll under section #cja of title #bc1 ,united ,states ,code4 7k7 ,highway ,trust ,fund ,the ,secretary of the ,treasury shall ensure that any revenue collected under subsection 7h7 is deposited into the ,highway ,trust ,fund4 7l7 ,refund ,not more than #de days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program1 the ,secretary of the ,treasury shall calculate and issue an equivalent refund to volunteer participants for applicable ,federal motor fuel taxes under section #djda and section #djha of the ,internal ,revenue ,code of #aihf1 the applicable battery tax under section #daaa of such ,code1 or both1 if applicable4 7m7 ,report to ,congress ,not later than #a year after the date on which volunteer participants begin participating in the pilot program1 and each year thereafter for the duration of the pilot program1 the ,secretary of ,transportation and the ,secretary of the ,treasury shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that includes an analysis of-- 7#a7 whether the objectives described in subsection 7a77#b7 were achieved2 7#b7 how volunteer protections in subsection 7e77#b7 were complied with2 7#c7 whether per-mile user fees can maintain the long-term solvency of the ,highway ,trust ,fund and achieve and maintain a state of good repair in the surface transportation system2 7#d7 how the personal privacy of volunteers was maintained2 and 7#e7 equity effects of the pilot program1 including the effects of the program on low-income commuters4 7n7 ,sunset ,the pilot program established under this section shall expire on the date that is #d years after the date on which volunteer participants begin participating in such program4 7o7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,commercial vehicle ,the term commercial vehicle has the meaning given the term commercial motor vehicle in section #caaja of title #di1 ,united ,states ,code4 7#b7 ,highway trust fund ,the term ,highway ,trust ,fund means the ,highway ,trust ,fund established under section #iejc of the ,internal ,revenue ,code of #aihf4 7#c7 ,light truck ,the term light truck has the meaning given the term in section #ebc4b of title #di1 ,code of ,federal ,regulations4 7#d7 ,medium- and heavy-duty truck ,the term medium- and heavy-duty truck has the meaning given the term commercial medium- and heavy-duty on-highway vehicle in section #cbija7;a7 of title #di1 ,united ,states ,code4 7#e7 ,per-mile user fee ,the term per-mile user fee means a revenue mechanism that-- 7,a7 is applied to road users operating motor vehicles on the surface transportation system2 and 7,b7 is based on the number of vehicle miles traveled by an individual road user4 7#f7 ,volunteer participant ,the term volunteer participant means-- 7,a7 an owner or lessee of an individual private motor vehicle who volunteers to participate in the pilot program2 7,b7 a commercial vehicle operator who volunteers to participate in the pilot program2 or 7,c7 an owner of a motor vehicle fleet who volunteers to participate in the pilot program4 ,e ,miscellaneous #eeja4 ,ergonomic seating working group 7a7 ,in general 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall convene a working group to examine the seating standards for commercial drivers4 7#b7 ,members ,at a minimum1 the working group shall include-- 7,a7 seat manufacturers2 7,b7 commercial vehicle manufacturers2 7,c7 transit vehicle manufacturers2 7,d7 labor representatives for the trucking industry2 7,e7 representatives from organizations engaged in collective bargaining on behalf of transit workers in not fewer than three ,states2 and 7,f7 musculoskeletal health experts4 7b7 ,objectives ,the ,secretary shall pursue the following objectives through the working group3 7#a7 ,to identify health issues1 including musculoskeletal health issues1 that afflict commercial drivers due to sitting for long periods of time while on duty4 7#b7 ,to identify the impact that commercial vehicle sizing1 design1 and safety measures have on women in comparison to men1 and to identify designs that may improve the health and safety of women drivers4 7#c7 ,to identify research topics for further development and best practices to improve seating4 7#d7 ,to determine ways to incorporate improved seating into manufacturing standards for public transit vehicles and commercial vehicles4 7c7 ,report 7#a7 ,submission ,not later than #ah months after the date of enactment of this ,act1 the working group shall submit to the ,secretary1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings of the working group under this section and any recommendations for the adoption of better ergonomic seating for commercial drivers4 7#b7 ,publication ,upon receipt of the report in paragraph 7#a71 the ,secretary shall publish the report on a publicly accessible website of the ,department4 7d7 ,applicability of ,federal ,advisory ,committee ,act ,the ,advisory ,committee shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #eejb4 ,repeal of section #fcad of title #di1 ,united ,states ,code 7a7 ,in general ,section #fcad of title #di1 ,united ,states ,code1 is repealed4 7b7 ,conforming amendments 7#a7 ,title analysis ,the analysis for chapter #fc of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #fcad4 7#b7 ,section #fcjg ,section #fcjg7;b7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by striking or section #fcad7;b72 7ii7 in subparagraph 7,b7 by striking or section #fcad7;b72 and 7iii7 in subparagraph 7,c7 by striking or section #fcad7;b72 and 7,b7 in paragraph 7#b77;,a7 by striking or section #fcad7;b74 #eejc4 ,transportation workforce outreach program 7a7 ,in general ,subchapter ,i of chapter #ee of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #eejh4 ,transportation workforce outreach program 7a7 ,in general ,the ,secretary shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years #bjbb through #bjbf4 7b7 ,purpose ,the purpose of each campaign carried out under the program shall be to achieve the following objectives3 7#a7 ,increase awareness of career opportunities in the transportation sector1 including aviation pilots1 safety inspectors1 mechanics and technicians1 maritime transportation workers1 air traffic controllers1 flight attendants1 truck drivers1 engineers1 transit workers1 railroad workers1 and other transportation professionals4 7#b7 ,increase diversity1 including race1 gender1 ethnicity1 and socioeconomic status1 of professionals in the transportation sector4 7c7 ,advertising ,the ,secretary may use1 or authorize the use of1 funds available to carry out the program for the development1 production1 and use of broadcast1 digital1 and print media advertising and outreach in carrying out campaigns under this section4 7d7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated #e1jjj1jjj for each fiscal years #bjbb through #bjbf4 4 7b7 ,clerical amendment ,the table of sections for chapter #ee of subchapter ,i of title #di1 ,united ,states ,code1 is further amended by inserting after the item relating to section #eejg1 as added by this ,act1 the following3 #eejh4 ,transportation workforce outreach program4 4 #eejd4 ,advisory council on transportation statistics ,section #fcje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking ,the ,director and all that follows to the period and inserting ,notwithstanding section #dah of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed71 not later than #f months after the date of enactment of the ,,invest in ,america ,act1 the ,director shall establish and consult with an advisory council on transportation statistics42 and 7#b7 by striking subsection 7d77#c74 #eeje4 ,,gao ,review of ,discretionary ,grant ,programs 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,appropriations and ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committees on ,environment and ,public ,works2 ,appropriations2 ,banking1 ,housing1 and ,urban ,affairs2 and ,commerce1 ,science1 and ,transportation of the ,senate a review of the extent to which the ,secretary is considering the needs of and awarding funding through covered discretionary grant programs to projects that serve-- 7#a7 low-income communities2 7#b7 minority communities2 and 7#c7 populations that are underserved or have limited transportation choices1 including women4 7b7 ,recommendations ,the ,comptroller ,general shall include as part of the review under subsection 7a7 recommendations to the ,secretary on possible means to improve consideration of projects that serve the unique needs of communities described in subsection 7a77#a74 7c7 ,definition of covered discretionary grant program ,for purposes of this section1 the term covered discretionary grant programs means the ,projects of ,national and ,regional ,significance program under section #aag of title #bc1 the ,community ,transportation ,investment ,grant program under section #agc of such title1 the ,community ,climate ,innovation ,grant program under section #agb of such title1 and the grants for fueling and charging infrastructure under section #aea of such title4 #eejf4 ,universal electronic identifier ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue a final motor vehicle safety standard that requires a commercial motor vehicle manufactured after the effective date of such standard to be equipped with a universal electronic vehicle identifier that-- 7#a7 identifies the vehicle to roadside inspectors for enforcement purposes2 7#b7 does not transmit personally identifiable information regarding operators2 and 7#c7 does not create an undue cost burden for operators and carriers4 ,,vi ,multimodal ,transportation #fjja4 ,national multimodal freight policy ,section #gjaja7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7 by inserting in rural and urban areas after freight transportation2 7#b7 in paragraph 7#g7-- 7,a7 in subparagraph 7,b7 by striking 2 and and inserting a semicolon2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 travel within population centers2 and 2 7#c7 in paragraph 7#i7 by striking 2 and and inserting the following3 including-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution2 7,c7 minimizing1 capturing1 or treating stormwater runoff or other adverse impacts to water quality2 and 7,d7 wildlife habitat loss2 2 7#d7 by redesignating paragraph 7#aj7 as paragraph 7#aa72 and 7#e7 by inserting after paragraph 7#i7 the following3 7#aj7 to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors2 and 4 #fjjb4 ,national freight strategic plan ,section #gjajb7;c7 of title #di1 ,united ,states ,code1 is amended by striking shall and all that follows through the end and inserting the following3 shall-- 7#a7 update the plan and publish the updated plan on the public website of the ,department of ,transportation2 and 7#b7 include in the update described in paragraph 7#a7-- 7,a7 each item described in subsection 7b72 and 7,b7 best practices to reduce the adverse environmental impacts of freight-related-- 7i7 greenhouse gas emissions2 7ii7 local air pollution2 7iii7 stormwater runoff or other adverse impacts to water quality2 and 7iv7 wildlife habitat loss4 4 #fjjc4 ,national multimodal freight network ,section #gjajc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,c7 by striking of the ,united ,states that have and inserting the following3 of the ,united ,states that-- 7i7 have a total annual value of cargo of at least #a1jjj1jjj1jjj1 as identified by ,united ,states ,customs and ,border ,protection and reported by the ,bureau of the ,census2 or 7ii7 have 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking ,not later than #a year after the date of enactment of this section1 and inserting the following3 7,a7 ,report to ,congress ,not later than #cj days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report detailing a plan to designate a final ,national ,multimodal ,freight ,network1 including a detailed summary of the resources within the ,office of the ,secretary that will be dedicated to carrying out such plan4 7,b7 ,designation of ,national ,multimodal ,freight ,network ,not later than #fj days after the submission of the report described in subparagraph 7,a71 2 7,b7 in paragraph 7#c77;,c7-- 7i7 by inserting and metropolitan planning organizations after ,states2 and 7ii7 by striking paragraph 7#d7 and inserting paragraphs 7#d7 and 7#e72 7,c7 in paragraph 7#d7-- 7i7 in the header by inserting and metropolitan planning organization after ,state2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7iii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,critical urban freight facilities and corridors 7i7 ,area with a population of over #ejj1jjj ,in an urbanized area with a population of #ejj1jjj or more individuals1 the representative metropolitan planning organization1 in consultation with the ,state1 may designate a freight facility or corridor within the borders of the ,state as a critical urban freight facility or corridor4 7ii7 ,area with a population of less than #ejj1jjj ,in an urbanized area with a population of less than #ejj1jjj individuals1 the ,state1 in consultation with the representative metropolitan planning organization1 may designate a freight facility or corridor within the borders of the ,state as a critical urban freight corridor4 7iii7 ,designation ,a designation may be made under subparagraph 7i7 or 7ii7 if the facility or corridor is in an urbanized area1 regardless of population1 and such facility or corridor-- 7,i7 provides access to the primary highway freight system1 the ,interstate system1 or an intermodal freight facility2 7,,ii7 is located within a corridor of a route on the primary highway freight system and provides an alternative option important to goods movement2 7,,iii7 serves a major freight generator1 logistics center1 or manufacturing and warehouse industrial land2 7,,iv7 connects to an international port of entry2 7,v7 provides access to a significant air1 rail1 water1 or other freight facility in the ,state2 or 7,,vi7 is important to the movement of freight within the region1 as determined by the metropolitan planning organization or the ,state4 7,d7 ,limitation ,a ,state may propose additional designations to the ,national ,multimodal ,freight ,network in the ,state in an amount that is-- 7i7 for a highway project1 not more than #bj percent of the total mileage designated by the ,under ,secretary in the ,state2 and 7ii7 for a non-highway project1 using a limitation determined by the ,under ,secretary4 2 and 7,d7 by adding at the end the following3 7#e7 ,required network components ,in designating or redesignating the ,national ,multimodal ,freight ,network1 the ,under ,secretary shall ensure that the ,national ,multimodal ,freight ,network includes the components described in subsection 7b77#b74 4 #fjjd4 ,state freight advisory committees ,section #gjbja7;a7 of title #di1 ,united ,states ,code1 is amended by striking and local governments and inserting local governments1 metropolitan planning organizations1 and the departments with responsibility for environmental protection and air quality of the ,state4 #fjje4 ,state freight plans ,section #gjbjb7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,a7 by inserting and urban after rural2 7#b7 in paragraph 7#i7 by striking 2 and and inserting a semicolon2 7#c7 by redesignating paragraph 7#aj7 as paragraph 7#ab72 and 7#d7 by inserting after paragraph 7#i7 the following3 7#aj7 strategies and goals to decrease freight-related-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution2 7,c7 stormwater runoff or other adverse impacts to water quality2 and 7,d7 wildlife habitat loss2 7#aa7 strategies and goals to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors2 and 4 #fjjf4 ,study of freight transportation fee 7a7 ,study ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary of the ,treasury and the ,commissioner of the ,internal ,revenue ,service1 shall establish a joint task force to study the establishment and administration of a fee on multimodal freight surface transportation services4 7b7 ,contents ,the study required under subsection 7a7 shall include the following3 7#a7 ,an estimation of the revenue that a fee of up to #a percent on freight transportation services would raise4 7#b7 ,an identification of the entities that would be subject to such a fee paid by the owners or suppliers of cargo4 7#c7 ,an analysis of the administrative capacity of ,federal agencies and freight industry participants to collect such a fee and ensure compliance with fee requirements4 7#d7 ,policy options to prevent avoidance of such a fee1 including diversion of freight services to foreign countries4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,environment and ,public ,works and the ,committee on ,finance of the ,senate the study required under subsection 7a74 #fjjg4 ,national ,surface ,transportation and ,innovative ,finance ,bureau ,section #aaf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by striking paragraph 7#a7 and inserting the following3 7#a7 to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection 7d77#a71 including by-- 7,a7 conducting proactive outreach to communities located outside of metropolitan or micropolitan statistical areas 7as such areas are defined by the ,office of ,management and ,budget7 using data from the most recent decennial ,census2 and 7,b7 coordinating with the ,office of ,rural ,development of the ,department of ,agriculture1 the ,office of ,community ,revitalization of the ,environmental ,protection ,agency1 and any other agencies that provide technical assistance for rural communities1 as determined by the ,executive ,director2 2 7#b7 by redesignating subsection 7j7 as subsection 7k72 and 7#c7 by inserting after subsection 7i7 the following3 7j7 ,annual progress report ,not later than #a year after the date of enactment of this subsection1 and annually thereafter1 the ,executive ,director shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report detailing-- 7#a7 the use of funds authorized under section #fje7;f7 of title #bc2 and 7#b7 the progress of the ,bureau in carrying out the purposes described in subsection 7b74 4 #fjjh4 ,local hire 7a7 ,establishment ,the ,secretary of ,transportation shall immediately reinstate the local labor hiring pilot program containing the contracting initiative established by the ,secretary and published in the ,federal ,register on ,march #f1 #bjae 7#hj ,fed4 ,reg4 #abbeg71 under the same terms1 conditions1 and requirements as so published4 7b7 ,duration ,the ,secretary shall continue the local labor hiring pilot program reinstated under this section through ,september #cj1 #bjbe4 #fjji4 ,,fte cap ,the ,secretary of ,transportation may not employ more than #ae full-time equivalent positions in any fiscal year in the ,immediate ,office of the ,secretary4 #fjaj4 ,identification of ,,covid-#ai testing needs of critical infrastructure employees 7a7 ,in general ,the ,secretary of ,transportation shall-- 7#a7 adopt1 for use by the ,department of ,transportation in carrying out response efforts relating to1 and operations during1 the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic1 the categorization of essential critical infrastructure workers identified in the ,guidance on the ,essential ,critical ,infrastructure ,workforce published by the ,department of ,homeland ,security on ,march #bh1 #bjbj 7or a subsequent version of such guidance72 and 7#b7 coordinate with the ,director of the ,centers for ,disease ,control and ,prevention and the ,administrator of the ,federal ,emergency ,management ,agency to support efforts of ,state and local governments to provide for-- 7,a7 priority testing of essential critical infrastructure workers 7as such term is used in paragraph 7#a77 with respect to ,,covid-#ai2 and 7,b7 priority access to personal protective equipment1 sanitizers1 nonmedical-grade facial coverings1 and other health-related or protective supplies necessary to safely perform essential critical infrastructure work4 7b7 ,application ,nothing in this section requires the provision of priority testing or priority access to personal protective equipment for essential critical infrastructure workers 7as such term is used in subsection 7a77#a77 to be prioritized over the provision of that testing or access to personal protective equipment for other individuals who are identified by the ,centers for ,disease ,control and ,prevention or any other relevant ,federal1 ,state1 or local agency as having a higher priority for that testing or access to personal protective equipment1 including-- 7#a7 patients2 7#b7 healthcare workers2 and 7#c7 first responders4 #fjaa4 ,rail covering ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,federal ,railroad ,administration shall issue such regulations as are necessary to require municipal waste transported by rail to be completely covered while in transit1 including while being held1 delayed1 or transferred4 ,,vii ,transportation ,infrastructure ,finance and ,innovation ,act #gjja4 ,transportation ,infrastructure ,finance and ,innovation ,act 7a7 ,creditworthiness ,section #fjb7;a77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77iv7-- 7,a7 by striking a rating and inserting an investment grade rating2 and 7,b7 by striking #ge1jjj1jjj and inserting #aej1jjj1jjj2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking the senior debt and inserting senior debt2 and 7,b7 by striking credit instrument is for an amount less than #ge1jjj1jjj and inserting total amount of other senior debt and the ,federal credit instrument is less than #aej1jjj1jjj4 7b7 ,non-,federal share ,section #fjc7;b7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#h7 and inserting the following3 7#h7 ,non-,federal share ,notwithstanding paragraph 7#i7 and section #aag7;j77#b71 the proceeds of a secured loan under the ,,tifia program shall be considered to be part of the non-,federal share of project costs required under this title or chapter #ec of title #di1 if the loan is repayable from non-,federal funds4 4 7c7 ,exemption of funds from ,,tifia ,federal share requirement ,section #fjc7;b77#i7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,territories ,funds provided for a territory under section #afe7;c7 shall not be considered ,federal assistance for purposes of subparagraph 7,a74 4 7d7 ,streamlined application process ,section #fjc7;f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,additional terms for expedited decisions 7,a7 ,in general ,not later than #abj days after the date of enactment of this paragraph1 the ,secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet-- 7i7 the terms under paragraph 7#b72 and 7ii7 the additional criteria described in subparagraph 7,b74 7,b7 ,additional criteria ,the additional criteria referred to in subparagraph 7,a77ii7 are the following3 7i7 ,the secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the ,national ,surface ,transportation ,innovative ,finance ,bureau4 7ii7 ,the secured loan is rated in the ,a category or higher4 7iii7 ,the ,,tifia program share of eligible project costs is #cc percent or less4 7iv7 ,the applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than #ij days after the date on which a ,federal credit instrument is obligated for the project under the ,,tifia program4 7v7 ,the project has received a categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,written notice ,the ,secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the ,secretary has approved or disapproved the application by not later than #ahj days after the date on which the ,secretary submits to the applicant a letter indicating that the ,national ,surface ,transportation ,innovative ,finance ,bureau has commenced the creditworthiness review of the project4 4 7e7 ,assistance to small projects ,section #fje7;f77#a7 of title #bc1 ,united ,states ,code1 is amended by striking #b1jjj1jjj and inserting #c1jjj1jjj4 7f7 ,application process report ,section #fji7;b77#b77;,a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in clause 7iv7 by striking and2 7#b7 in clause 7v7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7vi7 whether the project is located in a metropolitan statistical area1 micropolitan statistical area1 or neither 7as such areas are defined by the ,office of ,management and ,budget74 4 7g7 ,status reports ,section #fji of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,status reports 7#a7 ,in general ,the ,secretary shall publish on the website for the ,,tifia program-- 7,a7 on a monthly basis1 a current status report on all submitted letters of interest and applications received for assistance under the ,,tifia program2 and 7,b7 on a quarterly basis1 a current status report on all approved applications for assistance under the ,,tifia program4 7#b7 ,inclusions ,each monthly and quarterly status report under paragraph 7#a7 shall include1 at a minimum1 with respect to each project included in the status report-- 7,a7 the name of the party submitting the letter of interest or application2 7,b7 the name of the project2 7,c7 the date on which the letter of interest or application was received2 7,d7 the estimated project eligible costs2 7,e7 the type of credit assistance sought2 and 7,f7 the anticipated fiscal year and quarter for closing of the credit assistance4 4 ,c ,hazardous ,materials ,transportation #hjja4 ,short title ,this division may be cited as the ,improving ,hazardous ,materials ,safety ,act of #bjbj4 ,i ,authorizations #haja4 ,authorization of appropriations ,section #eabh of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 #fg1jjj1jjj for fiscal year #bjba2 7#b7 #fh1jjj1jjj for fiscal year #bjbb2 7#c7 #fi1jjj1jjj for fiscal year #bjbc2 7#d7 #ga1jjj1jjj for fiscal year #bjbd2 and 7#e7 #gb1jjj1jjj for fiscal year #bjbe2 2 7#b7 in subsection 7b7-- 7,a7 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 and 7,b7 by striking #ba1ihh1jjj and inserting #bd1jbe1jjj2 7#c7 in subsection 7c7 by striking #d1jjj1jjj for each of fiscal years #bjaf through #bjbj and inserting #e1jjj1jjj for each of fiscal years #bjba through #bjbe2 7#d7 in subsection 7d7 by striking #a1jjj1jjj for each of fiscal years #bjaf through #bjbj and inserting #d1jjj1jjj for each of fiscal years #bjba through #bjbe2 7#e7 by redesignating subsection 7e7 as subsection 7f72 and 7#f7 by inserting after subsection 7d7 the following3 7e7 ,assistance with local emergency responder training grants ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;h71 the ,secretary may expend #a1hjj1jjj for each of fiscal years #bjba through #bjbe to carry out the grant program under section #eajg7;j74 4 ,,ii ,hazardous ,materials ,safety and ,improvement #hbja4 ,repeal of certain requirements related to lithium cells and batteries 7a7 ,repeal ,section #hbh of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #ddgja note71 and the item relating to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7b7 ,conforming amendments ,section #ccc of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddgja note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7,a7 ,in general4-- and all that follows through the ,secretary and inserting ,the ,secretary2 and 7ii7 by striking subparagraph 7,b72 and 7,b7 in paragraph 7#b7 by striking ,pursuant to section #hbh of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #ddgja note71 the ,secretary and inserting ,the ,secretary2 7#b7 by striking paragraph 7#d7 of subsection 7b72 and 7#c7 by striking paragraph 7#a7 of subsection 7h7 and inserting the following3 7#a7 ,,icao ,technical ,instructions ,the term ,,icao ,technical ,instructions means the ,international ,civil ,aviation ,organization ,technical ,instructions for the ,safe ,transport of ,dangerous ,goods by ,air4 4 #hbjb4 ,transportation of liquefied natural gas by rail tank car 7a7 ,evaluation ,not later than #abj days after the date of enactment of this ,act1 the ,administrator of the ,federal ,railroad ,administration1 in coordination with the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration1 shall initiate an evaluation of the safety1 security1 and environmental risks of transporting liquefied natural gas by rail4 7b7 ,testing ,in conducting the evaluation under subsection 7a71 the ,administrator of the ,federal ,railroad ,administration shall-- 7#a7 perform physical testing of rail tank cars1 including1 at a minimum1 the ,,dot-#aac specification1 to evaluate the performance of such rail tank cars in the event of an accident or derailment1 including evaluation of the extent to which design and construction features such as steel thickness and valve protections prevent or mitigate the release of liquefied natural gas2 7#b7 analyze multiple release scenarios1 including derailments1 front-end collisions1 rear-end collisions1 side-impact collisions1 grade-crossing collisions1 punctures1 and impact of an incendiary device1 at a minimum of three speeds of travel with a sufficient range of speeds to evaluate the safety1 security1 and environmental risks posed under real-world operating conditions2 and 7#c7 examine the effects of exposure to climate conditions across rail networks1 including temperature1 humidity1 and any other factors that the ,administrator of the ,federal ,railroad ,administration determines could influence performance of rail tank cars and components of such rail tank cars4 7c7 ,other factors ,to consider ,in conducting the evaluation under subsection 7a71 the ,administrator of the ,federal ,railroad ,administration shall evaluate the impact of a discharge of liquefied natural gas from a rail tank car on public safety and the environment1 and consider-- 7#a7 the benefits of route restrictions1 speed restrictions1 enhanced brake requirements1 personnel requirements1 rail tank car technological requirements1 and other operating controls2 7#b7 the advisability of consist restrictions1 including limitations on the arrangement and quantity of rail tank cars carrying liquefied natural gas in any given consist2 7#c7 the identification of potential impact areas1 and the number of homes and structures potentially endangered by a discharge in rural1 suburban1 and urban environments2 7#d7 the impact of discharge on the environment1 including air quality impacts2 7#e7 the benefits of advanced notification to the ,department of ,transportation1 ,state ,emergency ,response ,commissions1 and ,tribal ,emergency ,response ,commissions of routes for moving liquefied natural gas by rail tank car2 7#f7 how first responders respond to an incident1 including the extent to which specialized equipment or training would be required and the cost to communities for acquiring any necessary equipment or training2 7#g7 whether thermal radiation could occur from a discharge2 7#h7 an evaluation of the rail tank car authorized by the ,secretary of ,transportation for liquefied natural gas or similar cryogenic liquids1 and a determination of whether specific safety enhancements or new standards are necessary to ensure the safety of rail transport of liquefied natural gas2 and 7#i7 the risks posed by the transportation of liquefied natural gas by ,international ,organization for ,standardization containers authorized by the ,federal ,railroad ,administration4 7d7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make available to the public-- 7#a7 a report based on the evaluation and testing conducted under subsections 7a7 and 7b71 which shall include the results of the evaluation and testing and recommendations for mitigating or eliminating the safety1 security1 environmental1 and other risks of an accident or incident involving the transportation of liquefied natural gas by rail2 and 7#b7 a complete list of all research related to the transportation of liquefied natural gas by rail conducted by the ,federal ,railroad ,administration1 the ,pipeline and ,hazardous ,materials ,safety ,administration1 or any other entity of the ,federal ,government since #bjaj that includes1 for each research item-- 7,a7 the title of any reports or studies produced with respect to the research2 7,b7 the agency1 entity1 or organization performing the research2 7,c7 the names of all authors and co-authors of any report or study produced with respect to the research2 and 7,d7 the date any related report was published or is expected to publish4 7e7 ,data collection ,the ,administrator of the ,federal ,railroad ,administration and the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall collect any relevant data or records necessary to complete the evaluation required by subsection 7a74 7f7 ,,gao report ,after the evaluation required by subsection 7a7 has been completed1 the ,comptroller ,general of the ,united ,states shall conduct an independent evaluation to verify that the ,federal ,railroad ,administration and the ,pipeline and ,hazardous ,materials ,safety ,administration complied with the requirements of this ,act1 and transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings of such independent evaluation4 7g7 ,rulemakings 7#a7 ,in general ,any regulation authorizing the transportation of liquefied natural gas by rail tank car issued before the date of enactment of this ,act shall be stayed until the ,secretary conducts the evaluation1 testing1 and analysis required in subsections 7a71 7b71 and 7c71 issues the report required by subsection 7d71 and the ,comptroller ,general completes the evaluation and report required under subsection 7f74 7#b7 ,permit or approval ,the ,secretary of ,transportation shall rescind any special permit or approval for the transportation of liquefied natural gas by rail tank car issued before the date of enactment of this ,act4 #hbjc4 ,hazardous materials training requirements and grants ,section #eajg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,assistance with local emergency responder training ,the ,secretary shall make grants to nonprofit organizations to develop hazardous materials response training for emergency responders and make such training available electronically or in person4 4 #hbjd4 ,pipeline and ,hazardous ,materials ,safety ,administration reporting transparency requirements ,the ,secretary of ,transportation shall ensure that the ,pipeline and ,hazardous ,materials ,safety ,administration shares with all relevant stakeholders1 including ,state and local governments1 all materials and information received1 reviewed1 or produced related to pipeline leaks1 damage1 or disruption1 as soon as possible4 ,d ,rail #ijja4 ,short title ,this division may be cited as the ,transforming ,rail by ,accelerating ,investment ,nationwide ,act or the ,,train ,act4 ,i ,authorizations #iaja4 ,authorization of appropriations 7a7 ,authorization of grants to ,amtrak 7#a7 ,northeast ,corridor ,there are authorized to be appropriated to the ,secretary for the use of ,amtrak for activities associated with the ,northeast ,corridor the following amounts3 7,a7 ,for fiscal year #bjba1 #b1ijj1jjj1jjj4 7,b7 ,for fiscal year #bjbb1 #b1gjj1jjj1jjj4 7,c7 ,for fiscal year #bjbc1 #b1ejj1jjj1jjj4 7,d7 ,for fiscal year #bjbd1 #b1ejj1jjj1jjj4 7,e7 ,for fiscal year #bjbe1 #b1ejj1jjj1jjj4 7#b7 ,national ,network ,there are authorized to be appropriated to the ,secretary for the use of ,amtrak for activities associated with the ,national ,network the following amounts3 7,a7 ,for fiscal year #bjba1 #c1dej1jjj1jjj4 7,b7 ,for fiscal year #bjbb1 #c1bej1jjj1jjj4 7,c7 ,for fiscal year #bjbc1 #c1jej1jjj1jjj4 7,d7 ,for fiscal year #bjbd1 #b1hej1jjj1jjj4 7,e7 ,for fiscal year #bjbe1 #b1hej1jjj1jjj4 7b7 ,project management oversight ,the ,secretary may withhold up to #ae1jjj1jjj for each of fiscal years #bjba through #bjbe from the amounts made available under subsection 7a7 for ,amtrak grant expenditure oversight4 7c7 ,amtrak common benefit costs for ,state-,supported routes ,for any fiscal year in which funds are made available under subsection 7a77#b7 in excess of the amounts authorized for fiscal year #bjbj under section #aaaja7;b7 of the ,,fast ,act 7,public ,law #aad-id71 ,amtrak shall use up to #bej1jjj1jjj of the excess funds to defray the share of operating costs of ,amtrak's national assets 7as such term is defined in section #bdcbj7;c77#e7 of title #di1 ,united ,states ,code7 and corporate services 7as such term is defined pursuant to section #bdcag7;b7 of title #di1 ,united ,states ,code7 that is allocated to the ,state-supported services4 7d7 ,state-,supported ,route ,committee ,of the funds made available under subsection 7a77#b71 the ,secretary may make available up to #c1jjj1jjj for each fiscal year for the ,state-,supported ,route ,committee established under section #bdgab of title #di1 ,united ,states ,code4 7e7 ,northeast ,corridor ,commission ,of the funds made available under subsection 7a77#a71 the ,secretary may make available up to #f1jjj1jjj for each fiscal year for the ,northeast ,corridor ,commission established under section #bdije of title #di1 ,united ,states ,code4 7f7 ,authorization of appropriations for ,amtrak ,office of ,inspector ,general ,there are authorized to be appropriated to the ,office of ,inspector ,general of ,amtrak the following amounts3 7#a7 ,for fiscal year #bjba1 #bf1ejj1jjj4 7#b7 ,for fiscal year #bjbb1 #bg1jjj1jjj4 7#c7 ,for fiscal year #bjbc1 #bg1ejj1jjj4 7#d7 ,for fiscal year #bjbd1 #bh1jjj1jjj4 7#e7 ,for fiscal year #bjbe1 #bh1ejj1jjj4 7g7 ,passenger rail improvement1 modernization1 and enhancement grants ,there are authorized to be appropriated to the ,secretary to carry out section #bbijf of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjba1 #c1hjj1jjj1jjj4 7#b7 ,for fiscal year #bjbb1 #c1hjj1jjj1jjj4 7#c7 ,for fiscal year #bjbc1 #c1hjj1jjj1jjj4 7#d7 ,for fiscal year #bjbd1 #c1hjj1jjj1jjj4 7#e7 ,for fiscal year #bjbe1 #c1hjj1jjj1jjj4 7h7 ,consolidated rail infrastructure and safety improvements 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out section #bbijg of title #di1 ,united ,states ,code1 the following amounts3 7,a7 ,for fiscal year #bjba1 #a1djj1jjj1jjj4 7,b7 ,for fiscal year #bjbb1 #a1djj1jjj1jjj4 7,c7 ,for fiscal year #bjbc1 #a1djj1jjj1jjj4 7,d7 ,for fiscal year #bjbd1 #a1djj1jjj1jjj4 7,e7 ,for fiscal year #bjbe1 #a1djj1jjj1jjj4 7#b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under paragraph 7#a7 for the costs of project management oversight of grants carried out under section #bbijg of title #di1 ,united ,states ,code4 7i7 ,railroad rehabilitation and improvement financing 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary for payment of credit risk premiums in accordance with section #iajd of this division and section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7 #ahj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 7#b7 ,refund of premium ,there are authorized to be appropriated to the ,secretary #gj1jjj1jjj to repay the credit risk premium under section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7 in accordance with section #iajd4 7j7 ,restoration and enhancement grants 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out section #bbijh of title #di1 ,united ,states ,code1 #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under paragraph 7#a7 for the costs of project management oversight of grants carried out under section #bbijh of title #di1 ,united ,states ,code4 7k7 ,grade crossing separation grants 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out section #bjaga of title #di1 ,united ,states ,code1 7as added by section #ieea of this ,act7 the following amounts3 7,a7 ,for fiscal year #bjba1 #dej1jjj1jjj4 7,b7 ,for fiscal year #bjbb1 #dge1jjj1jjj4 7,c7 ,for fiscal year #bjbc1 #ejj1jjj1jjj4 7,d7 ,for fiscal year #bjbd1 #ebe1jjj1jjj4 7,e7 ,for fiscal year #bjbe1 #eej1jjj1jjj4 7#b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under paragraph 7#a7 for the costs of project management oversight of grants carried out under section #bjaga of title #di1 ,united ,states ,code4 7l7 ,rail safety public awareness grants ,of the amounts made available under subsection 7k71 the ,secretary shall make available #e1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out section #bjagb of title #di1 ,united ,states ,code1 7as added by section #ieeb of this ,act74 7m7 ,authorization of appropriations to the ,federal ,railroad ,administration ,section #bjaag of title #di1 ,united ,states ,code1 is amended to read as follows3 #bjaag4 ,authorization of appropriations 7a7 ,safety and operations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary of ,transportation for the operations of the ,federal ,railroad ,administration and to carry out railroad safety activities authorized or delegated to the ,administrator-- 7,a7 #bbi1jjj1jjj for fiscal year #bjba2 7,b7 #bca1jjj1jjj for fiscal year #bjbb2 7,c7 #bcc1jjj1jjj for fiscal year #bjbc2 7,d7 #bce1jjj1jjj for fiscal year #bjbd2 and 7,e7 #bcg1jjj1jjj for fiscal year #bjbe4 7#b7 ,automated ,track ,inspection ,program and data analysis ,from the funds made available under paragraph 7#a7 for each of fiscal years #bjba through #bjbe1 not more than #ag1jjj1jjj may be expended for the ,automated ,track ,inspection ,program and data analysis related to track inspection4 ,such funds shall remain available until expended4 7#c7 ,state participation grants ,amounts made available under paragraph 7#a7 for grants under section #bjaje7;e7 shall remain available until expended4 7b7 ,railroad research and development 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,transportation for necessary expenses for carrying out railroad research and development activities the following amounts which shall remain available until expended3 7,a7 #db1jjj1jjj for fiscal year #bjba4 7,b7 #dd1jjj1jjj for fiscal year #bjbb4 7,c7 #df1jjj1jjj for fiscal year #bjbc4 7,d7 #dh1jjj1jjj for fiscal year #bjbd4 7,e7 #ej1jjj1jjj for fiscal year #bjbe4 7#b7 ,study on ,,lng by rail ,from the amounts made available for fiscal years #bjba through #bjbe under paragraph 7#a71 the ,secretary shall expend not less than #f1jjj1jjj and not more than #h1jjj1jjj to carry out the evaluation of transporting liquefied natural gas by rail under section #hbjb of the ,,train ,act4 7#c7 ,study on safety culture assessments ,from the amounts made available for fiscal year #bjba under paragraph 7#a71 the ,secretary shall expend such sums as are necessary to carry out the study on safety culture assessments under section #ieag of the ,,train ,act4 7#d7 ,short line safety ,from funds made available under paragraph 7#a7 for each of fiscal years #bjba through #bjbe1 the ,secretary may expend not more than #d1jjj1jjj-- 7,a7 for grants to improve safety practices and training for ,class ,,ii and ,class ,,iii freight railroads2 and 7,b7 to develop safety management systems for ,class ,,ii and ,class ,,iii freight railroads through safety culture assessments1 training and education1 outreach activities1 and technical assistance4 4 7n7 ,fatigue reduction pilot projects ,there are authorized to be appropriated to the ,secretary for costs associated with carrying out section #baaji7;e7 of title #di1 ,united ,states ,code1 #bjj1jjj to remain available until expended4 7o7 ,limitation on financial assistance for ,state-,owned enterprises 7#a7 ,in general ,funds provided under this section and the amendments made by this section may not be used in awarding a contract1 subcontract1 grant1 or loan to an entity that is owned or controlled by1 is a subsidiary of1 or is otherwise related legally or financially to a corporation based in a country that-- 7,a7 is identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of this ,act2 7,b7 was identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 and 7,c7 is subject to monitoring by the ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 7#b7 ,exception ,for purposes of paragraph 7#a71 the term otherwise related legally or financially does not include a minority relationship or investment4 7#c7 ,international agreements ,this subsection shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 #iajb4 ,passenger rail improvement1 modernization1 and expansion grants 7a7 ,in general ,section #bbijf of title #di1 ,united ,states ,code1 is amended to read as follows3 #bbijf4 ,passenger rail improvement1 modernization1 and expansion grants 7a7 ,establishment ,the ,secretary of ,transportation shall establish a program to make grants for capital projects that improve the state of good repair1 operational performance1 or growth of intercity rail passenger transportation4 7b7 ,project selection criteria 7#a7 ,in general ,capital projects eligible for a grant under this section include-- 7,a7 a project to replace1 rehabilitate1 or repair a major infrastructure asset used for providing passenger rail service to bring such infrastructure asset into a state of good repair2 7,b7 a project to improve passenger rail performance1 including congestion mitigation1 reliability improvements1 achievement of on-time performance standards established under section #bjg of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note71 reduced trip times1 increased train frequencies1 higher operating speeds1 electrification1 and other improvements1 as determined by the ,secretary2 and 7,c7 a project to repair1 rehabilitate1 replace1 or build infrastructure to expand or establish intercity rail passenger transportation and facilities1 including high-speed rail4 7#b7 ,requirements ,to be eligible for a grant under this section1 an applicant shall have1 or provide documentation of a credible plan to achieve-- 7,a7 the legal1 financial1 and technical capacity to carry out the project2 7,b7 satisfactory continuing control over the use of the equipment or facilities that are the subject of the project2 and 7,c7 an agreement in place for maintenance of such equipment or facilities4 7#c7 ,priority ,in selecting an applicant for a grant under this section1 the ,secretary shall give preference to capital projects that-- 7,a7 are supported by multiple ,states or are included in a regional planning process2 or 7,b7 achieve environmental benefits such as a reduction in greenhouse gas emissions or an improvement in local air quality4 7#d7 ,additional considerations ,in selecting an applicant for a grant under this section1 the ,secretary shall consider-- 7,a7 the cost-benefit analysis of the proposed project1 including anticipated public benefits relative to the costs of the proposed project1 including-- 7i7 effects on system and service performance2 7ii7 effects on safety1 competitiveness1 reliability1 trip or transit time1 and resilience2 7iii7 impacts on the overall transportation system1 including efficiencies from improved integration with other modes of transportation or benefits associated with achieving modal shifts2 7iv7 the ability to meet existing1 anticipated1 or induced passenger or service demand2 and 7v7 projected effects on regional and local economies along the corridor1 including increased competitiveness1 productivity1 efficiency1 and economic development2 7,b7 the applicant's past performance in developing and delivering similar projects2 7,c7 if applicable1 the consistency of the project with planning guidance and documents set forth by the ,secretary or required by law2 and 7,d7 if applicable1 agreements between all stakeholders necessary for the successful delivery of the project4 7c7 ,northeast ,corridor projects ,of the funds made available to carry out this section1 not less than #dj percent shall be made available for projects included in the ,northeast ,corridor investment plan required under section #bdijd4 7d7 ,national projects ,of the funds made available to carry out this section1 not less than #dj percent shall be made available for-- 7#a7 projects on the ,national ,network2 7#b7 high-speed rail projects2 and 7#c7 the establishment of new passenger rail corridors not located on the ,northeast ,corridor4 7e7 ,federal share of total project costs 7#a7 ,total project cost estimate ,the ,secretary shall estimate the total cost of a project under this section based on the best available information1 including engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share of total costs for a project under this section shall not exceed #ij percent4 7#c7 ,treatment of revenue ,applicants may use ticket and other revenues generated from operations and other sources to satisfy the non-,federal share requirements4 7f7 ,letters of intent 7#a7 ,in general ,the ,secretary shall1 to the maximum extent practicable1 issue a letter of intent to a recipient of a grant under this section that-- 7,a7 announces an intention to obligate1 for a major capital project under this section1 an amount that is not more than the amount stipulated as the financial participation of the ,secretary in the project2 and 7,b7 states that the contingent commitment-- 7i7 is not an obligation of the ,federal ,government2 and 7ii7 is subject to the availability of appropriations for grants under this section and subject to ,federal laws in force or enacted after the date of the contingent commitment4 7#b7 ,congressional notification 7,a7 ,in general ,not later than #c days before issuing a letter of intent under paragraph 7#a71 the ,secretary shall submit written notification to-- 7i7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7ii7 the ,committee on ,appropriations of the ,house of ,representatives2 7iii7 the ,committee on ,appropriations of the ,senate2 and 7iv7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7,b7 ,contents ,the notification submitted under subparagraph 7,a7 shall include-- 7i7 a copy of the letter of intent2 7ii7 the criteria used under subsection 7b7 for selecting the project for a grant2 and 7iii7 a description of how the project meets such criteria4 7g7 ,appropriations required ,an obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose4 7h7 ,grant administration ,the ,secretary may withhold up to #a percent of the total amount made available to carry out this section for program oversight and management1 including providing technical assistance and project planning guidance4 7i7 ,regional planning guidance ,the ,secretary may withhold up to half a percent of the total amount made available to carry out this section to facilitate and provide guidance for regional planning processes4 7j7 ,availability ,amounts made available to carry out this section shall remain available until expended4 7k7 ,grant conditions ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the grant conditions under section #bbije1 except that the domestic buying preferences of section #bdcje7;f7 shall apply to grants provided to ,amtrak in lieu of the requirements of section #bbije7;a74 7l7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means-- 7,a7 a ,state2 7,b7 a group of ,states2 7,c7 an ,interstate ,compact2 7,d7 a public agency or publicly chartered authority established by one or more ,states2 7,e7 a political subdivision of a ,state2 or 7,f7 ,amtrak1 acting on its own behalf or under a cooperative agreement with one or more ,states4 7#b7 ,capital project ,the term capital project means-- 7,a7 acquisition1 construction1 replacement1 rehabilitation1 or repair of major infrastructure assets or equipment that benefit intercity rail passenger transportation1 including tunnels1 bridges1 stations1 track1 electrification1 grade crossings1 passenger rolling stock1 and other assets1 as determined by the ,secretary2 7,b7 projects that ensure service can be maintained while existing assets are rehabilitated or replaced2 and 7,c7 project planning1 development1 design1 and environmental analysis related to projects under subsections 7,a7 and 7,b74 7#c7 ,intercity rail passenger transportation ,the term intercity rail passenger transportation has the meaning given such term in section #bdajb4 7#d7 ,high-speed rail ,the term high-speed rail has the meaning given such term in section #bfajf7;b74 7#e7 ,northeast ,corridor ,the term ,northeast ,corridor has the meaning given such term in section #bdajb4 7#f7 ,national ,network ,the term ,national ,network has the meaning given such term in section #bdajb4 7#g7 ,state ,the term ,state means each of the #ej ,states and the ,district of ,columbia4 4 7b7 ,clerical amendment ,the item relating to section #bbijf in the analysis for chapter #bbi of title #di1 ,united ,states ,code1 is amended to read as follows3 #bbijf4 ,passenger rail improvement1 modernization1 and expansion grants4 4 #iajc4 ,consolidated rail infrastructure and safety improvement grants ,section #bbijg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by adding at the end the following3 7#ab7 ,a commuter authority 7as such term is defined in section #bdajb74 7#ac7 ,the ,district of ,columbia4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by inserting 1 maintenance1 and upgrades after ,deployment2 7,b7 in paragraph 7#b7 by striking as defined in section #bbija7b71 except that a project shall not be required to be in a ,state rail plan developed under chapter #bbg2 7,c7 in paragraph 7#c7 by inserting or safety after address congestion2 7,d7 in paragraph 7#d7 by striking identified by the ,secretary and all that follows through rail transportation and inserting to reduce congestion1 improve service1 or facilitate ridership growth in intercity rail passenger transportation and commuter rail passenger transportation 7as such term is defined in section #bdajb72 7,e7 in paragraph 7#e7 by inserting or to establish new quiet zones before the period at the end2 and 7,f7 in paragraph 7#i7 by inserting or commuter rail passenger transportation 7as such term is defined in section #bdajb7 after between intercity rail passenger transportation2 7#c7 in subsection 7e7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,in selecting a recipient of a grant for an eligible project1 the ,secretary shall give preference to-- 7,a7 projects that will maximize the net benefits of the funds made available for use under this section1 considering the cost-benefit analysis of the proposed project1 including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph 7#b72 and 7,b7 projects that benefit a station that-- 7i7 serves ,amtrak and commuter rail2 7ii7 is listed amongst the #be stations with highest ridership in the most recent ,amtrak ,company ,profile2 and 7iii7 has support from both ,amtrak and the provider of commuter rail passenger transportation servicing the station4 2 and 7,b7 in paragraph 7#c7 by striking paragraph 7#a77;,b7 and inserting paragraph 7#a77;,a72 7#d7 in subsection 7l7 by striking ,secretary shall and inserting ,secretary may2 7#e7 by redesignating subsections 7i71 7j71 7k71 and 7l7 as subsections 7l71 7m71 7n71 and 7o71 respectively2 and 7#f7 by inserting after subsection 7h7 the following3 7i7 ,large projects ,of the amounts made available under this section1 at least #ej percent shall be for projects that have total project costs of greater than #ajj1jjj1jjj4 7j7 ,commuter rail 7#a7 ,administration of funds ,the amounts awarded under this section for commuter rail passenger transportation projects shall be transferred by the ,secretary1 after selection1 to the ,federal ,transit ,administration for administration of funds in accordance with chapter #ec4 7#b7 ,grant condition 7,a7 ,in general ,as a condition of receiving a grant under this section that is used to acquire1 construct1 or improve railroad right-of-way or facilities1 any employee covered by the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq47 and the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca et seq47 who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements established under section #bbije7;e74 7,b7 ,application of protective arrangement ,the grant recipient and the successors1 assigns1 and contractors of such recipient shall be bound by the protective arrangements required under subparagraph 7,a74 ,such recipient shall be responsible for the implementation of such arrangement and for the obligations under such arrangement1 but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement4 7#c7 ,application of law ,subsections 7g7 and 7f77#a7 of section #bbije shall not apply to grants awarded under this section for commuter rail passenger transportation projects4 7k7 ,definition of capital project ,in this section1 the term capital project means a project or program for-- 7#a7 acquiring1 constructing1 improving1 or inspecting equipment1 track and track structures1 or a facility1 expenses incidental to the acquisition or construction 7including designing1 engineering1 location surveying1 mapping1 environmental studies1 and acquiring rights-of-way71 payments for the capital portions of rail trackage rights agreements1 highway-rail grade crossing improvements1 mitigating environmental impacts1 communication and signalization improvements1 relocation assistance1 acquiring replacement housing sites1 and acquiring1 constructing1 relocating1 and rehabilitating replacement housing2 7#b7 rehabilitating1 remanufacturing1 or overhauling rail rolling stock and facilities2 7#c7 costs associated with developing ,state rail plans2 and 7#d7 the first-dollar liability costs for insurance related to the provision of intercity passenger rail service under section #bbijd4 4 #iajd4 ,railroad rehabilitation and improvement financing ,section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by inserting civil works such as cuts and fills1 stations1 tunnels1 after components of track12 and 7ii7 in subparagraph 7,d7 by inserting 1 permitting1 after reimburse planning2 and 7,b7 by striking paragraph 7#c72 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#c7 by adding at the end the following3 7,d7 ,a projection of freight or passenger demand for the project based on regionally developed economic forecasts1 including projections of any modal diversion resulting from the project4 2 and 7,b7 in paragraph 7#d7-- 7i7 by inserting ,in the case of an applicant seeking a loan that is less than #ej percent of the total cost of the project1 half of the credit risk premiums under this subsection shall be paid to the ,secretary before the disbursement of loan amounts and the remaining half shall be paid to the ,secretary in equal amounts semiannually and fully paid not later than #aj years after the first loan disbursement is executed4 after modifications thereof42 7ii7 by striking ,credit risk premiums and inserting 7,a7 ,timing of payment4--,credit risk premiums2 and 7iii7 by adding at the end the following3 7,b7 ,payment of credit risk premiums 7i7 ,in general ,in granting assistance under this section1 the ,secretary may pay credit risk premiums required under paragraph 7#c7 for entities described in paragraphs 7#a7 through 7#c7 of subsection 7a71 in whole or in part1 with respect to a loan or loan guarantee4 7ii7 ,set-aside ,of the amounts made available for payments for a fiscal year under clause 7i71 the ,secretary shall reserve #age1jjj1jjj for payments for passenger rail projects1 to remain available until expended4 7,c7 ,refund of premium ,the ,secretary shall repay the credit risk premium of each loan in cohort #c1 as defined by the memorandum to the ,office of ,management and ,budget of the ,department of ,transportation dated ,november #e1 #bjah1 with interest accrued thereon1 not later than #fj days after the date on which all obligations attached to each such loan have been satisfied4 ,for each such loan for which obligations have been satisfied as of the date of enactment of the ,,train ,act1 the ,secretary shall repay the credit risk premium of each such loan1 with interest accrued thereon1 not later than #fj days after the date of the enactment of such ,act4 2 and 7#c7 by adding at the end the following3 7n7 ,non-,federal share ,the proceeds of a loan provided under this section may be used as the non-,federal share of project costs under this title or chapter #ec of title #di if such loan is repayable from non-,federal funds4 7o7 ,buy ,america 7#a7 ,in general ,in awarding direct loans or loan guarantees under this section1 the ,secretary shall require each recipient to comply with section #bbije7;a7 of title #di1 ,united ,states ,code4 7#b7 ,specific compliance ,notwithstanding paragraph 7#a71 the ,secretary shall require-- 7,a7 ,amtrak to comply with section #bdcje7;f7 of title #di1 ,united ,states ,code2 and 7,b7 a commuter authority 7as defined in section #bdajb of title #di1 ,united ,states ,code71 as applicable1 to comply with section #ecbj of title #di1 ,united ,states ,code4 4 #iaje4 ,buy ,america ,section #bbije7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b7 by adding or at the end2 7,b7 by striking subparagraph 7,c72 and 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 7,a7 ,if the ,secretary receives a request for a waiver under paragraph 7#b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7,b7 ,a notice provided under subparagraph 7,a7 shall-- 7i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#b72 and 7ii7 be provided by electronic means1 including on the official public website of the ,department of ,transportation4 2 7#c7 in paragraph 7#e7-- 7,a7 by striking #bjab and inserting #bjbj1 and each year thereafter2 and 7,b7 by inserting during the preceding fiscal year before the period2 and 7#d7 by adding at the end the following3 7#ab7 ,the requirements of this subsection apply to all contracts for a project carried out within the scope of the applicable finding1 determination1 or decisions under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source for activities carried out pursuant to such contracts1 if at least #a contract for the project is funded with amounts made available to carry out a provision specified in paragraph 7#a74 4 #iajf4 ,rail network climate change vulnerability assessment 7a7 ,in general ,the ,secretary of ,transportation shall sponsor a study by the ,national ,academies to conduct an assessment of the potential impacts of climate change on the national rail network4 7b7 ,assessment ,at a minimum1 the assessment conducted pursuant to subsection 7a7 shall-- 7#a7 cover the entire freight and intercity passenger rail network of the ,united ,states2 7#b7 evaluate risk to the network over #e-1 #cj-1 and #ej-year outlooks2 7#c7 examine and describe potential effects of climate change and extreme weather events on passenger and freight rail infrastructure1 trackage1 and facilities1 including facilities owned by rail shippers2 7#d7 identify and categorize the assets described in paragraph 7#c7 by vulnerability level and geographic area2 and 7#e7 recommend strategies or measures to mitigate any adverse impacts of climate change1 including emergency preparedness measures and resiliency best practices for infrastructure planning4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing the findings of the assessment conducted pursuant to subsection 7a74 7d7 ,further coordination ,the ,secretary shall make the report publicly available on the website of the ,department of ,transportation and communicate the results of the assessment with stakeholders4 7e7 ,regulatory authority ,if the ,secretary finds in the report required under subsection 7c7 that regulatory measures are warranted and such measures are otherwise under the existing authority of the ,secretary1 the ,secretary may issue such regulations as are necessary to implement such measures4 7f7 ,funding ,from the amounts made available for fiscal year #bjba under section #bjaag7;a7 of title #di1 ,united ,states ,code1 the ,secretary shall expend not less than #a1jjj1jjj to carry out the study required under subparagraph 7a74 #iajg4 ,north ,river ,tunnel ,shutdown ,contingency ,assesment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall publish a report that explains-- 7#a7 the contingency plan of the ,department of ,transportation1 in coordination with other relevant ,federal agencies1 detailing a specific plan of action in the case of a shutdown of the ,north ,river ,tunnel under the ,hudson ,river and that addresses issues including ensuring commuters1 tourists1 and others will maintain the ability to travel between ,new ,jersey and ,new ,york and throughout the region2 and 7#b7 the contingency plan of the ,department of ,transportation1 in coordination with other relevant ,federal agencies1 detailing a specific plan of action to ensure minimal disruption to1 and negative impact on national security1 the economy1 public health1 the environment1 and property values4 #iajh4 ,advance acquisition 7a7 ,in general ,chapter #bdb of title #di1 ,united ,states ,code1 is amended by inserting the following after section #bdbjb3 #bdbjc4 ,advance acquisition 7a7 ,rail corridor preservation ,the ,secretary may allow a recipient of a grant under chapter #bbi for a passenger rail project to acquire right-of-way and adjacent real property interests before or during the completion of the environmental reviews for a project that may use such property interests if the acquisition is otherwise permitted under ,federal law4 7b7 ,certification ,before authorizing advance acquisition under this section1 the ,secretary shall verify that-- 7#a7 the recipient has authority to acquire the real property interest2 7#b7 the acquisition of the real property interest-- 7,a7 is for a transportation purpose2 7,b7 will not cause significant adverse environmental impact2 7,c7 will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the ,secretary on any approval required for the project2 7,d7 does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered2 7,e7 complies with other applicable ,federal laws and regulations2 and 7,f7 will not result in elimination or reduction of benefits or assistance to a displaced person required by the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq47 and title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7c7 ,environmental reviews 7#a7 ,completion of ,,nepa review ,before authorizing ,federal funding for an acquisition of a real property interest1 the ,secretary shall complete all review processes otherwise required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 section #d7;f7 of the ,department of ,transportation ,act of #aiff 7#di ,u4,s4,c4 #cjc71 and ,section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f7 with respect to the acquisition4 7#b7 ,timing of development acquisition ,a real property interest acquired under subsection 7a7 may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed4 4 7b7 ,clerical amendment ,the table of sections for chapter #bdb of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #bdbjb the following new item3 ,sec4 #bdbjc4 ,advance acquisition4 4 ,,ii ,amtrak ,reforms #ibja4 ,amtrak findings1 mission1 and goals ,section #bdaja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 1 to the extent its budget allows12 and 7ii7 by striking between crowded urban areas and in other areas of and inserting throughout2 7,b7 in paragraph 7#b7 by striking the period and inserting 1 thereby providing additional capacity for the traveling public and widespread air quality benefits42 7,c7 in paragraph 7#d7-- 7i7 by striking greater and inserting high2 and 7ii7 by striking to ,amtrak to achieve a performance level sufficient to justify expending public money and inserting in order to meet the intercity passenger rail needs of the ,united ,states2 7,d7 in paragraph 7#e7-- 7i7 by inserting intercity and after efficient2 and 7ii7 by striking the energy conservation and self-sufficiency and inserting addressing climate change1 energy conservation1 and self-sufficiency2 7,e7 in paragraph 7#f7 by striking through its subsidiary1 ,amtrak ,commuter12 and 7,f7 by adding at the end the following3 7#i7 ,long-distance intercity passenger rail is an important part of the national transportation system4 7#aj7 ,investments in intercity and commuter rail passenger transportation support jobs that provide a pathway to the middle class4 2 7#b7 in subsection 7b7 by striking ,the and all that follows through consistent and inserting ,the mission of ,amtrak is to provide a safe1 efficient1 and high-quality national intercity passenger rail system that is trip-time competitive with other intercity travel options1 consistent2 7#c7 in subsection 7c7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 use its best business judgment in acting to maximize the benefits of public funding2 2 7,b7 in paragraph 7#b7-- 7i7 by striking minimize ,government subsidies by encouraging and inserting work with2 and 7ii7 by striking the semicolon and inserting and improvements to service22 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 manage the passenger rail network in the interest of public transportation needs1 including current and future ,amtrak passengers2 2 7,d7 in paragraph 7#g7 by striking encourage and inserting work with2 7,e7 in paragraph 7#aa7 by striking and the last place it appears2 and 7,f7 by striking paragraph 7#ab7 and inserting the following3 7#ab7 utilize and manage resources with a long-term perspective1 including sound investments that take into account the overall lifecycle costs of an asset2 7#ac7 ensure that service is accessible and accommodating to passengers with disabilities2 and 7#ad7 maximize the benefits ,amtrak generates for the ,united ,states by creating quality jobs and supporting the domestic workforce4 2 and 7#d7 by striking subsection 7d74 #ibjb4 ,amtrak status ,section #bdcja7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking #bjajb7b7 and inserting #bjajb2 and 7#b7 in paragraph 7#b7 by inserting serving the public interest in reliable passenger rail service after for-profit corporation4 #ibjc4 ,board of ,directors 7a7 ,in ,general ,section #bdcjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,eight individuals appointed by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate1 with a record of support for national passenger rail service1 general business and financial experience1 and transportation qualifications or expertise4 ,of the individuals appointed-- 7i7 one shall be a ,mayor or ,governor of a location served by a regularly scheduled ,amtrak service on the ,northeast ,corridor2 7ii7 one shall be a ,mayor or ,governor of a location served by a regularly scheduled ,amtrak service that is not on the ,northeast ,corridor2 7iii7 one shall be a labor representative of ,amtrak employees2 and 7iv7 two shall be individuals with a history of regular ,amtrak ridership and an understanding of the concerns of rail passengers4 2 7,b7 in paragraph 7#b7 by inserting users of ,amtrak1 including the elderly and individuals with disabilities1 and after and balanced representation of2 7,c7 in paragraph 7#c7 by adding at the end the following3 ,a member of the ,board appointed under clause 7i7 or 7ii7 of paragraph 7#a77;,c7 shall serve for a term of #e years or until such member leaves the elected office such member occupied at the time such member was appointed1 whichever is first42 and 7,d7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,the ,secretary and any ,governor of a ,state may be represented at a ,board meeting by a designee4 2 7#b7 in subsection 7b7-- 7,a7 by striking ,pay and expenses and inserting ,duties1 pay1 and expenses2 and 7,b7 by inserting ,each director must consider the well-being of current and future ,amtrak passengers1 and the public interest in sustainable national passenger rail service4 before ,each director not employed by the ,united ,states ,government or ,amtrak2 and 7#c7 by adding at the end the following3 7g7 ,governor defined ,in this section1 the term ,governor means the ,governor of a ,state or the ,mayor of the ,district of ,columbia and includes the designee of the ,governor4 4 7b7 ,timing of new ,board requirements 7#a7 ,in general ,the appointment and membership requirements under section #bdcjb of title #di1 ,united ,states ,code 7as amended by this ,act71 shall apply to any member of the ,board appointed pursuant to subsection 7a77#a77;,c7 of such section who is appointed on or after the date of enactment of this ,act4 7#b7 ,reappointment ,any member described under paragraph 7#a7 who is serving on such ,board as of the date of enactment of this ,act may be reappointed on or after such date of enactment1 subject to the advice and consent of the ,senate1 if such member meets the requirements of such section4 7#c7 ,termination of term ,the term of any member described under paragraph 7#a7 who is serving on such ,board as of the date of enactment of this ,act who is not reappointed under paragraph 7#b7 before the date that is #fj days after the date of enactment of this ,act1 shall cease on such date4 #ibjd4 ,amtrak preference enforcement 7a7 ,in general ,section #bdcjh7;c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 ,notwithstanding section #bdajc7;a7 and section #bdcjh7;f71 ,amtrak shall have the right to bring an action for equitable or other relief in the ,united ,states ,district ,court for the ,district of ,columbia to enforce the preference rights granted under this subsection44 7b7 ,conforming amendment ,section #bdajc of title #di1 ,united ,states ,code1 is amended by inserting and section #bdcjh7;c7 before 1 only the ,attorney ,general4 #ibje4 ,use of facilities and providing services to ,amtrak ,section #bdcjh7;e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 7,a7 ,when a rail carrier does not agree to allow ,amtrak to operate additional trains over any rail line of the carrier on which ,amtrak is operating or seeks to operate1 ,amtrak may submit an application to the ,board for an order requiring the carrier to allow for the operation of the requested trains4 ,within #ij days of receipt of such application1 the ,board shall determine whether the additional trains would unreasonably impair freight transportation and-- 7i7 for a determination that such trains do not unreasonably impair freight transportation1 order the rail carrier to allow for the operation of such trains on a schedule established by the ,board2 or 7ii7 for a determination that such trains do unreasonably impair freight transportation1 initiate a proceeding to determine any additional infrastructure investments required by1 or on behalf of1 ,amtrak4 7,b7 ,if ,amtrak seeks to resume operation of a train that ,amtrak operated during the #e-year period preceding an application described in subparagraph 7,a71 the ,board shall apply a presumption that the resumed operation of such train will not unreasonably impair freight transportation unless the ,board finds that there are substantially changed circumstances4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,the ,board shall consider and inserting ,the ,board shall2 7,b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 in making the determination under paragraph 7#a71 take into account any infrastructure investments proposed in ,amtrak's application1 with the rail carrier having the burden of demonstrating that the additional trains will unreasonably impair the freight transportation2 and 2 and 7,c7 in subparagraph 7,b7 by inserting consider investments described in subparagraph 7,a7 and after times12 and 7#c7 by adding at the end the following3 7#d7 ,in a proceeding initiated by the ,board under paragraph 7#a77;,b71 the ,board shall solicit the views of the parties and require the parties to provide any necessary data or information4 ,not later than #ahj days after the date on which the ,board makes a determination under paragraph 7#a77;,b71 the ,board shall issue an order requiring the rail carrier to allow for the operation of the requested trains conditioned upon additional infrastructure or other investments needed to mitigate the unreasonable interference4 ,in determining the necessary level of additional infrastructure or other investments1 the ,board shall use any criteria1 assumptions1 and processes it considers appropriate4 7#e7 ,the provisions of this subsection shall be in addition to any other statutory or contractual remedies ,amtrak may have to obtain the right to operate the additional trains4 4 #ibjf4 ,prohibition on mandatory arbitration 7a7 ,in general ,section #bhajc of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,prohibition on choice-of-,forum clause 7#a7 ,in general ,amtrak may not impose a choice-of-forum clause that attempts to preclude a passenger1 or a person who purchases a ticket for rail transportation on behalf of a passenger1 from bringing a claim against ,amtrak in any court of competent jurisdiction1 including a court within the jurisdiction of the residence of such passenger in the ,united ,states 7provided that ,amtrak does business within that jurisdiction74 7#b7 ,court of competent jurisdiction ,under this subsection1 a court of competent jurisdiction may not include an arbitration forum4 4 7b7 ,effective date ,this section1 and the amendments made by this section1 shall apply to any claim that arises on or after the date of enactment of this ,act4 #ibjg4 ,amtrak ,,ada assessment 7a7 ,assessment ,amtrak shall conduct an assessment and review of all ,amtrak policies1 procedures1 protocols1 and guidelines for compliance with the requirements of the ,americans ,with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the assessment conducted under subsection 7a74 7c7 ,contents ,the report required under subsection 7b7 shall include-- 7#a7 a summary of the policies1 procedures1 protocols1 and guidelines reviewed2 7#b7 any necessary changes to such policies1 procedures1 protocols1 and guidelines to ensure compliance with the ,americans ,with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 including full compliance under such ,act for stations and facilities for which ,amtrak has responsibility under such ,act and consideration of the needs of individuals with disabilities when procuring rolling stock2 and 7#c7 an implementation plan and timeline for making any such necessary changes4 7d7 ,engagement ,amtrak is encouraged to engage with a range of advocates for individuals with disabilities during the assessment conducted under subsection 7a71 and develop an ongoing and standardized process for engagement with advocates for individuals with disabilities4 7e7 ,periodic evaluation ,at least once every #b years1 ,amtrak shall review and update1 as necessary1 ,amtrak policies1 procedures1 protocols1 and guidelines to ensure compliance with the ,americans ,with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 #ibjh4 ,prohibition on smoking on ,amtrak trains 7a7 ,in general ,chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,prohibition on smoking on ,amtrak trains 7a7 ,prohibition ,beginning on the date of enactment of the ,,train ,act1 ,amtrak shall prohibit smoking on board ,amtrak trains4 7b7 ,electronic ,cigarettes 7#a7 ,inclusion ,the use of an electronic cigarette shall be treated as smoking for purposes of this section4 7#b7 ,electronic cigarette defined ,in this section1 the term electronic cigarette means a device that delivers nicotine or other substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking4 4 7b7 ,conforming amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,prohibition on smoking on ,amtrak trains4 4 #ibji4 ,state-supported routes operated by ,amtrak 7a7 ,in general ,section #bdgab of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d7 by striking the first sentence and inserting ,the ,committee shall define and periodically update the rules and procedures governing the ,committee's proceedings42 and 7,b7 in paragraph 7#f7-- 7i7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,procedures ,the rules and procedures implemented under paragraph 7#d7 shall include-- 7i7 procedures for changing the cost allocation methodology1 notwithstanding section #bji7;b7 of the ,passenger ,rail ,investment and ,improvement ,act 7#di ,u4,s4,c4 #bdaja note72 and 7ii7 procedures or broad guidelines for conducting financial planning1 including operation1 ridership1 capital forecasting1 station staffing projections1 reporting1 and data sharing and governance4 2 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7i7 by striking and at the end2 7,,ii7 in clause 7ii7 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7iii7 promote increased efficiency in ,amtrak's operating and capital activities4 2 and 7iii7 by adding at the end the following3 7,d7 ,annual ,review ,not later than ,june #cj of each year1 the ,committee shall prepare an evaluation of the cost allocation methodology and procedures under subparagraph 7,b7 and transmit such evaluation to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 2 7#b7 in subsection 7b7-- 7,a7 by inserting and to the ,committee before 1 as well as the planning2 and 7,b7 by inserting before the period at the end the following3 and the ,committee4 ,not later than #ahj days after the date of enactment of the ,,train ,act1 the ,committee shall develop a report that contains the general ledger data and operating statistics from ,amtrak's accounting systems used to calculate payments to ,states4 ,amtrak shall provide to the ,states and the ,committee the report for the prior month not later than #cj days after the last day of each month2 7#c7 in subsection 7e7 by inserting 1 including incentives to increase revenue1 reduce costs1 finalize contracts by the beginning of the fiscal year1 and require ,states to promptly make payments for services delivered before the period2 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting and annually review and update1 as necessary1 after shall develop2 and 7ii7 by inserting before ,the ,committee may consult the following3 ,the statement shall include a list of capital projects1 including infrastructure1 fleet1 station1 and facility initiatives1 needed to support the growth of ,state-supported routes42 7,b7 in paragraph 7#b7 by striking ,not later than #b years and all that follows through transmit the statement and inserting ,the ,committee shall transmit1 not later than ,march #ca of each year1 the most recent annual update to the statement2 and 7,c7 by adding at the end the following3 7#c7 ,sense of ,congress ,it is the sense of ,congress that the ,committee shall be the forum where ,amtrak and ,states collaborate on the planning1 improvement1 and development of corridor routes across the ,national ,network4 ,the ,committee shall identify obstacles to intercity passenger rail growth and identify solutions to overcome such obstacles4 2 7#e7 by redesignating subsections 7g7 and 7h7 as subsections 7j7 and 7k71 respectively2 and 7#f7 by inserting after subsection 7f7 the following3 7g7 ,new ,state-,supported routes 7#a7 ,consultation ,in developing a new ,state-supported route1 ,amtrak shall consult with the following3 7,a7 ,the ,state or ,states and local municipalities where such new service would operate4 7,b7 ,commuter authorities and regional transportation authorities 7as such terms are defined in section #bdajb7 in the areas that would be served by the planned route4 7,c7 ,host railroads4 7,d7 ,administrator of the ,federal ,railroad ,administration4 7,e7 ,other stakeholders1 as appropriate4 7#b7 ,state commitments ,notwithstanding any other provision of law1 before beginning construction necessary for1 or beginning operation of1 a ,state-supported route that is initiated on or after the date of enactment of the ,,train ,act1 ,amtrak shall enter into a memorandum of understanding1 or otherwise secure an agreement1 with the ,state in which such route will operate for sharing-- 7,a7 ongoing operating costs and capital costs in accordance with the cost allocation methodology described under subsection 7a72 or 7,b7 ongoing operating costs and capital costs in accordance with the alternative cost allocation schedule described in paragraph 7#c74 7#c7 ,alternative cost allocation ,under the alternative cost allocation schedule described in this paragraph1 with respect to costs not covered by revenues for the operation of the new ,state-supported route1 ,amtrak shall pay-- 7,a7 the share ,amtrak otherwise would have paid under the cost allocation methodology under subsection 7a72 and 7,b7 a percentage of the share that the ,state otherwise would have paid under the cost allocation methodology under subsection 7a7 according to the following3 7i7 ,amtrak shall pay up to #ajj percent of the capital costs necessary to initiate a new ,state-supported route1 including planning and development1 design1 and environmental analysis1 prior to beginning operations on the new route4 7ii7 ,for the first #b years of operation1 ,amtrak shall pay for #ajj percent of operating costs and capital costs4 7iii7 ,for the third year of operation1 ,amtrak shall pay #ij percent of operating costs and capital costs and the ,state shall pay the remainder4 7iv7 ,for the fourth year of operation1 ,amtrak shall pay #hj percent of operating costs and capital costs and the ,state shall pay the remainder4 7v7 ,for the fifth year of operation1 ,amtrak shall pay #ej percent of operating costs and capital costs and the ,state shall pay the remainder4 7vi7 ,for the sixth year of operation and thereafter1 operating costs and capital costs shall be allocated in accordance with the cost allocation methodology described under subsection 7a71 as applicable4 7#d7 ,application of terms ,in this subsection1 the terms capital cost and operating cost shall apply in the same manner as such terms apply under the cost allocation methodology developed under subsection 7a74 7h7 ,cost allocation methodology and implementation report 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,,train ,act1 the ,committee shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report assessing potential improvements to the cost allocation methodology required and approved under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7#b7 ,report contents ,the report required under paragraph 7#a7 shall-- 7,a7 identify improvements to the cost allocation methodology that would promote-- 7i7 transparency of route and train costs and revenues2 7ii7 facilitation of service and network growth2 7iii7 improved services for the traveling public2 7iv7 maintenance or achievement of labor collective bargaining agreements2 7v7 increased revenues2 and 7vi7 reduced costs2 7,b7 describe the various contracting approaches used in ,state-supported services between ,states and ,amtrak1 including the method1 amount1 and timeliness of payments for each ,state-supported service2 7,c7 evaluate the potential benefits and feasibility1 including identifying any necessary statutory changes1 of implementing a service pricing model for ,state-supported routes in lieu of a cost allocation methodology and how such a service pricing model would advance the priorities described in subparagraph 7,a72 and 7,d7 summarize share of costs from the cost allocation methodology that are-- 7i7 assigned2 7ii7 allocated regionally or locally2 and 7iii7 allocated nationally4 7#c7 ,update to the methodology ,not later than #b years after the implementation of the ,,train ,act1 the ,committee shall update the methodology1 if necessary1 based on the findings of the report required under paragraph 7#a74 7i7 ,identification of ,state-,supported route changes ,amtrak shall provide an update in the general and legislative annual report under section #bdcae7;b7 of planned or proposed changes to ,state-supported routes1 including the introduction of new ,state-supported routes4 ,in identifying routes to be included in such request1 ,amtrak shall-- 7#a7 identify the timeframe in which such changes could take effect and whether ,amtrak has entered into a commitment with a ,state under subsection 7g77#b72 and 7#b7 consult with the ,committee and any additional ,states in which proposed routes may operate1 not less than #abj days before the annual grant request is transmitted to the ,secretary4 4 7b7 ,conforming amendment ,section #bdcae7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7#b7 in subparagraph 7,a7 by striking section #bdijb7;b7 of this title2 and and inserting section #bdijb7;a7 of this title22 and 7#c7 by inserting after subparagraph 7,a7 the following3 7,b7 shall identify the planned or proposed ,state-supported routes1 as required under section #bdgab7;i72 and 4 #ibaj4 ,amtrak ,police ,department 7a7 ,department mission ,not later than #ahj days after the date of enactment of this ,act1 ,amtrak shall identify the mission of the ,amtrak ,police ,department 7in this section referred to as the ,department71 including the scope and priorities of the ,department1 in mitigating risks to and ensuring the safety and security of ,amtrak passengers1 employees1 trains1 stations1 facilities1 and other infrastructure4 ,in identifying such mission1 ,amtrak shall consider-- 7#a7 the unique needs of maintaining the safety and security of ,amtrak's network2 and 7#b7 comparable passenger rail systems and the mission of the police departments of such rail systems4 7b7 ,workforce planning process ,not later than #abj days after identifying the mission of the ,department under subsection 7a71 ,amtrak shall develop a workforce planning process that-- 7#a7 ensures adequate employment levels and allocation of sworn and civilian personnel1 including patrol officers1 necessary for fulfilling the ,department's mission2 and 7#b7 sets performance goals and metrics for the ,department and monitors and evaluates the ,department's progress toward such goals and metrics4 7c7 ,considerations ,in developing the workforce planning process under subsection 7b71 ,amtrak shall-- 7#a7 identify critical positions1 skills1 and competencies necessary for fulfilling the ,department's mission2 7#b7 analyze employment levels and ensure that-- 7,a7 an adequate number of civilian and sworn personnel are allocated across the ,department's #f geographic divisions1 including patrol officers1 detectives1 canine units1 special operations unit1 strategic operations1 intelligence1 corporate security1 the ,office of ,professional ,responsibilities1 and the ,office of ,chief of ,polices2 and 7,b7 patrol officers have an adequate presence on trains and route segments1 and in stations1 facilities1 and other infrastructure2 7#c7 analyze workforce gaps and develop strategies to address any such gaps2 7#d7 consider the risks identified by ,amtrak's triannual risk assessments2 7#e7 consider variables1 including ridership levels1 miles of right-of-way1 crime data1 call frequencies1 interactions with vulnerable populations1 and workload1 that comparable passenger rail systems with similar police departments consider in the development of the workforce plans of such systems2 and 7#f7 consider collaboration or coordination with local1 ,state1 ,tribal1 and ,federal agencies1 and public transportation agencies to support the safety and security of the ,amtrak network4 7d7 ,consultation ,in carrying out this section1 ,amtrak shall consult with the ,amtrak ,police ,department ,labor ,committee1 public safety experts1 foreign or domestic entities providing passenger rail service comparable to ,amtrak1 and any other relevant entities1 as determined by ,amtrak4 7e7 ,reports 7#a7 ,report on mission of department ,not later than #aj days after ,amtrak identifies the mission of the ,department under subsection 7a71 ,amtrak shall transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing a description of the mission of the ,department and the reasons for the content of such mission4 7#b7 ,report on workforce planning process ,not later than #aj days after ,amtrak completes the workforce planning process under subsection 7b71 ,amtrak shall transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing the workforce planning process1 the underlying data used to develop such process1 and how such process will achieve the ,department's mission4 #ibaa4 ,amtrak food and beverage 7a7 ,amtrak food and beverage ,section #bdcba of title #di1 ,united ,states ,code1 is amended to read as follows3 #bdcba4 ,amtrak food and beverage 7a7 ,ensuring access to food and beverage services ,on all long-distance routes1 ,amtrak shall ensure that all passengers who travel overnight on such route shall have access to purchasing the food and beverages that are provided to sleeping car passengers on such route4 7b7 ,food and beverage workforce 7#a7 ,workforce requirement ,amtrak shall ensure that any individual onboard a train who prepares food and beverages is an ,amtrak employee4 7#b7 ,savings clause ,no ,amtrak employee holding a position as of the date of enactment of the ,,train ,act may be involuntarily separated because of any action taken by ,amtrak to implement this section1 including any employees who are furloughed as a result of the ,,covid-#ai pandemic4 7c7 ,savings clause ,amtrak shall ensure that no ,amtrak employee holding a position as of the date of enactment of the ,passenger ,rail ,reform and ,investment ,act of #bjae is involuntarily separated because of the development and implementation of the plan required by the amendments made by section #aabjg of such ,act4 4 7b7 ,technical and conforming amendments 7#a7 ,analysis ,the item relating to section #bdcba in the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended to read as follows3 #bdcba4 ,amtrak food and beverage4 4 7#b7 ,amtrak authority ,section #bdcje7;c77#d7 of title #di1 ,united ,states ,code1 is amended by striking only if revenues from the services each year at least equal the cost of providing the services4 7#c7 ,contracting out ,section #aba7;c7 of the ,amtrak ,reform and ,accountability ,act of #aiig 7#di ,u4,s4,c4 #bdcab note2 #aaa ,stat4 #begd7 is amended by striking 1 other than work related to food and beverage service14 7c7 ,amtrak food and beverage working group 7#a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 ,amtrak shall establish a working group 7in this subsection referred to as the ,working ,group7 to provide recommendations on ,amtrak onboard food and beverage services4 7#b7 ,membership ,the ,working ,group shall consist of individuals representing-- 7,a7 ,amtrak2 7,b7 the labor organizations representing ,amtrak employees who prepare or provide onboard food and beverage services2 and 7,c7 nonprofit organizations representing ,amtrak passengers4 7#c7 ,recommendations 7,a7 ,in general ,the ,working ,group shall develop recommendations to increase ridership and improve customer satisfaction by-- 7i7 promoting collaboration and engagement between ,amtrak1 ,amtrak passengers1 and ,amtrak employees preparing or providing onboard food and beverage services1 prior to ,amtrak implementing changes to onboard food and beverage services2 7ii7 improving onboard food and beverage services2 and 7iii7 improving solicitation1 reception1 and consideration of passenger feedback regarding onboard food and beverage services4 7,b7 ,considerations ,in developing the recommendations under subparagraph 7,a71 the ,working ,group shall consider-- 7i7 the healthfulness of onboard food and beverages offered1 including the ability of passengers to address dietary restrictions2 7ii7 the preparation and delivery of onboard food and beverages2 7iii7 the differing needs of passengers traveling on long-distance routes1 ,state-supported routes1 and the ,northeast ,corridor2 7iv7 the reinstatement of the dining car service on long-distance routes2 7v7 ,amtrak passenger survey data about the food and beverages offered on ,amtrak trains2 and 7vi7 any other issue the ,working ,group determines appropriate4 7#d7 ,reports 7,a7 ,initial report ,not later than #a year after the date on which the ,working ,group is established1 the ,working ,group shall submit to the ,board of ,directors of ,amtrak1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing the recommendations developed under paragraph 7#c74 7,b7 ,subsequent report ,not later than #cj days after the date on which the ,working ,group submits the report required under subparagraph 7,a71 ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on whether ,amtrak agrees with the recommendations of the ,working ,group and describing any plans to implement such recommendations4 7#e7 ,prohibition on food and beverage service changes ,during the period beginning on the date of enactment of this ,act and ending #cj days after the date on which ,amtrak submits the report required under paragraph 7#d77;,b71 ,amtrak may not make large-scale1 structural changes to existing onboard food and beverage services1 except that ,amtrak shall reverse any changes to onboard food and beverage service made in response to the ,,covid-#ai pandemic as ,amtrak service is restored4 7#f7 ,termination ,the ,working ,group shall terminate on the date on which ,amtrak submits the report required under paragraph 7#d77;,b71 except that ,amtrak may extend such date by up to #a year if ,amtrak determines that the ,working ,group is beneficial to ,amtrak in making decisions related to onboard food and beverage services4 ,if ,amtrak extends such date1 ,amtrak shall include notification of the extension in the report required under paragraph 7#d77;,b74 7#g7 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 does not apply to the ,working ,group established under this section4 7#h7 ,long-distance route2 ,northeast ,corridor2 and ,state-supported route defined ,in this subsection1 the terms long-distance route1 ,northeast ,corridor1 and ,state-supported route have the meaning given those terms in section #bdajb of title #di1 ,united ,states ,code4 #ibab4 ,clarification on ,amtrak contracting out ,section #aba of the ,amtrak ,reform and ,accountability ,act of #aiig 7#di ,u4,s4,c4 #bdcab note2 #aaa ,stat4 #begd7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,furloughed work ,amtrak may not contract out work within the scope of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between ,amtrak and an organization representing ,amtrak employees during the period of time such employee has been laid off and has not been recalled to perform such work4 7e7 ,agreement prohibitions on contracting out ,this section does not-- 7#a7 supersede a prohibition or limitation on contracting out work covered by a collective bargaining agreement entered into between ,amtrak and an organization representing ,amtrak employees2 or 7#b7 prohibit ,amtrak and an organization representing ,amtrak employees from entering into a collective bargaining agreement that allows for contracting out the work of a furloughed employee that would otherwise be prohibited under subsection 7d74 4 #ibac4 ,amtrak staffing ,section #bdcab of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,call center staffing 7#a7 ,outsourcing ,amtrak may not renew or enter into a contract to outsource call center customer service work on behalf of ,amtrak1 including through a business process outsourcing group4 7#b7 ,training ,amtrak shall make available appropriate training programs to any ,amtrak call center employee carrying out customer service activities using telephone or internet platforms4 7d7 ,station agent staffing 7#a7 ,in general ,beginning on the date that is #a year after the date of enactment of the ,,train ,act1 ,amtrak shall ensure that at least one ,amtrak ticket agent is employed at each station building where at least one ,amtrak ticket agent was employed on or after ,october #a1 #bjag4 7#b7 ,locations ,notwithstanding section 7#a71 beginning on the date that is #a year after the date of enactment of the ,,train ,act1 ,amtrak shall ensure that at least one ,amtrak ticket agent is employed at each station building-- 7,a7 that ,amtrak owns1 or operates service through1 as part of a passenger service route2 and 7,b7 for which the number of passengers boarding or deboarding an ,amtrak long-distance train in the previous fiscal year exceeds the average of at least #dj passengers per day over all days in which the station was serviced by ,amtrak1 regardless of the number of ,amtrak vehicles servicing the station per day4 ,for fiscal year #bjba1 ridership from fiscal year #bjai shall be used to determine qualifying stations4 7#c7 ,exception ,this subsection does not apply to any station building in which a commuter rail ticket agent has the authority to sell ,amtrak tickets4 7#d7 ,amtrak ticket agent ,for purposes of this section1 the term ,amtrak ticket agent means an ,amtrak employee with authority to sell ,amtrak tickets onsite and assist in the checking of ,amtrak passenger baggage4 4 #ibad4 ,special transportation ,section #bdcjg7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a7 by striking for the following3 and inserting of at least a #aj percent discount on full-price coach class rail fares for1 at a minimum--2 7#b7 in paragraph 7#a7 by striking the period at the end and inserting a semicolon2 and 7#c7 by striking paragraph 7#b7 and inserting the following3 7#b7 individuals of #ab years of age or younger2 7#c7 individuals with a disability1 as such term is defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7#d7 members of the ,armed ,forces on active duty 7as those terms are defined in section #aja of title #aj7 and their spouses and dependents with valid identification2 7#e7 veterans 7as that term is defined in section #aja of title #ch7 with valid identification2 and 7#f7 individuals attending federally-accredited postsecondary education institutions with valid student identification cards4 4 #ibae4 ,disaster and emergency relief program 7a7 ,in general ,chapter #bdc of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #bdcbd4 ,disaster and emergency relief program 7a7 ,in general ,the ,secretary of ,transportation may make grants to ,amtrak for-- 7#a7 capital projects to repair1 reconstruct1 or replace equipment1 infrastructure1 stations1 and other facilities that the ,secretary determines are in danger of suffering serious damage1 or have suffered serious damage1 as a result of an emergency event2 7#b7 offset revenue lost as a result of such an event2 and 7#c7 support continued operations following emergency events4 7b7 ,coordination of emergency funds ,funds made available to carry out this section shall be in addition to any other funds available and shall not affect the ability of ,amtrak to use any other funds otherwise authorized by law4 7c7 ,grant conditions ,grants made under this subsection 7a7 shall be subject to section #bbije7;c77#b77;,a7 and other such terms and conditions as the ,secretary determines necessary4 7d7 ,definition of emergency event ,in this section1 the term emergency event has the meaning given such term in section #bjajc4 4 7b7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #bdcbd4 ,disaster and emergency relief program4 4 #ibaf4 ,recreational trail access ,section #bdcae of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,recreational trail access ,at least #cj days before implementing a new policy1 structure1 or operation that impedes recreational trail access1 ,amtrak shall work with potentially affected communities1 making a good-faith effort to address local concerns about such recreational trail access4 ,not later than ,february #ae of each year1 ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report on any such engagement in the preceding calendar year1 and any changes to policies1 structures1 or operations affecting recreational trail access that were considered or made as a result4 ,such report shall include ,amtrak's plans to mitigate the impact to such recreational trail access4 4 #ibag4 ,investigation of substandard performance ,section #bdcjh7;f7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,if the on-time and inserting ,if either the on-time2 7,b7 by inserting 1 measured at each station on its route based upon the arrival times plus #ae minutes shown in schedules ,amtrak and the host railroad have agreed to or have been determined by the ,surface ,transportation ,board pursuant to section #bac of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh as of or subsequent to the date of enactment of the ,,train ,act1 after intercity passenger train the first place it appears2 and 7,c7 by striking or the service quality of and inserting or the on-time performance of2 7#b7 in paragraph 7#b7 by striking minimum standards investigated under paragraph 7#a7 and inserting either performance standard under paragraph 7#a72 and 7#c7 in paragraph 7#d7 by striking or failures to achieve minimum standards and inserting or failure to achieve either performance standard under paragraph 7#a74 #ibah4 ,amtrak cybersecurity enhancement grant program 7a7 ,in general ,chapter #bdc of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #bdcbe4 ,amtrak cybersecurity enhancement grant program 7a7 ,in general ,the ,secretary of ,transportation shall make grants to ,amtrak for improvements in information technology systems1 including cyber resiliency improvements for ,amtrak information technology assets4 7b7 ,application of best practices ,any cyber resiliency improvements carried out with a grant under this section shall be consistent with the principles contained in the special publication numbered #hjj-afj issued by the ,national ,institute of ,standards and ,technology ,special and any other applicable security controls published by the ,institute4 7c7 ,coordination of cybersecurity funds ,funds made available to carry out this section shall be in addition to any other ,federal funds and shall not affect the ability of ,amtrak to use any other funds otherwise authorized by law for purposes of enhancing the cybersecurity architecture of ,amtrak4 7d7 ,grant conditions ,grants made under this section shall be subject to such terms and conditions as the ,secretary determines necessary4 4 7b7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #bdcbe4 ,amtrak cybersecurity enhancement grant program4 4 #ibai4 ,amtrak and private cars 7a7 ,sense of ,congress ,it is the sense of ,congress that private cars and charter trains can-- 7#a7 improve ,amtrak's financial performance1 particularly on the long-distance routes2 7#b7 have promotional value for ,amtrak that results in future travel on ,amtrak trains by passengers made aware of ,amtrak as a result2 7#c7 support private-sector jobs1 including for mechanical work and on-board services2 and 7#d7 provide good-will benefits to ,amtrak4 7b7 ,policy review ,amtrak shall review the policy changes since ,january #a1 #bjah1 that have caused significant changes to the relationship between ,amtrak and private car owners and charter train services and evaluate opportunities to strengthen these services1 including by reinstating some access points and restoring flexibility to charter-train policies4 ,for charter trains1 private cars1 and package express carried on regular ,amtrak trains1 consistent with sound business practice1 ,amtrak should recover direct costs plus a reasonable profit margin4 #ibbj4 ,amtrak ,office of ,community ,outreach 7a7 ,in general ,chapter #bdc of title #di1 ,united ,states ,code1 is further amended by adding at the end the following new section3 #bdcbf4 ,amtrak ,office of ,community ,outreach 7a7 ,in general ,not later than #ahj days after the date of enactment of the ,,train ,act1 ,amtrak shall establish an ,office of ,community ,outreach to engage with communities impacted by ,amtrak operations4 7b7 ,responsibilities ,the ,office of ,community ,outreach shall be responsible for-- 7#a7 outreach and engagement with-- 7,a7 local officials before capital improvement project plans are finalized2 and 7,b7 local stakeholders and relevant organizations on projects of community significance2 7#b7 clear explanation and publication of how community members can communicate with ,amtrak2 7#c7 the use of virtual public involvement1 social media1 and other web-based tools to encourage public participation and solicit public feedback2 and 7#d7 making publicly available on the website of ,amtrak1 planning documents for proposed and implemented capital improvement projects4 7c7 ,report to ,congress ,not later than #a year after the establishment of the ,office of ,community ,outreach1 and annually thereafter1 ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure in the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that-- 7#a7 describes the community outreach efforts undertaken by the ,amtrak ,office of ,community ,outreach for the previous year2 and 7#b7 identifies changes ,amtrak made to capital improvement project plans after engagement with affected communities4 4 7b7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #bdcbf4 ,amtrak ,office of ,community ,outreach4 4 #ibba4 ,sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,amtrak received #a1jah1jjj1jjj in aid from ,congress as part of the ,,cares ,act1 to help ,amtrak and its state partners respond to the drastic drop in demand caused by the coronavirus pandemic4 7#b7 ,the ,,cares ,act also included a provision requiring that1 for any employee who is furloughed as a result of the pandemic1 ,amtrak provide such employee the opportunity to return to the job as service ramps back up1 thereby helping prevent the health crisis from being a reason to outsource work4 7#c7 ,amtrak has requested additional funds to help it respond to the continued loss of passenger demand while also announcing plans to permanently cut #bj percent of its workforce1 which could hinder its ability to serve the ,amtrak national passenger rail system1 including its long-distance routes1 now and in the future4 7#d7 ,additionally1 ,amtrak recently announced its intention to eliminate daily service on most of its long-distance routes1 leaving only one long-distance route to operate daily4 ,these reductions are set to begin ,october #a1 #bjbj4 7#e7 ,estimates indicate the plan to decrease service would drastically impact as many as #dfa stations4 7#f7 ,if the service disruptions are implemented1 the passengers served by these long-distance trains would be disconnected from a critical transportation option1 and these communities would lose important economic contributions generated by this service 4 ,these cuts would also impact the lives of ,amtrak employees whose work contributes to the operation of these trains4 7#g7 ,amtrak has not provided ,congress1 the public at large1 or its workforce1 sufficient notice or explanation of its plan to restore service to communities served by long-distance routes4 7b7 ,sense of ,congress ,congress is concerned by the recent announcements from ,amtrak that it intends to reduce its workforce and its daily long-distance train service and calls on ,amtrak to provide assurance about the future of the passenger rail network and its employees4 ,,iii ,intercity ,passenger ,rail ,policy #icja4 ,northeast ,corridor ,commission ,section #bdije of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a7 by striking members and inserting #d members2 7,b7 in subparagraph 7,b7 by striking members and inserting #e members2 and 7,c7 in subparagraph 7,d7 by striking and commuter railroad carriers using the ,northeast ,corridor selected by the ,secretary and inserting railroad carriers and commuter authorities using the ,northeast ,corridor1 as determined by the ,commission2 7#b7 by striking paragraph 7#b7 of subsection 7a7 and inserting the following3 7#b7 ,at least two of the members described in paragraph 7#a77;,b7 shall be career appointees1 as such term is defined in section #cacb7;a7 of title #e4 2 7#c7 in subsection 7b77#c77;,b7-- 7,a7 in clause 7i7 by inserting 1 including ridership trends1 before along the ,northeast ,corridor2 7,b7 in clause 7ii7 by striking capital investment plan described in section #bdijd4 and inserting first year of the capital investment plan described in section #bdijd2 and2 and 7,c7 by adding at the end the following3 7iii7 progress in assessing and eliminating the state-of-good-repair backlog4 2 7#d7 in subsection 7c7-- 7,a7 by striking 7#a7 ,development and all that follows through standardized policy and inserting the following3 7#a7 ,policy ,the ,commission shall-- 7,a7 maintain and update1 as appropriate1 the ,northeast ,corridor ,commuter and ,intercity ,rail ,cost ,allocation ,policy approved on ,september #ag1 #bjae1 2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,b7 by striking a proposed timetable for implementing and inserting timetables for implementing and maintaining2 7ii7 in subparagraph 7,c7 by striking the policy and the timetable and inserting updates to the policy and the timetables2 and 7iii7 by striking subparagraph 7,d7 and inserting the following3 7,d7 support the efforts of the members of the ,commission to implement the policy in accordance with such timetables2 and 2 7,c7 in paragraph 7#b7-- 7i7 by striking the first sentence and inserting ,in accordance with the timetable developed in paragraph 7#a71 ,amtrak and commuter authorities on the ,northeast ,corridor shall implement the policy developed under paragraph 7#a7 in agreements for usage of facilities or services42 7ii7 by striking fail to implement such new agreements and inserting fail to implement the policy2 and 7iii7 by striking paragraph 7#a77;,a71 as applicable and inserting paragraph 7#a72 and 7,d7 in paragraph 7#d7 by striking public authorities providing commuter rail passenger transportation and inserting commuter authorities2 7#e7 by striking subsection 7d72 7#f7 by redesignating subsection 7e7 as subsection 7d72 and 7#g7 in paragraph 7#a77;,d7 of subsection 7d7 7as redesignated by paragraph 7#f77 by striking commuter rail agencies and inserting commuter authorities4 #icjb4 ,northeast ,corridor planning 7a7 ,in general ,section #bdijd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 7#b7 by striking subsection 7c72 7#c7 by redesignating subsections 7a7 and 7b7 as subsections 7b7 and 7c71 respectively2 7#d7 by inserting before subsection 7b71 as so redesignated1 the following3 7a7 ,strategic development plan 7#a7 ,requirement ,not later than ,december #ca1 #bjba1 the ,northeast ,corridor ,commission established under section #bdije 7referred to in this section as the ,commission7 shall submit to ,congress a strategic development plan that identifies key state-of-good-repair1 capacity expansion1 and capital improvement projects planned for the ,northeast ,corridor1 to upgrade aging infrastructure and improve the reliability1 capacity1 connectivity1 performance1 and resiliency of passenger rail service on the ,northeast ,corridor4 7#b7 ,contents ,the strategic development plan required under paragraph 7#a7 shall-- 7,a7 provide a coordinated and consensus-based plan covering a period of #ae years2 7,b7 identify service objectives and capital investments needs2 7,c7 provide a delivery-constrained strategy that identifies capital investment phasing1 an evaluation of workforce needs1 and strategies for managing resources and mitigating construction impacts on operations2 7,d7 include a financial strategy that identifies funding needs and potential sources and includes an economic impact analysis2 and 7,e7 be updated at least every #e years4 2 7#e7 in subsection 7b7 7as redesignated by paragraph 7#c77-- 7,a7 by striking ,not later than and all that follows through shall and inserting ,not later than ,november #a of each year1 the ,commission shall2 7,b7 in paragraph 7#a77;,a7 by striking a capital investment plan and inserting an annual capital investment plan2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7 by striking and network optimization2 7ii7 in subparagraph 7,b7 by striking and service2 7iii7 in subparagraph 7,c7 by striking first fiscal year after the date on which and inserting fiscal year during which2 7iv7 in subparagraph 7,d7 by striking identify1 prioritize1 and all that follows through and consider and inserting document the projects and programs being undertaken to achieve the service outcomes identified in the ,northeast ,corridor strategic development plan1 once available1 and the asset condition needs identified in the ,northeast ,corridor asset management plans and consider2 and 7v7 in subparagraph 7,e77i7 by striking normalized capital replacement and2 and 7,d7 in paragraph 7#c77;,b7 by striking expected allocated shares of costs and inserting status of cost sharing agreements2 7#f7 in subsection 7c7 7as redesignated by paragraph 7#c77 by striking may be spent only on and all that follows through the end and inserting may be spent only on capital projects and programs contained in the ,commission's capital investment plan from the previous year42 and 7#g7 by striking subsection 7d7 and inserting the following3 7d7 ,review and coordination ,the ,commission shall gather information from ,amtrak1 the ,states in which the ,northeast ,corridor is located1 and commuter rail authorities to support development of the capital investment plan4 ,the ,commission may specify a format and other criteria for the information submitted4 ,submissions to the plan from ,amtrak1 ,states in which the ,northeast ,corridor are located1 and commuter rail authorities shall be provided to the ,commission in a manner that allows for a reasonable period of review by1 and coordination with1 affected agencies4 7e7 ,northeast corridor asset management ,with regard to existing infrastructure1 ,amtrak and other infrastructure owners that provide or support intercity rail passenger transportation on the ,northeast ,corridor shall develop an asset management system1 and use and update such system as necessary1 to develop submissions to the ,northeast ,corridor capital investment plan described in subsection 7b74 ,such system shall-- 7#a7 be consistent with the ,federal ,transit ,administration process1 as authorized under section #ecbf1 when implemented2 and 7#b7 include1 at a minimum-- 7,a7 an inventory of all capital assets owned by the developer of the plan2 7,b7 an assessment of asset condition2 7,c7 a description of the resources and processes necessary to bring or maintain those assets in a state of good repair2 and 7,d7 a description of changes in asset condition since the previous version of the plan4 4 7b7 ,conforming amendments 7#a7 ,accounts ,section #bdcag7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,b7 by striking #bdijd7;a77#b77;,e7 and inserting #bdijd7;b77#b77;,e72 and 7,b7 in subparagraph 7,f7 by striking #bdijd7;b7 and inserting #bdijd7;c74 7#b7 ,federal-,state partnership for state of good repair ,section #bdiaa7;e77#b7 of title #di1 ,united ,states ,code1 is amended by striking #bdijd7;a7 and inserting #bdijd7;b74 #icjc4 ,protective arrangements ,section #bbije of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b77;,b7 by striking that are equivalent to the protective arrangements established under section #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hcf7 and inserting established by the ,secretary under subsection 7e77#a72 7#b7 by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively2 and 7#c7 by inserting after subsection 7d7 the following3 7e7 ,equivalent employee protections 7#a7 ,establishment ,not later than #ij days after the date of enactment of this subsection1 the ,administrator of the ,federal ,railroad ,administration shall establish protective arrangements equivalent to those established under section #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hcf71 and require such protective arrangements to apply to employees described under subsection 7c77#b77;,b7 and as required under subsection 7j7 of section #bbijg4 7#b7 ,publication ,the ,administrator shall make available on a publicly available website the protective arrangements established under paragraph 7#a74 4 #icjd4 ,high-speed rail funds 7a7 ,in general ,notwithstanding any other provision of law and not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall reinstate any cooperative agreement terminated after ,january #a1 #bjai that was originally entered into under the heading ,capital ,assistance for ,high ,speed ,rail ,corridors and ,intercity ,passenger ,rail ,service in the ,department of ,transportation ,appropriations ,act1 #bjaj 7,public ,law #aaa-aag74 7b7 ,inclusion ,the reinstatement under subsection 7a7 shall include the obligation to such agreement of all of the funds obligated to such agreement as of the date of termination of such agreement4 7c7 ,grant conditions ,the reinstatement under subsection 7a7 shall include all grant conditions required under such agreement1 including section #bbije7;c77#b77;,a7 of title #di1 ,united ,states ,code1 as of the date of termination of such agreement4 ,,iv ,commuter ,rail ,policy #idja4 ,surface ,transportation ,board mediation of trackage use requests ,section #bhejb of title #di1 ,united ,states ,code1 is amended to read as follows3 #bhejb4 ,surface ,transportation ,board mediation of trackage use requests ,a rail carrier shall provide good faith consideration to a reasonable request from a provider of commuter rail passenger transportation for access to trackage and provision of related services4 ,if1 after a reasonable period of negotiation1 a public transportation authority cannot reach agreement with a rail carrier to use trackage of1 and have related services provided by1 the rail carrier for purposes of commuter rail passenger transportation1 the public transportation authority or the rail carrier may apply to the ,board for nonbinding mediation4 ,in any case in which dispatching for the relevant trackage is controlled by a rail carrier other than the trackage owner1 both shall be subject to the requirements of this section and included in the ,board's mediation process4 ,the ,board shall conduct the nonbinding mediation in accordance with the mediation process of section #aaji4d of title #di1 ,code of ,federal ,regulations1 as in effect on the date of enactment of the ,,train ,act4 4 #idjb4 ,surface ,transportation ,board mediation of rights-of-way use requests ,section #bhejc of title #di1 ,united ,states ,code1 is amended to read as follows3 #bhejc4 ,surface ,transportation ,board mediation of rights-of-way use requests ,a rail carrier shall provide good faith consideration to a reasonable request from a provider of commuter rail passenger transportation for access to rail right-of-way for the construction and operation of a segregated fixed guideway facility4 ,if1 after a reasonable period of negotiation1 a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation1 the public transportation authority or the rail carrier may apply to the ,board for nonbinding mediation4 ,in any case in which dispatching for the relevant trackage is controlled by a rail carrier other than the right-of-way owner1 both shall be subject to the requirements of this section and included in the ,board's mediation process4 ,the ,board shall conduct the nonbinding mediation in accordance with the mediation process of section #aaji4d of title #di1 ,code of ,federal ,regulations1 as in effect on the date of enactment of the ,,train ,act4 4 #idjc4 ,chicago ,union ,station improvement plans 7a7 ,one-,year capital improvement plan 7#a7 ,in general ,not later than #ij days after the conclusion of the ,surface ,transportation ,board proceeding in the petition by ,amtrak for a proceeding pursuant to section #bdijc7;c77#b7 of title #di1 ,united ,states ,code 7,docket ,no4 ,,fd #cfccb71 ,amtrak and ,metra shall enter into an agreement for a one-year capital improvement plan for ,chicago ,union ,station4 7#b7 ,extension ,the deadline under paragraph 7#a7 may be extended with the consent of both ,amtrak and ,metra4 7#c7 ,submission of plan ,amtrak and ,metra shall transmit the one-year capital improvement plan to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7b7 ,five-,year capital improvement plan 7#a7 ,in general ,not later than #ahj days after the date on which ,amtrak and ,metra enter into the agreement under subsection 7a71 ,amtrak shall enter into an agreement with ,metra for a #e-year capital improvement plan for ,chicago ,union ,station4 7#b7 ,extension ,the deadline required under paragraph 7#a7 may be extended with the consent of both ,amtrak and ,metra4 7#c7 ,submission of plan ,amtrak and ,metra shall transmit the #e-year capital improvement plan to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7c7 ,contents ,the capital improvement plans required under subsections 7a7 and 7b7 shall identify the projects that ,amtrak and ,metra agree to implement at ,chicago ,union ,station within the timeframe of each such plan1 including projects that improve-- 7#a7 areas considered outside the glass such as tracks1 platforms switches1 and other rail infrastructure2 7#b7 facilities for ,amtrak and ,metra crew2 and 7#c7 the operations of ,chicago ,union ,station1 such as the dispatching of commuter and intercity passenger trains out of ,chicago ,union ,station4 7d7 ,annual progress report ,not later than #a year after the date on which ,amtrak and ,metra enter into an agreement required under subsection 7b71 and annually thereafter for #e years1 ,amtrak and ,metra shall jointly submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing the progress ,amtrak and ,metra have made in implementing the plan required under subsection 7b74 7e7 ,definitions ,in this section3 7#a7 ,chicago ,union ,station ,the term ,chicago ,union ,station means the passenger train station located at #bbe ,south ,canal ,street1 ,chicago1 ,illinois #fjfjf1 and its associated facilities4 7#b7 ,metra ,the term ,metra means the ,northeast ,illinois ,regional ,commuter ,railroad ,corporation4 ,v ,rail ,safety ,a ,passenger and ,freight ,safety #ieja4 ,national ,academies study on safety impact of trains longer than #g1ejj feet 7a7 ,study ,the ,secretary of ,transportation shall seek to enter into an agreement with the ,national ,academies to conduct a study and issue to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the safety impacts of freight trains longer than #g1ejj feet4 7b7 ,contents ,the study conducted pursuant to subsection 7a7 shall include-- 7#a7 an examination of any potential risks of the operation of such trains and recommendations on mitigation of such risks2 7#b7 among other safety factors with respect to such trains1 an evaluation of-- 7,a7 any increased risk of loss of communications between the end of train device and the locomotive cab1 including communications over differing terrains and conditions2 7,b7 any increased risk of loss of communications between crewmembers1 including communications over differing terrains and conditions2 7,c7 any increased risk of derailments1 including risks associated with in-train compressive forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions2 7,d7 safety risks associated with the deployment of multiple distributed power units in the consists of such trains2 and 7,e7 impacts of the length of trains on braking and locomotive performance and track wear and tear2 and 7#c7 an evaluation of whether additional engineer and conductor training is required for safely operating such trains4 7c7 ,report ,not later than #bd months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the study4 7d7 ,funding ,from the amounts made available for fiscal year #bjba to carry out section #bjaag7;a7 of title #di1 ,united ,states ,code1 the ,secretary shall expend not less than #a1jjj1jjj and not more than #b1jjj1jjj to carry out the study required under subsection 7a74 #iejb4 ,,gao study on changes in freight railroad operating and scheduling practices 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall study the impact on freight rail shippers1 ,amtrak1 commuter railroads1 railroad employees1 and other affected parties of changes in freight railroad operating and scheduling practices as a result of the implementation of the precision scheduled railroading model4 7b7 ,contents ,at minimum1 the study shall examine-- 7#a7 the impacts of the operation of longer trains2 7#b7 safety impacts of reduction in workforce1 including occupational injury rates1 impacts to inspection frequencies and repair quality1 and changes in workforce demands2 7#c7 the elimination or downsizing of yards1 repair facilities1 and other operational facilities2 7#d7 increases in demurrage or accessorial charges or other costs to shippers2 7#e7 capital expenditures for rail infrastructure2 and 7#f7 the effect of changes to dispatching practices and locations of dispatching centers on-- 7,a7 the on-time performance of passenger trains2 and 7,b7 the quality and reliability of service to freight shippers4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report summarizing the study and the results of such study1 including recommendations for addressing any negative impacts of precision scheduled railroading on freight shippers or passenger railroads4 #iejc4 ,,fra safety reporting 7a7 ,in general ,section #bjija of title #di1 ,united ,states ,code1 is amended by inserting 7including the train length1 the number of crew members on board the train1 and the duties of such crew members7 after reported accident or incident4 7b7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to carry out the amendment made by subsection 7a74 #iejd4 ,waiver notice requirements ,section #bjajc7;d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7d7 ,nonemergency waivers 7#a7 ,in general ,the ,secretary may waive compliance with any part of a regulation prescribed or order issued under this chapter if the waiver is in the public interest and consistent with railroad safety4 7#b7 ,notice required ,the ,secretary shall-- 7,a7 provide timely public notice of any request for a waiver under this subsection2 7,b7 make the application for such waiver and any related underlying data available to interested parties2 7,c7 provide the public with notice and a reasonable opportunity to comment on a proposed waiver under this subsection before making a final decision2 and 7,d7 make public the reasons for granting a waiver under this subsection4 7#c7 ,information protection ,nothing in this subsection shall be construed to require the release of information protected by law from public disclosure4 4 #ieje4 ,notice of ,,fra comprehensive safety assessments 7a7 ,initial notice ,not later than #aj business days after the ,federal ,railroad ,administration initiates a comprehensive safety assessment of an entity providing regularly scheduled intercity or commuter rail passenger transportation1 the ,federal ,railroad ,administration shall notify in electronic format the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and each member of ,congress representing a ,state in which the service that is the subject of the assessment being conducted is located1 of the initiation of such assessment4 7b7 ,findings ,not later than #ij days after completion of a comprehensive safety assessment described in subsection 7a71 the ,federal ,railroad ,administration shall transmit in electronic format to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and to each member of ,congress representing a ,state in which the service that is the subject of the assessment being conducted is located1 the findings of such assessment1 including identified defects and any recommendations4 7c7 ,definition of comprehensive safety assessment ,in this section1 the term comprehensive safety assessment means a focused review of the safety-related processes and procedures1 compliance with safety regulations and requirements1 and overall safety culture of an entity providing regularly scheduled intercity or commuter rail passenger transportation4 #iejf4 ,,fra accident and incident investigations ,section #bjijb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by striking subpena and inserting subpoena2 and 7#b7 by adding at the end the following3 7d7 ,gathering information and technical expertise 7#a7 ,in general ,the ,secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate to1 and how to-- 7,a7 gather information about an accident or incident under investigation from railroad carriers1 contractors or employees of railroad carriers or representatives of employees of railroad carriers1 and others1 as determined relevant by the ,secretary2 and 7,b7 consult with railroad carriers1 contractors or employees of railroad carriers or representatives of employees of railroad carriers1 and others1 as determined relevant by the ,secretary1 for technical expertise on the facts of the accident or incident under investigation4 7#b7 ,confidentiality ,in developing the process under paragraph 7#a71 the ,secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph 7#a7 if-- 7,a7 such entity requests confidentiality2 7,b7 such entity was not involved in the accident or incident2 and 7,c7 maintaining such entity's confidentiality does not adversely affect an investigation of the ,federal ,railroad ,administration4 7#c7 ,application of law ,this subsection shall not apply to any investigation carried out by the ,national ,transportation ,safety ,board4 4 #iejg4 ,rail safety improvements 7a7 ,federal railroad administration requirements ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall carry out the following3 7#a7 ,complete a study on how signage can be used to improve safety in the rail industry that includes-- 7,a7 a review of how signs used for other modes of transportation may be effectively used in the rail industry2 7,b7 a review of how signs used in the railroad industry differ2 and 7,c7 an analysis of whether a uniform system for speed signs across the ,united ,states rail system would benefit the railroad industry and improve safety4 7#b7 ,reevaluate seat securement mechanisms and the susceptibility of such mechanisms to inadvertent rotation1 and identify a means to prevent the failure of such mechanisms to maintain seat securement4 7#c7 ,conduct research to evaluate the causes of passenger injuries in passenger railcar derailments and overturns and evaluate potential methods for mitigating such injuries4 7#d7 ,based on the research conducted under paragraph 7#c71 develop occupant protection standards for passenger railcars that will mitigate passenger injuries likely to occur during derailments and overturns4 7#e7 ,develop policies for the safe use of child seats to prevent uncontrolled or unexpected movements in intercity passenger trains from disrupting the secure position of such seats4 7b7 ,requirements for ,amtrak ,not later than #ah months after the date of enactment of this ,act1 ,amtrak shall-- 7#a7 ensure operating crewmembers demonstrate proficiency1 under daylight and nighttime conditions1 on the physical characteristics of a territory by using all resources available1 including in-cab instruments1 observation rides1 throttle time1 signage1 signals1 and landmarks2 7#b7 ensure the proficiency required under paragraph 7#a7 is demonstrated on written examinations2 7#c7 revise classroom and road training programs to ensure that operating crews fully understand all locomotive operating characteristics1 alarms1 and the appropriate response to abnormal conditions2 7#d7 when possible1 require that all engineers undergo simulator training-- 7,a7 before operating new or unfamiliar equipment 7at a minimum1 experience and respond properly to all alarms72 and 7,b7 to experience normal and abnormal conditions on new territory before operating in revenue service on such new territory2 7#e7 ensure that simulator training specified in paragraph 7#d7 supplements the hours engineers spend training on new equipment before becoming certified on such equipment and performing runs on new territory before becoming qualified on such territory2 7#f7 implement a formal1 systematic approach to developing training and qualification programs to identify the most effective strategies for preparing crewmembers to safely operate new equipment on new territories2 7#g7 work in consultation with host railroad carriers and ,states that own infrastructure over which ,amtrak operates to complete a comprehensive assessment of the territories to ensure that necessary wayside signs and plaques are identified1 highly noticeable1 and strategically located to provide operating crews the information needed to safely operate trains2 7#h7 update the safety review process to ensure that all operating documents are up to date and accurate before initiating new or revised revenue operations2 7#i7 incorporate all prerevenue service planning1 construction1 and route verification work into the scope of a corporate-wide system safety plan1 including through rules and policies1 risk assessment analyses1 safety assurances1 and safety promotions2 and 7#aj7 conduct risk assessments on all new or upgraded services that occur on ,amtrak-owned territory1 host railroads1 or in ,states that own infrastructure over which ,amtrak operates4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary and ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on their progress on meeting the requirements under subsections 7a7 and 7b71 respectively1 including a description of all completed elements of the requirements4 #iejh4 ,annual review of speed limit action plans ,section #aadjf of the ,,fast ,act 7,public ,law #aad-id7 is amended-- 7#a7 in subsection 7c7 by inserting or subsection 7d77#b7 after subsection 7b72 7#b7 by redesignating subsections 7d7 through 7f7 as subsections 7e7 through 7g71 respectively2 7#c7 by inserting after subsection 7c7 the following3 7d7 ,periodic reviews and updates ,each railroad carrier that files an action plan under subsection 7b7 shall-- 7#a7 not later than #a year after the date of enactment of the ,,train ,act1 and annually thereafter1 review such plan to ensure the effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under subsection 7b77#a72 and 7#b7 not later than #ij days prior to implementing any operational or territorial operating change1 including initiating a new service or route1 submit to the ,secretary a revised action plan that addresses such operational or territorial operating change4 2 and 7#d7 by adding at the end the following3 7h7 ,prohibition ,no new intercity rail passenger transportation or commuter rail passenger service may begin operation unless the railroad carrier providing such service is in compliance with this section4 4 #ieji4 ,freight train crew size safety standards 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjafi4 ,freight train crew size safety standards 7a7 ,minimum crew size ,no freight train may be operated unless such train has a crew of at least one appropriately qualified and certified conductor and one appropriately qualified and certified engineer4 7b7 ,exceptions ,except as provided in subsection 7d71 the prohibition in subsection 7a7 shall not apply in any of the following circumstances3 7#a7 ,train operations within a rail yard or terminal area or on auxiliary or industry tracks4 7#b7 ,a train operated-- 7,a7 by a railroad carrier that has fewer than #djj1jjj total employee work hours annually and less than #dj1jjj1jjj annual revenue 7adjusted for inflation as measured by the ,surface ,transportation ,board ,railroad ,inflation-,adjusted ,index72 7,b7 at a speed of not more than #be miles per hour2 and 7,c7 on a track with an average track grade of less than #b percent for any segment of track that is at least #b continuous miles4 7#c7 ,locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain1 including traveling to or from the location where assistance is provided4 7#d7 ,locomotives that-- 7,a7 are not attached to any equipment or attached only to a caboose2 and 7,b7 do not travel farther than #cj miles from a rail yard4 7#e7 ,train operations staffed with fewer than a two-person crew at least #a year prior to the date of enactment of this section1 if the ,secretary determines that the operation achieves an equivalent level of safety4 7c7 ,trains ineligible for exception ,the exceptions under subsection 7b7 may not be applied to-- 7#a7 a train transporting #a or more loaded cars carrying material toxic by inhalation1 as defined in section #aga4h of title #di1 ,code of ,federal ,regulations2 7#b7 a train carrying #bj or more loaded tank cars of a ,class #b material or a ,class #c flammable liquid in a continuous block or a single train carrying #ce or more loaded tank cars of a ,class #b material or a ,class #c flammable liquid throughout the train consist2 and 7#c7 a train with a total length of #g1ejj feet or greater4 7d7 ,waiver ,a railroad carrier may seek a waiver of the requirements of this section pursuant to section #bjajc7;d74 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjafi4 ,freight train crew size safety standards4 4 #ieaj4 ,safe cross border operations 7a7 ,in general ,section #daf title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajg note7 is amended-- 7#a7 by striking ,mechanical and brake and inserting 7a7 ,in general4--,mechanical and brake2 and 7#b7 by adding at the end the following3 7b7 ,waiver ,the ,secretary may not grant any waiver or waiver modification that provides for the ability to perform mechanical or brake inspections of rail cars in ,mexico in lieu of complying with the certification requirements of this section4 4 7b7 ,safety standards for certain rail crews 7#a7 ,in general ,title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb7 is amended by adding at the end the following3 #dba4 ,safety standards for certain rail crews 7a7 ,in general ,the ,secretary of ,transportation may not permit covered rail employees to enter the ,united ,states to perform train or dispatching service unless the ,secretary certifies that-- 7#a7 ,mexico has adopted and is enforcing safety standards for covered rail employees that are equivalent to1 or greater than1 those applicable to railroad employees whose primary reporting point is in the ,united ,states1 including qualification and certification requirements under parts #bdj and #bdb of title #di1 ,code of ,federal ,regulations2 7#b7 covered rail employees are subject to the alcohol and drug testing requirements in part #bai of title #di1 ,code of ,federal ,regulations1 including the requirements of subparts ,f1 ,g1 and ,h of such part1 to the same extent as such requirements apply to railroad employees whose primary reporting point is in the ,united ,states and who are subject to such part2 7#c7 covered rail employees are subject to hours of service requirements under section #baajc of title #di1 ,united ,states ,code1 at all times any such employee is on duty1 regardless of location2 7#d7 covered rail employees are subject to the motor vehicle driving record evaluation requirements in section #bdj4aae of title #di1 ,code of ,federal ,regulations1 to the same extent as such requirements apply to railroad employees whose primary reporting point is in the ,united ,states and are subject to such section1 and that such evaluation includes driving records from the same country as the employee's primary reporting point2 and 7#e7 the ,federal ,railroad ,administration is permitted to perform onsite inspections of rail facilities in ,mexico to ensure compliance with paragraphs 7#a7 and 7#b74 7b7 ,notice required 7#a7 ,in general ,not later than #e days after the date on which the ,secretary certifies each of the requirements under paragraphs 7#a7 through 7#e7 of subsection 7a71 the ,secretary shall publish in the ,federal ,register-- 7,a7 notice of each such certification2 and 7,b7 documentation supporting each such certification4 7#b7 ,public comment ,to ensure compliance with the requirements of this section and any other applicable safety requirements1 the ,secretary shall-- 7,a7 allow for public comment on the notice required under paragraph 7#a72 and 7,b7 hold a public hearing on such notice4 7#c7 ,congressional notice ,on the date on which each publication required under paragraph 7#a7 is published in the ,federal ,register1 the ,secretary shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate of such publication4 7c7 ,drug and alcohol testing 7#a7 ,nonapplication of exemption ,for purposes of compliance with subsection 7a77#b71 the exemption contained in part #bai4c7;d77#b7 of title #di1 ,code of ,federal ,regulations1 shall not apply4 7#b7 ,audit by ,office of ,drug and ,alcohol ,compliance ,to ensure compliance with the drug and alcohol testing programs described in subsection 7a77#b71 the ,office of ,drug and ,alcohol ,compliance in the ,department of ,transportation shall conduct an annual audit of such programs and recommend enforcement actions as needed4 7d7 ,definition of covered rail employee ,in this section1 the term covered rail employee means a railroad employee whose primary reporting point is in ,mexico4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb71 is amended by inserting after the item relating to section #dbj the following3 ,sec4 #dba4 ,safety standards for certain rail crews4 4 #ieaa4 ,yardmasters hours of service 7a7 ,limitations on duty hours of yardmaster employees ,section #baajc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by inserting and yardmaster employees after train employees2 7#b7 by inserting or yardmaster employee after train employee each place it appears2 and 7#c7 in subsection 7e7 by inserting or yardmaster employee's after ,during a train employee's4 7b7 ,definitions ,section #baaja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c7 by inserting a yardmaster employee1 after dispatching service employee12 and 7#b7 by adding at the end the following3 7#f7 yardmaster employee means an individual responsible for supervising and coordinating the control of trains and engines operating within a rail yard4 4 7c7 ,conforming amendment ,the analysis for chapter #baa of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #baajc and inserting the following3 #baajc4 ,limitations on duty hours of train employees and yardmaster employees4 4 #ieab4 ,leaking brakes 7a7 ,in general ,the ,administrator of the ,federal ,railroad ,administration shall take such actions as are necessary to ensure that no air brake control valve 7defined in this section as an air brake control valve that was subject to the circular letter issued by the ,association of ,american ,railroads issued on ,october #be1 #bjac 7,c-#abjbg77 manufactured before ,january #a1 #bjjf1 is equipped on a rail car operating on-- 7#a7 a unit train north of the #cgth parallel on or after ,august #a1 #bjbb2 or 7#b7 a non-unit train north of the #cgth parallel on or after ,august #a1 #bjbd4 7b7 ,reports ,not later than #a year after the date of enactment of this ,act1 and every year thereafter until brake valves described in subsection 7a7 are no longer operating on rail cars as required under subsection 7a71 the ,administrator shall transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that identifies-- 7#a7 the estimated number of such brake valves on rail cars operating on-- 7,a7 unit trains north of the #cgth parallel2 and 7,b7 non-unit trains north of the #cgth parallel2 7#b7 any issues affecting the industry's progress toward ensuring that such brake valves are phased out in accordance with the requirements of subsection 7a72 and 7#c7 efforts the ,administrator has taken since the previous report to ensure such brake valves are phased out in accordance with the requirements of subsection 7a74 7c7 ,additional valves ,if the ,administrator determines that air brake control valves not covered under subsection 7a7 demonstrate leakage in low temperatures similar to the leakage exhibited by the air brake control valve identified in subsection 7a71 the ,administrator shall ensure that the air brake control valves determined to be demonstrating leakage under this subsection are phased out in accordance with the requirements of subsection 7a74 #ieac4 ,annual report on ,,ptc system failures ,section #bjaeg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 ,annual report of system failures ,not later than ,april #af of each calendar year following the date of an implementation deadline under subsection 7a77#a71 each railroad shall submit to the ,secretary a report containing the number of positive train control system failures1 separated by each major hardware category1 that occurred during the previous calendar year4 4 #iead4 ,fatigue reduction pilot projects 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 maintaining the highest level of safety across the nation's railroad network is of critical importance2 7#b7 ensuring the safety of rail transportation requires the full attention of all workers engaged in safety-critical functions2 7#c7 fatigue degrades an individual's ability to stay awake1 alert1 and attentive to the demands of safe job performance2 7#d7 the cognitive impairments to railroad workers that result from fatigue can cause dangerous situations that put workers and communities at risk2 7#e7 the ,rail ,safety ,improvement ,act of #bjjh mandated that the ,federal ,railroad ,administration conduct two pilot projects to analyze specific practices that may be used to reduce fatigue in employees and as of the date of enactment of this ,act1 neither pilot project has commenced2 and 7#f7 the ,federal ,railroad ,administration should coordinate with the industry and the workforce to commence and complete the fatigue pilot projects mandated in #bjjh4 7b7 ,pilot projects ,section #baaji7;e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,not later than #b years after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh and inserting ,not later than #a year after the date of enactment of the ,,train ,act2 and 7#b7 by adding at the end the following3 7#c7 ,coordination ,the pilot projects required under paragraph 7#a7 shall be developed and evaluated in coordination with the labor organization representing the class or craft of employees impacted by the pilot projects4 4 7c7 ,reimbursement ,the ,secretary of ,transportation may reimburse railroads participating in the pilot projects under #baaji7;e7 of title #di1 ,united ,states ,code1 a share of the costs associated with the pilot projects1 as determined by the ,secretary4 7d7 ,report 7#a7 ,in general ,if the pilot projects required under section #baaji7;e7 of title #di1 ,united ,states ,code1 have not commenced on the date that is #a year after the date of enactment of this ,act1 the ,secretary shall1 not later than #a year and #cj days after the date of enactment of this ,act1 transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing-- 7,a7 the status of the pilot projects2 7,b7 actions the ,federal ,railroad ,administration has taken to commence the pilot projects1 including efforts to recruit participant railroads2 7,c7 any challenges impacting the commencement of the pilot projects2 and 7,d7 any other details associated with the development of the pilot projects that affect the progress toward meeting the mandate of such section4 #ieae4 ,assault prevention and response plans 7a7 ,amendment ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagj4 ,assault prevention and response plans 7a7 ,in general ,not later than #ahj days after the date of enactment of the ,,train ,act1 any entity that provides regularly scheduled intercity or commuter rail passenger transportation shall submit to the ,secretary of ,transportation for review and approval an assault prevention and response plan 7in this section referred to as the ,plan7 to address transportation assaults4 7b7 ,contents of plan ,the ,plan required under subsection 7a7 shall include-- 7#a7 procedures that-- 7,a7 facilitate the reporting of a transportation assault1 including the notification of on-site personnel1 rail law enforcement1 and local law enforcement2 7,b7 personnel should follow up on the reporting of a transportation assault1 including actions to protect affected individuals from continued assault2 7,c7 may be taken to remove the passenger or personnel who has committed a transportation assault from the train or related area or facility as soon as practicable when appropriate2 7,d7 include protections and safe reporting practices for passengers who may have been assaulted by personnel2 and 7,e7 may limit or prohibit1 to the extent practicable1 future travel with the entity described in subsection 7a7 by any passenger or personnel who commits a transportation assault against personnel or passengers2 7#b7 a policy that ensures an employee who is a victim or witness of a transportation assault may participate in the prosecution of a criminal offense of such assault without any adverse effect on the victim's or witnesses' employment status2 and 7#c7 a process and timeline for conducting an annual review and update of the ,plan4 7c7 ,notice to passengers ,an entity described under subsection 7a7 shall display onboard trains and in boarding areas1 as appropriate1 a notice stating the entity's abilities to restrict future travel under subsection 7b77#a77;,e74 7d7 ,personnel training ,an entity described under subsection 7a7 shall provide initial and annual training for all personnel on the contents of the ,plan1 including training regarding-- 7#a7 the procedures described in subsection 7b72 7#b7 methods for responding to hostile situations1 including de-escalation training2 and 7#c7 rights and responsibilities of personnel with respect to a transportation assault on themselves1 other personnel1 or passengers4 7e7 ,personnel participation ,the ,plan required under subsection 7a7 shall be developed and implemented with the direct participation of personnel1 and1 as applicable1 labor organizations representing personnel4 7f7 ,reporting 7#a7 ,incident notification 7,a7 ,in general ,not later than #aj days after a transportation assault incident1 the applicable entity described in subsection 7a7 shall notify personnel employed at the location in which the incident occurred4 ,in the case of an incident on a vehicle1 such entity shall notify personnel regularly scheduled to carry out employment activities on the service route on which the incident occurred4 7,b7 ,content of incident report ,the notification required under paragraph 7#a7 shall-- 7i7 include a summary of the incident2 and 7ii7 be written in a manner that protects the confidentiality of individuals involved in the incident4 7#b7 ,annual report ,for each calendar year1 each entity with respect to which a transportation assault incident has been reported during such year shall submit to the ,secretary report that describes-- 7,a7 the number of assault incidents reported to the entity1 including-- 7i7 the number of incidents committed against passengers2 and 7ii7 the number of incidents committed against personnel2 and 7,b7 the number of assault incidents reported to rail or local law enforcement by personnel of the entity4 7#c7 ,publication ,the ,secretary shall make available to the public on the primary website of the ,federal ,railroad ,administration the data collected under paragraph 7#b74 7#d7 ,data protection ,data made available under this subsection shall be made available in a manner that protects the confidentiality of individuals involved in transportation assault incidents4 7g7 ,definition of transportation assault ,in this section1 the term transportation assault means the occurrence1 or reasonably suspected occurrence1 of an act that-- 7#a7 constitutes assault2 7#b7 is committed by a passenger or member of personnel of an entity that provides regularly scheduled intercity or commuter rail passenger transportation against another passenger or member of personnel of such entity2 and 7#c7 takes place-- 7,a7 within a vehicle of such entity2 or 7,b7 in an area in which passengers are entering or exiting a vehicle described in subparagraph 7,a72 or 7,c7 a station or facility where such entity operates1 regardless of ownership of the station or facility4 4 7b7 ,conforming amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagj4 ,assault prevention and response plans4 4 #ieaf4 ,critical incident stress plans ,the ,secretary of ,transportation shall issue such regulations as are necessary to amend part #bgb of title #di1 ,code of ,federal ,regulations1 to ensure that-- 7#a7 the coverage of a critical incident stress plan under section #bgb4g of such part includes employees of commuter railroads and intercity passenger railroads1 as such terms are defined in section #bgb4i of such part1 who directly interact with passengers2 and 7#b7 assault and the witnessing of an assault against an employee or train passenger is included in the definition of critical incident under section #bgb4i of such part4 #ieag4 ,study on safety culture assessments 7a7 ,in general ,the ,administrator of the ,federal ,railroad ,administration shall conduct a study on the feasibility of expanding railroad safety culture assessments and training to include assessments and training for workers employed by tourist railroads1 passenger railroads1 and commuter railroads4 7b7 ,contents of study ,the study required under subsection 7a7 shall include-- 7#a7 an analysis on the need for the expansion2 7#b7 the resources required to carry out the additional assessments and training2 and 7#c7 other potential safety challenges the initiative could address4 7c7 ,report ,the ,federal ,railroad ,administration shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the study conducted under subsection 7a74 ,b ,grade ,crossing ,safety #ieea4 ,grade crossing separation grants 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjaga4 ,grade crossing separation grants 7a7 ,general authority ,the ,secretary of ,transportation shall make grants under this section to eligible entities to assist in financing the cost of highway-rail grade separation projects4 7b7 ,application requirements ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application in such form1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 an agreement between the entity that owns or controls the right-of-way and the applicant addressing access to right-of-way throughout the project2 and 7#b7 a cost-sharing agreement with the funding amounts that the entity that owns or controls the right-of-way shall contribute to the project1 which shall be not less than #aj percent of the total project cost4 7c7 ,eligible projects ,the following projects are eligible to receive a grant under this section3 7#a7 ,installation1 repair1 or improvement of grade crossing separations4 7#b7 ,grade crossing elimination incidental to eligible grade crossing separation projects4 7#c7 ,project planning1 development1 and environmental work related to a project described in paragraph 7#a7 or 7#b74 7d7 ,project selection criteria 7#a7 ,large projects ,of amounts made available to carry out this section1 not more than #ej percent shall be available for projects with total costs of #ajj1jjj1jjj or greater4 7#b7 ,considerations ,in awarding grants under this section1 the ,secretary-- 7,a7 shall give priority to projects that maximize the safety benefits of ,federal funding2 and 7,b7 may evaluate applications on the safety profile of the existing crossing1 #aj-year history of accidents at such crossing1 inclusion of the proposed project on a grade crossing safety action plan1 average automobile traffic1 freight and passenger train traffic1 average daily number of crossing closures1 the challenges of grade crossings located near international borders1 and proximity of community resources1 including schools1 hospitals1 fire stations1 police stations1 and emergency medical service facilities4 7e7 ,federal share of total project costs 7#a7 ,total project costs ,the ,secretary shall estimate the total costs of a project under this section based on the best available information1 including any available engineering studies1 studies of economic feasibility1 environmental analysis1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share for a project carried out under this section shall not exceed #he percent4 7f7 ,grant conditions ,an eligible entity may not receive a grant for a project under this section unless such project is in compliance with section #bbije1 except that #bbije7;b7 shall only apply to a person that conducts rail operations4 7g7 ,two-,year letters of intent 7#a7 ,in general ,the ,secretary shall1 to the maximum extent practicable1 issue a letter of intent to a recipient of a grant under subsection 7d77#a7 that-- 7,a7 announces an intention to obligate for no more than #b years1 for a major capital project under subsection 7d77#a71 an amount that is not more than the amount stipulated as the financial participation of the ,secretary for the project2 and 7,b7 states that the contingent commitment-- 7i7 is not an obligation of the ,federal ,government2 and 7ii7 is subject to the availability of appropriations for grants under this section and subject to ,federal laws in force or enacted after the date of the contingent commitment4 7#b7 ,congressional notification 7,a7 ,in general ,not later than #c days before issuing a letter of intent under paragraph 7#a71 the ,secretary shall submit written notification to-- 7i7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7ii7 the ,committee on ,appropriations of the ,house of ,representatives2 7iii7 the ,committee on ,appropriations of the ,senate2 and 7iv7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7,b7 ,contents ,the notification submitted under subparagraph 7,a7 shall include-- 7i7 a copy of the letter of intent2 7ii7 the criteria used under subsection 7b7 for selecting the project for a grant2 and 7iii7 a description of how the project meets such criteria4 7h7 ,appropriations required ,an obligation or administrative commitment may be made under subsection 7g7 only after amounts are appropriated for such purpose4 7i7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a public agency or publicly chartered authority2 7,c7 a metropolitan planning organization2 7,d7 a political subdivision of a ,state2 and 7,e7 a ,tribal government4 7#b7 ,metropolitan planning organization ,the term metropolitan planning organization has the meaning given such term in section #acd7;b7 of title #bc4 7#c7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjaga4 ,grade crossing separation grants4 4 #ieeb4 ,rail safety public awareness grants 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagb4 ,rail safety public awareness grants 7a7 ,grant ,the ,administrator of the ,federal ,railroad ,administration shall make grants to eligible entities to carry out public information and education programs to help prevent and reduce rail-related pedestrian1 motor vehicle1 and other accidents1 incidents1 injuries1 and fatalities1 and to improve awareness along railroad rights-of-way and at railway-highway grade crossings4 7b7 ,application ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,administrator an application in such form1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,contents ,programs eligible for a grant under this section-- 7#a7 shall include1 as appropriate-- 7,a7 development1 placement1 and dissemination of public service announcements in appropriate media2 7,b7 school presentations1 driver safety education1 materials1 and public awareness campaigns2 and 7,c7 disseminating information to the public on how to identify and report to the appropriate authorities unsafe or malfunctioning highway-rail grade crossings2 and 7#b7 may include targeted and sustained outreach in communities at greatest risk to develop measures to reduce such risk4 7d7 ,coordination ,eligible entities shall coordinate program activities with local communities1 law enforcement and emergency responders1 and rail carriers1 as appropriate1 and ensure consistency with ,state highway-rail grade crossing action plans required under section #aadja7;b7 of the ,,fast ,act 7#di ,u4,s4,c4 #bbeja note7 and the report titled ,national ,strategy to ,prevent ,trespassing on ,railroad ,property issued by the ,federal ,railroad ,administration in ,october #bjah4 7e7 ,prioritization ,in awarding grants under this section1 the ,administrator shall give priority to applications for programs that-- 7#a7 are nationally recognized2 7#b7 are targeted at schools in close proximity to railroad rights-of-way2 7#c7 partner with nearby railroad carriers2 or 7#d7 focus on communities with a recorded history of repeated pedestrian and motor vehicle accidents1 incidents1 injuries1 and fatalities at highway-rail grade crossings and along railroad rights-of-way4 7f7 ,definitions ,in this section3 7#a7 ,eligible entity the term eligible entity means-- 7,a7 a nonprofit organization2 7,b7 a ,state2 7,c7 a political subdivision of a ,state2 and 7,d7 a public law enforcement agency or emergency response organization4 7#b7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and ,puerto ,rico4 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagb4 ,rail safety public awareness grants4 4 #ieec4 ,establishment of #aj-minute time limit for blocking public grade crossings 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagc4 ,time limit for blocking a rail crossing 7a7 ,time limit ,a train1 locomotive1 railroad car1 or other rail equipment is prohibited from blocking a crossing for more than #aj minutes1 unless the train1 locomotive1 or other equipment is directly delayed by-- 7#a7 a casualty or serious injury2 7#b7 an accident2 7#c7 a track obstruction2 7#d7 an act of ,god2 or 7#e7 a derailment or a major equipment failure that prevents the train from advancing4 7b7 ,civil penalty ,the ,secretary of ,transportation may issue civil penalties for violations of subsection 7a7 in accordance with section #bacja4 7c7 ,delegation ,the ,secretary may delegate enforcement actions under subsection 7b7 to ,states either through a ,state inspector certified by the ,federal ,railroad ,administration1 or other law enforcement officials as designated by the ,states and approved by the ,administration4 ,the ,secretary shall issue guidance or regulations not later than #a year after the date of enactment on the criteria and process for ,states to gain approval under this section4 7d7 ,application to ,amtrak and commuter railroads ,this section shall not apply to ,amtrak or commuter authorities1 including ,amtrak and commuter authorities' operations run or dispatched by a ,class ,i railroad4 7e7 ,definitions ,in this section3 7#a7 ,crossing ,the term crossing means a location within a ,state in which a public highway1 road1 or street1 including associated sidewalks and pathways1 crosses #a or more railroad tracks either at grade or grade-separated4 7#b7 ,blocked crossing ,the term blocked crossing means a circumstance in which a train1 locomotive1 railroad car1 or other rail equipment is stopped in a manner that obstructs public travel at a crossing4 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is further amended by adding at the end the following new item3 #bjagc4 ,time limit for blocking a rail crossing4 4 #ieed4 ,national strategy to address blocked crossings 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on the website of the ,department of ,transportation1 a report containing a national strategy to address blocked crossings4 7b7 ,public law #aaf-id ,the strategy required under subsection 7a7 shall incorporate the recommendations and briefing described in the report accompanying the ,department of ,transportation ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 with respect to the amounts provided under the heading ,federal ,railroad ,administration--,safety and ,operations4 7c7 ,report contents ,the strategy required under subsection 7a7 shall include an analysis of the following topics1 including any specific legislative or regulatory recommendations3 7#a7 ,how best to engage the public1 representatives of labor organizations representing railroad employees1 law enforcement officers1 highway traffic officials1 or other employees of a public agency acting in an official capacity to identify and address blocked crossings4 7#b7 ,how technology and positive train control system data can be used to identify and address instances of blocked crossings4 7#c7 ,how to identify and address instances of blocked crossings at crossings with passive or no warning devices4 7#d7 ,how best to use the data collected under a webpage established by the ,secretary for the public and law enforcement to report instances of blocked crossings1 including whether such data should be verified by each rail carrier or incorporated into the national crossing inventory established under section #bjafj of title #di1 ,united ,states ,code4 7d7 ,updating strategy ,the ,secretary shall evaluate the strategy developed under this section not less than every #e years1 and update it as needed4 7e7 ,definitions ,in this section3 7#a7 ,blocked crossing ,the term blocked crossing means a circumstance in which a train1 locomotive1 railroad car1 or other rail equipment is stopped in a manner that obstructs public travel at a crossing4 7#b7 ,positive train control system ,the term positive train control system has the meaning given the term in section #bjaeg7;i7 of title #di1 ,united ,states ,code4 #ieee4 ,railroad point of contact for blocked crossing matters ,section #bjaeb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c7 by striking or at the end2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7iii7 by inserting the following after subparagraph 7,c73 7,d7 blocked crossings2 or 2 7,b7 in paragraph 7#d7-- 7i7 by striking paragraph 7#a77;,c7 or 7,d7 and inserting subparagraph 7,c71 7,d71 or 7,e7 of paragraph 7#a72 and 7ii7 by striking and at the end2 7,c7 in paragraph 7#e7 by striking the period at the end and inserting 2 and 2 and 7,d7 by adding at the end the following3 7#f7 promptly inform the ,secretary if the number required to be established under subsection 7a7 has changed and report the new number to the ,secretary4 2 and 7#b7 by adding at the end the following3 7c7 ,publication of telephone numbers ,the ,secretary shall make any telephone number established under subsection 7a7 publicly available on the website of the ,department of ,transportation4 4 #ieef4 ,national highway-rail crossing inventory review 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall expend such sums as are necessary to conduct a comprehensive review of the national highway-rail crossing inventory of the ,department of ,transportation established under section #bjafj of title #di1 ,united ,states ,code4 7b7 ,contents ,in conducting the review required under subsection 7a71 the ,secretary shall-- 7#a7 verify the accuracy of the data contained in the inventory described in subsection 7a7 using mapping technologies and other methods2 and 7#b7 correct erroneous data in such inventory4 7c7 ,report ,not later than #cj days after the completion of the review required under subsection 7a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report detailing corrections made to the inventory described in subsection 7a7 and the ,secretary's plans to ensure continued accuracy of such inventory4 #ieeg4 ,counting railroad suicides 7a7 ,in general ,not less than #ahj days after the enactment of this ,act1 the ,secretary of ,transportation shall revise any regulations1 guidance1 or other relevant agency documents to count suicides on a railroad crossing or railroad right-of-way as trespassing deaths4 7b7 ,authority of the ,secretary ,in carrying out subsection 7a71 the ,secretary may require ,federal1 ,state1 and local agencies1 railroads1 or other entities to submit such data as necessary4 7c7 ,applicability of rulemaking requirements ,the requirements of section #eec of title #e1 ,united ,states ,code1 shall not apply to the modification required by subsection 7a74 #ieeh4 ,report on supplementary safety measures required for ,quiet ,zones ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,federal ,railroad ,administration shall-- 7#a7 submit to ,congress a report on the additional ,supplementary ,safety ,measures and ,alternative ,safety ,measures researched by the ,railroad ,research and ,development program of the ,federal ,railroad ,administration that can be used to qualify for a ,quiet ,zone or ,partial ,quiet ,zone2 and 7#b7 include in the report submitted under paragraph 7#a7-- 7,a7 a summary of the ,supplementary ,safety ,measures and ,alternative ,safety ,measures that communities have requested approval from the ,federal ,railroad ,administrator to implement2 and 7,b7 an explanation for why such requests were not granted4 ,e ,aviation ,i ,airport and ,airway ,infrastructure #ajaja4 ,airport planning and development and noise compatibility planning and programs 7a7 ,authorization ,section #dhajc7;a7 of title #di1 ,united ,states ,code1 is amended by striking paragraphs 7#d71 7#e71 and 7#f7 and inserting the following3 7#d7 #d1jjj1jjj1jjj for fiscal year #bjba2 7#e7 #d1jjj1jjj1jjj for fiscal year #bjbb2 7#f7 #d1jjj1jjj1jjj for fiscal year #bjbc2 7#g7 #d1jjj1jjj1jjj for fiscal year #bjbd2 and 7#h7 #d1jjj1jjj1jjj for fiscal year #bjbe4 4 7b7 ,obligation authority ,section #dgajd7;c7 of title #di1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking #bjbc1 and inserting #bjbe14 7c7 ,maintaining precrisis ,airport ,improvement ,program levels ,section #dgaad7;c77#a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,j7 ,special rule for fiscal years #bjba through #bjbe ,notwithstanding subparagraph 7,a71 the ,secretary shall apportion to a sponsor of an airport under such subparagraph for each of fiscal years #bjba through #bjbe an amount based on the number of passenger boardings at the airport during calendar year #bjai1 if the number of passenger boardings at the airport during calendar year #bjai is greater than the number of passenger boardings that would be otherwise calculated under subparagraph 7,a74 4 #ajajb4 ,supplemental funding for airports 7a7 ,in general ,in addition to the amounts made available under section #dhajc7;a7 of title #di1 ,united ,states ,code1 there are authorized to be appropriated from the general fund of the ,treasury for the ,secretary of ,transportation to make grants for eligible uses under subsection 7e7-- 7#a7 #c1jjj1jjj1jjj for fiscal year #bjba2 7#b7 #c1bej1jjj1jjj for fiscal year #bjbb2 7#c7 #c1ejj1jjj1jjj for fiscal year #bjbc2 7#d7 #c1gej1jjj1jjj for fiscal year #bjbd2 and 7#e7 #d1jjj1jjj1jjj for fiscal year #bjbe4 7b7 ,distribution of funds ,amounts made available under subsection 7a7 shall be distributed as follows3 7#a7 ,after setting aside amounts under subsection 7c71 remaining funds shall be distributed to all sponsors of commercial service airports1 as such term is defined in section #dgajb of title #di1 ,united ,states ,code1 based on each such airport's passenger enplanements compared to total passenger enplanements for all commercial service airports1 for calendar year #bjai or the most recent calendar year1 whichever year has the greater total enplanements4 ,if calendar year #bjai enplanements are used1 a proportional adjustment 7using enplanements for the most recent calendar year7 shall be made for any airport that becomes a commercial service airport after calendar year #bjai4 7#b7 ,an airport sponsor that was allocated more than #d times such sponsor's annual operating expenses under the ,,cares ,act 7,public ,law #aaf-acf7 may not receive supplemental funding under subsection 7a7 for fiscal years #bjba or #bjbb4 7c7 ,set asides ,for each fiscal year1 of the total funds appropriated pursuant to subsection 7a71 the ,secretary shall set aside-- 7#a7 #c4e percent of such funds to make grants to the sponsors of cargo airports1 as described in section #dgaad7;c77#b77;,a7 of title #di1 ,united ,states ,code2 7#b7 #d percent of such funds to make grants to general aviation1 reliever1 and nonprimary commercial service airports1 as such terms are defined in section #dgajb of title #di1 ,united ,states ,code1 based on capacity needs or the needs of the aviation system2 and 7#c7 #e percent of such funds to make grants to any airport sponsor for-- 7,a7 airport emission reduction projects described in subparagraph 7,k71 7,l71 or 7,o7 of section #dgajb7c7 of title #di1 ,united ,states ,code1 or section #dgacf7;a7 of title #di1 ,united ,states ,code2 7,b7 airport resiliency projects described in section #dgajb7c77,s7 of title #di1 ,united ,states ,code1 as added by this ,act2 7,c7 airport noise compatibility and mitigation planning1 programs1 and projects1 including planning1 programs1 and projects described in sections #dgejd or #dgeje of title #di1 ,united ,states ,code2 and 7,d7 other airport projects that reduce the adverse effects of airport operations on the environment and surrounding communities1 as determined appropriate by the ,administrator4 7d7 ,apportionment for environmental projects ,of the funds set aside under subsection 7c77#c71 not less than #ej percent of such funds shall be applied to projects described in subparagraph 7,a7 of such subsection4 7e7 ,eligible uses ,the following rules shall apply to grants provided under subsection 7a73 7#a7 ,grants provided in fiscal year #bjba may be used for eligible projects under chapter #dga of title #di1 ,united ,states ,code1 terminal development projects1 operations1 ensuring public health1 cleaning1 sanitization1 janitorial services1 refurbishing or replacing systems and technologies to combat the spread of pathogens1 staffing1 workforce retention1 paid leave1 procurement of protective health equipment and training for employees and contractors on use of such equipment1 debt service payments1 and rent and fee waivers to airport concessionaires and other lessees4 7#b7 ,grants provided in fiscal years #bjbb through #bjbe may be used for-- 7,a7 eligible projects under chapter #dga of title #di1 ,united ,states ,code2 7,b7 any eligible airport-related projects defined under section #djaag7;a77#c7 of title #di1 ,united ,states ,code2 7,c7 any development project of an airport1 local airport system1 or other local facilities-- 7i7 owned or operated by the airport owner or operator2 and 7ii7 directly and substantially related to the air transportation of passengers or property2 and 7,d7 debt service or other financing costs related to such projects4 7#c7 ,funds provided under this section may not be used for any purposes not directly related to the airport for which such grant is provided4 7f7 ,federal share ,notwithstanding section #dgaji of title #di1 ,united ,states ,code1 the ,federal share of the costs of a project for carried out using a grant provided under this section shall be #ajj percent4 7g7 ,requirements and assurances ,except for project eligibility under this section1 the requirements and grant assurances applicable to sponsors receiving grants under chapter #dga of title #di1 ,united ,states ,code1 shall apply to any sponsor awarded a grant for an eligible project under subsection 7e77#b77;,a71 eligible airport-related project under subsection 7e77#b77;,b71 a development project under subsection 7e77#b77;,c71 or eligible project or terminal development project listed under subsection 7e77#a74 7h7 ,availability ,funds made available under subsection 7a7 shall remain available for #c fiscal years4 7i7 ,administration ,of the amounts made available to carry out this section1 the ,secretary may reserve up to #h1jjj1jjj for each of fiscal years #bjba through #bjbe for the administrative costs of carrying out this section4 7j7 ,relief to airport concessions ,an airport sponsor shall use at least #b percent of any funds received under subsection 7a77#a7 to provide financial relief to airport concessionaires experiencing economic hardship4 ,with respect to funds under subsection 7a77#a71 airport sponsors must also show good faith efforts to provide relief to small business concerns owned and controlled by socially and economically disadvantaged businesses1 as such terms are defined under section #dgaac of title #di1 ,united ,states ,code4 #ajajc4 ,airport resiliency projects ,section #dgajb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c7 by adding at the end the following3 7,s7 improvement of any critical airport infrastructure at a general aviation airport that is designated as a ,federal staging area by the ,federal ,emergency ,management ,agency or a nonhub1 small hub1 medium hub1 or large hub airport to increase resilience for the purpose of resuming flight operations under visual flight rules following a natural disaster4 2 7#b7 by redesignating paragraphs 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 and 7#bh7 as paragraphs 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 7#bh71 7#bi71 and 7#cj71 respectively2 7#c7 by redesignating paragraphs 7#h71 7#i71 7#aj71 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 and 7#ad71 respectively2 7#d7 by inserting after paragraph 7#ad71 as so redesignated1 the following3 7#ae7 natural disaster means earthquake1 flooding1 high water1 hurricane1 storm surge1 tidal wave1 tornado1 tsunami or wind driven water4 2 and 7#e7 by inserting after paragraph 7#g7 the following3 7#h7 critical airport infrastructure means runways1 taxiways1 and aprons necessary to sustain commercial service flight operations4 4 #ajajd4 ,,faa air traffic control facilities 7a7 ,authorization of appropriations ,there is authorized to be appropriated from the general fund of the ,treasury to the ,administrator of the ,federal ,aviation ,administration #a1jjj1jjj1jjj to be used exclusively to bring air traffic control facilities of the ,administration into acceptable condition1 including sustaining1 rehabilitating1 replacing1 or modernizing such facilities and associated costs4 7b7 ,consultation ,before taking any action under this section1 the ,administrator shall consult with the exclusive bargaining representatives of air traffic controllers and airway transportation system specialists certified under section #gaaa of title #e1 ,united ,states ,code4 #ajaje4 ,airport innovative financing techniques 7a7 ,in general ,section #dgace of title #di1 ,united ,states ,code1 is amended to read as follows3 #dgace4 ,innovative financing techniques 7a7 ,in general ,the ,secretary of ,transportation may approve an application by an airport sponsor to use grants received under this subchapter for innovative financing techniques related to an airport development project4 ,such projects shall be located at airports that are not large hub airports4 ,the ,secretary may not approve more than #cj applications under this section in a fiscal year4 7b7 ,purposes ,the purpose of grants made under this section shall be-- 7#a7 to provide information on using innovative financing techniques for airport development projects2 7#b7 to lower the total cost of an airport development project2 or 7#c7 to safely expedite the delivery or completion of an airport development project4 7c7 ,limitations 7#a7 ,no guarantees ,in no case shall the implementation of an innovative financing technique under this section be used in a manner giving rise to a direct or indirect guarantee of any airport debt instrument by the ,united ,states ,government4 7#b7 ,types of techniques ,in this section1 innovative financing techniques are limited to-- 7,a7 payment of interest2 7,b7 commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development2 7,c7 flexible non-,federal matching requirements2 7,d7 use of funds apportioned under section #dgaad for the payment of principal and interest of terminal development for costs incurred before the date of the enactment of this section2 and 7,e7 such other techniques that the ,secretary approves as consistent with the purposes of this section4 4 7b7 ,immediate applicability ,section #ajja of this division shall not apply to this section and the amendments made by this section4 #ajajf4 ,small airport letters of intent 7a7 ,in general ,section #dgaaj7;e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking at a primary or reliever airport2 7#b7 in paragraph 7#b7 by-- 7,a7 redesignating subparagraphs 7,a7 through 7,c7 as subparagraphs 7,b7 through 7,d71 respectively2 and 7,b7 inserting after the matter preceding subparagraph 7,b7 7as redesignated by this section7 the following3 7,a7 at an airport that is-- 7i7 a medium or large hub airport2 7ii7 a small or nonhub airport2 or 7iii7 an airport that is not a primary airport and is not listed as having an unclassified status under the most recent plan described under section #dgajc2 2 7#c7 in paragraph 7#b77;,d7 7as redesignated by this section7 by striking #dgaae7;d7 and all that follows through the end of the subparagraph and inserting #dgaae7;d742 7#d7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,requirements 7,a7 ,in general ,the ,secretary may not require an eligible agency to impose a passenger facility charge under section #djaag in order to obtain a letter of intent under this section4 7,b7 ,requirements ,for sponsors of airports described in clauses 7ii7 and 7iii7 of paragraph 7#b77;,a71 prior to issuing a letter of intent under this paragraph1 the ,secretary-- 7i7 may not schedule reimbursements to more than #bj sponsors for any fiscal year2 7ii7 may permit allowable project costs under paragraph 7#a7 to include costs associated with making payments for debt service on indebtedness incurred to carry out the project2 7iii7 may not obligate more than the total amount reasonably expected to be apportioned to the airport under section #dgaad over the following #aj fiscal years2 7iv7 shall consider the sponsor's grant performance history2 7v7 shall require the sponsor to provide a certificate affirming the sponsor has the legal ability and capacity to incur debt2 and 7vi7 may consider other factors1 as considered appropriate by the ,secretary4 2 and 7#e7 in the heading of paragraph 7#g7 by striking ,partnership ,program ,airports and inserting ,partnership program airports4 7b7 ,immediate applicability ,section #ajja of this division shall not apply to this section and the amendments made by this section4 #ajajg4 ,minority and disadvantaged business size standards ,section #dgaac7;a77#a7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#a7 small business concern has the meaning given the term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb72 4 #ajajh4 ,changes in airport sponsorship or operations ,section #ddgjf of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7h72 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,change of airport sponsorship or operations 7#a7 ,undisputed change of airport sponsorship or operations ,except as provided for in paragraph 7#b71 for a proposed transfer of the sponsorship or operations of an airport to a new sponsor or operator1 the ,administrator shall issue an airport operating certificate to a new sponsor or operator if-- 7,a7 the holder of the airport operating certificate for such airport consents to the transfer of sponsorship or operations2 and 7,b7 the new sponsor or operator satisfies all requirements for obtaining a certificate under this section4 7#b7 ,disputed change of airport sponsorship or operations ,for a proposed transfer of the sponsorship or operations of an airport to a new sponsor or operator for which the holder of the airport operating certificate disputes such transfer1 the ,administrator shall issue an airport operating certificate to the new sponsor if the new sponsor or operator satisfies all requirements for obtaining a certificate under this section and the dispute is resolved by-- 7,a7 the issuance of a final1 non-appealable judicial decision requiring a change of sponsorship or operations2 or 7,b7 the issuance of a consent letter between the holder of an airport operating certificate and a new sponsor or operator4 7g7 ,reimbursement of airport investment ,after a change in sponsorship or operations under subsection 7f71 the new airport sponsor or operator shall reimburse the previous holder of an airport operating certificate for investments made by such holder that have not been fully recouped as of the change in airport sponsorship or operations and such reimbursement shall be consistent with all policies and procedures of the ,federal ,aviation ,administration4 4 ,,ii ,environment #ajbja4 ,alternative fuel and low-emission aviation technology program 7a7 ,in general ,the ,secretary of ,transportation1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall establish and carry out a competitive grant and cost-sharing agreement program for eligible entities to carry out projects located in the ,united ,states that-- 7#a7 develop1 demonstrate1 or apply low-emission aviation technologies2 and 7#b7 produce1 transport1 blend1 or store sustainable aviation fuels that would reduce greenhouse gas emissions attributable to the operation of aircraft that have fuel uplift in the ,united ,states4 7b7 ,selection ,in carrying out subsection 7a71 the ,secretary shall consider-- 7#a7 the anticipated public benefits of the project2 7#b7 the potential to increase the domestic production and deployment of sustainable aviation fuels or the use of low emission aviation technologies among the ,united ,states commercial aviation and aerospace industry2 7#c7 the potential greenhouse gas emissions from the project1 including emissions resulting from the development of the project2 7#d7 the potential for creating new jobs in the ,united ,states2 7#e7 the potential the project has to reduce or displace1 on a lifecycle basis1 ,united ,states greenhouse gas emissions associated with air travel2 7#f7 the proposed utilization of non-,federal contributions2 and 7#g7 for projects related to the production of sustainable aviation fuel1 the potential net greenhouse gas emissions impact of such fuel on a lifecycle basis1 which shall include potential direct and indirect greenhouse gas emissions 7including resulting from changes in land use74 7c7 ,additional considerations ,in evaluating projects under subsection 7a71 the ,secretary shall consider-- 7#a7 the benefits of ensuring a variety of feedstocks for sustainable aviation fuels2 7#b7 the use of direct air capture2 7#c7 aeronautical construction and design improvements that result in more efficient aircraft1 including high-performance lightweight materials2 7#d7 more efficient aircraft engines1 including hybrid engines and electric engines suitable for fully or partially powering aircraft operations2 and 7#e7 air traffic management and navigation technologies that permit more efficient flight patterns4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #bjj1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out this section4 7e7 ,funding distribution ,of the amount made available under subsection 7d71 #ej percent of such amount shall be awarded for projects described in subsection 7a77#a7 and #ej percent shall be awarded for projects described in subsection 7a77#b74 7f7 ,report ,not later than ,october #a1 #bjbf1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report describing the results of the grant program under this section4 ,the report shall include the following3 7#a7 ,a description of the entities and projects that received grants or other cost-sharing agreements under this section4 7#b7 ,a detailed explanation for why each entity received the type of funding disbursement such entity did4 7#c7 ,a description of whether the program is leading to an increase in the production and deployment of sustainable aviation fuels and use of low-emission aviation technologies by ,united ,states aviation and aerospace industry stakeholders4 7#d7 ,a description of the economic impacts resulting from the funding to and operation of the project4 7g7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or local government other than an airport sponsor2 7,b7 an air carrier2 7,c7 an airport sponsor2 7,d7 an accredited institution of higher education2 7,e7 a person or entity engaged in the production1 transportation1 blending or storage of sustainable aviation fuels or feedstocks that could be used to produce sustainable aviation fuels2 7,f7 a person or entity engaged in the development1 demonstration1 or application of low-emission aviation technologies2 or 7,g7 nonprofit entities or nonprofit consortia with experience in sustainable aviation fuels1 low-emission technology1 or other clean transportation research programs4 7#b7 ,low-emission aviation technology ,the term low-emission aviation technology means technologies that significantly-- 7,a7 improve aircraft fuel efficiency2 7,b7 increase utilization of sustainable aviation fuel2 or 7,c7 reduce greenhouse gas emissions produced during operation of civil aircraft4 7#c7 ,sustainable aviation fuel ,the term sustainable aviation fuel means liquid fuel consisting of synthesized hydrocarbons that-- 7,a7 meets the requirements of ,,astm ,international ,standard ,d#geff2 7,b7 is derived from biomass 7as such term is defined in section #de,k7c77#c7 of the ,internal ,revenue ,code of #aihf71 waste streams1 renewable energy sources or gaseous carbon oxides2 7,c7 conforms to the standards1 recommended practices1 requirements and criteria1 supporting documents1 implementation elements1 and any other technical guidance for sustainable aviation fuels that are adopted by the ,international ,civil ,aviation ,organization with the agreement of the ,united ,states2 7,d7 achieves at least a #ej percent reduction in lifecycle greenhouse gas emissions under the standards and related materials specified in subparagraph 7,c7 compared to conventional jet fuel2 7,e7 is not derived from feedstocks that are developed through practices that threaten mass deforestation1 harm biodiversity1 or otherwise promote environmentally unsustainable processes2 and 7,f7 is produced in the ,united ,states4 #ajbjb4 ,expansion of voluntary airport low emission program 7a7 ,passenger facility charge eligibility ,section #djaag7;a77#c77;,g7 of title #di1 ,united ,states ,code1 is amended by striking if the airport is located in an air quality nonattainment area 7as defined in section #aga7b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7b77 or a maintenance area referred to in section #age;,a of such ,act 7#db ,u4,s4,c4 #geje;a74 7b7 ,airport improvement program eligibility 7#a7 ,expansion 7,a7 ,airport facilities ,section #dgajb7c77,k7 of title #di1 ,united ,states ,code1 is amended by striking if the airport is located in an air quality nonattainment or maintenance area 7as defined in sections #aga7b7 and #age;,a of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7b72 #geje;a774 7,b7 ,acquisition of vehicles ,section #dgajb7c77,l7 of title #di1 ,united ,states ,code1 is amended by striking if the airport is located in an air quality nonattainment or maintenance area 7as defined in sections #aga7b7 and #age;,a of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7b72 #geje;a7714 7#b7 ,priority of vale projects ,chapter #dga of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #dgade4 ,priority of vale projects ,in considering applications for projects described in section subparagraphs 7,k7 and 7,l7 of section #dgajb7c71 the ,secretary shall prioritize ,federal funding for airports in areas located in an air quality nonattainment area 7as such term is defined in section #aga7b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7b77 or maintenance area 7as such term is defined in sections #age;,a of the ,clean ,air ,act 7#db ,u4,s4,c4 #geje;a774 4 7#c7 ,conforming amendment ,the analysis for chapter #dga of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #dgade4 ,priority of vale projects4 4 #ajbjc4 ,study and development of sustainable aviation fuels ,there is authorized to be appropriated from the general fund of the ,treasury to the ,administrator of the ,federal ,aviation ,administration #cj1jjj1jjj for each of fiscal years #bjba through #bjbe for the study and development of sustainable aviation fuels4 #ajbjd4 ,center of excellence for alternative jet fuels and environment ,there is authorized to be appropriated from the general fund of the ,treasury to the ,administrator of the ,federal ,aviation ,administration #e1jjj1jjj for each of fiscal years #bjba through #bjbe to be used exclusively for work performed by the ,center of ,excellence for ,alternative ,jet ,fuels and ,environment1 including programs to assess and reduce the environmental impacts of aviation and to improve the health and quality of life of individuals living in and around airport communities4 #ajbje4 ,national evaluation of aviation and aerospace solutions to climate change 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall seek to enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine to conduct a study on climate change mitigation efforts with respect to the civil aviation and aerospace industries4 7b7 ,study contents ,in conducting the study under subsection 7a71 the ,national ,academies shall-- 7#a7 identify climate change mitigation efforts1 including efforts relating to emerging technologies1 in the civil aviation and aerospace industries2 7#b7 develop and apply an appropriate indicator for assessing the effectiveness of such efforts2 7#c7 identify gaps in such efforts2 7#d7 identify barriers preventing expansion of such efforts2 and 7#e7 develop recommendations with respect to such efforts4 7c7 ,reports 7#a7 ,findings of study ,not later than #a year after the date on which the ,secretary enters into an agreement for a study pursuant to subsection 7a71 the ,secretary shall submit to the appropriate congressional committees the findings of the study4 7#b7 ,assessment ,not later than #ahj days after the date on which the ,secretary submits the findings pursuant to paragraph 7#a71 the ,secretary1 acting through the ,administrator of the ,federal ,aviation ,administration1 shall submit to the appropriate congressional committees a report that contains an assessment of the findings4 7d7 ,authorization of appropriations ,there is authorized to be appropriated from the general fund of the ,treasury to the ,secretary to carry out this section #a1ejj1jjj4 7e7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and other congressional committees determined appropriate by the ,secretary4 7#b7 ,climate change mitigation efforts ,the term climate change mitigation efforts means efforts1 including the use of technologies1 materials1 processes1 or practices1 that contribute to the reduction of greenhouse gas emissions4 #ajbjf4 ,joint ,task ,force on ,air ,travel 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 the ,secretary of ,homeland ,security1 and the ,secretary of ,health and ,human ,services shall establish a ,joint ,task ,force on ,air ,travel ,during and ,after the ,,covid-#ai ,public ,health ,emergency 7in this section referred to as the ,joint ,task ,force74 7b7 ,duties 7#a7 ,in general ,the ,joint ,task ,force shall develop recommended requirements1 plans1 and guidelines to address the health1 safety1 security1 and logistical issues relating to the continuation of air travel during the ,,covid-#ai ,public ,health ,emergency1 and with respect to the resumption of full operations at airports and increased passenger air travel after the ,,covid-#ai ,public ,health ,emergency ends4 ,the ,joint ,task ,force shall develop1 at a minimum1 recommended requirements1 plans1 and guidelines1 as appropriate1 with respect to each of the applicable periods described in paragraph 7#b7 for-- 7,a7 reforming airport1 air carrier1 security1 and other passenger air travel-related operations1 including passenger queuing1 passenger security screening1 boarding1 deplaning1 and baggage handling procedures1 as a result of-- 7i7 current and anticipated changes to passenger air travel during the ,,covid-#ai ,public ,health ,emergency and after that emergency ends2 and 7ii7 anticipated changes to passenger air travel as a result of the projected seasonal recurrence of the coronavirus2 7,b7 mitigating the public health and economic impacts of the ,,covid-#ai ,public ,health ,emergency and the projected seasonal recurrence of the coronavirus on airports and passenger air travel1 including through the use of personal protective equipment for passengers and employees1 the implementation of strategies to promote overall passenger and employee safety1 and the accomodation of social distancing1 as necessary2 7,c7 addressing the privacy and civil liberty concerns created by passenger health screenings1 contact-tracing1 or any other process for monitoring the health of individuals engaged in health travel2 and 7,d7 operating procedures to manage future public health crises affecting air travel4 7#b7 ,applicable periods ,for purposes of paragraph 7#a71 the applicable periods are the following3 7,a7 ,the period beginning with the date of the first meeting of the ,joint ,task ,force and ending with the date on which the ,,covid-#ai ,public ,health ,emergency ends4 7,b7 ,the #a-year period beginning on the day after the period described in subparagraph 7,a7 ends4 7c7 ,requirements 7#a7 ,in general ,in developing the recommended requirements1 plans1 and guidelines under subsection 7b71 and prior to including them in the final report required under subsection 7f77#b71 the ,joint ,task ,force shall-- 7,a7 consider the consensus recommendations of the ,advisory ,committee established under subsection 7e72 7,b7 conduct cost-benefit evaluations2 7,c7 consider funding constraints2 and 7,d7 use risk-based decision-making4 7#b7 ,international consultation ,the ,joint ,task ,force shall consult1 as practicable1 with relevant international entities and operators1 including the ,international ,civil ,aviation ,organization1 towards the goal of maximizing the harmonization of recommended requirements1 plans1 and guidelines for air travel during and after the ,,covid-#ai ,public ,health ,emergency4 7d7 ,membership 7#a7 ,chair ,the ,secretary of ,transportation 7or the ,secretary's designee7 shall serve as the ,chair of the ,joint ,task ,force4 7#b7 ,vice chair ,the ,secretary of ,health and ,human ,services 7or the ,secretary's designee7 shall serve as ,vice ,chair of the ,joint ,task ,force4 7#c7 ,other members ,in addition to the ,chair and ,vice ,chair1 the members of the ,joint ,task ,force shall include representatives of the following3 7,a7 ,the ,department of ,transportation4 7,b7 ,the ,department of ,homeland ,security4 7,c7 ,the ,department of ,health and ,human ,services4 7,d7 ,the ,federal ,aviation ,administration4 7,e7 ,the ,transportation ,security ,administration4 7,f7 ,united ,states ,customs and ,border ,protection4 7,g7 ,the ,centers for ,disease ,control and ,prevention4 7,h7 ,the ,occupational ,safety and ,health ,administration4 7,i7 ,the ,national ,institute for ,occupational ,safety and ,health4 7,j7 ,the ,pipeline and ,hazardous ,materials ,safety ,administration4 7,k7 ,the ,department of ,state4 7,l7 ,the ,environmental ,protection ,agency4 7e7 ,advisory ,committee 7#a7 ,establishment ,not later than #ae days after the date on which the ,joint ,task ,force is established under subsection 7a71 the ,secretary of ,transportation1 in consultation with the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services1 shall establish a ,joint ,federal ,advisory ,committee to advise the ,joint ,task ,force 7in this section referred to as the ,advisory ,committee74 7#b7 ,membership ,the members of the ,advisory ,committee shall include representatives of the following3 7,a7 ,airport operators designated by the ,secretary of ,transportation in consultation with the ,secretary of ,homeland ,security4 7,b7 ,air carriers designated by the ,secretary of ,transportation in consultation with the ,secretary of ,homeland ,security4 7,c7 ,aircraft and aviation manufacturers designated by the ,secretary of ,transportation4 7,d7 ,labor organizations representing aviation industry workers1 including pilots1 flight attendants1 maintenance1 mechanics1 air traffic controllers1 and safety inspectors1 designated by the ,secretary of ,transportation4 7,e7 ,public health experts designated by the ,secretary of ,health and ,human ,services4 7,f7 ,consumers and air passenger rights organizations designated by the ,secretary of ,transportation in consultation with ,secretary of ,homeland ,security4 7,g7 ,privacy and civil liberty organizations designated by the ,secretary of ,homeland ,security4 7,h7 ,manufacturers and integrators of air passenger screening and identity verification technologies designated by the ,secretary of ,homeland ,security4 7,i7 ,trade associations representing air carriers1 including1 major air carriers1 low cost carriers1 regional air carriers1 cargo air carriers1 and foreign air carriers1 designated by the ,secretary of ,transportation in consulation with the ,secretary of ,homeland ,security4 7,j7 ,trade associations representing airport operators designated by the ,secretary of ,transportation in consultation with the ,secretary of ,homeland ,security4 7#c7 ,vacancies ,any vacancy in the membership of the ,advisory ,committee shall not affect its responsibilities1 but shall be filled in the same manner as the original appointment and in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#d7 ,duties 7,a7 ,in general ,the ,advisory ,committee shall develop and submit policy recommendations to the ,joint ,task ,force regarding the recommended requirements1 plans1 and guidelines to be developed by the ,joint ,task ,force under subsection 7b74 7,b7 ,publication ,not later than #ad days after the date on which the ,advisory ,committee submits policy recommendations to the ,joint ,task ,force in accordance with subparagraph 7,a71 the ,secretary of ,transportation shall publish the policy recommendations on a publicly accessible website4 7#e7 ,prohibition on compensation ,the members of the ,advisory ,committee shall not receive any compensation from the ,federal ,government by reason of their service on the ,advisory ,committee4 7f7 ,briefings and reports 7#a7 ,preliminary briefings ,as soon as practicable1 but not later than #f months after the establishment of the ,joint ,task ,force1 the ,joint ,task ,force shall begin providing preliminary briefings for ,congress on the status of the development of the recommended requirements1 plans1 and guidelines under subsection 7b74 ,the preliminary briefings shall include interim versions1 if any1 of the ,joint ,task ,force's recommendations4 7#b7 ,final report 7,a7 ,deadline ,as soon as practicable1 but not later than #ah months after the date of enactment of this ,act1 the ,joint ,task ,force shall submit to ,congress a final report4 7,b7 ,content ,the final report under subparagraph 7,a7 shall include the following3 7i7 ,all of the recommended requirements1 plans1 and guidelines developed by the ,joint ,task ,force4 7ii7 ,a description of any actions taken by the ,federal ,government as a result of such recommendations4 7g7 ,termination ,the ,joint ,task ,force and ,advisory ,committee shall terminate #cj days after the date on which the ,joint ,task ,force submits the final report required under subsection 7f77#b74 7h7 ,definition ,in this section1 the term ,,covid-#ai ,public ,health ,emergency means the public health emergency first declared on ,january #ca1 #bjbj1 by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai and includes any renewal of such declaration pursuant to such section #cai4 ,f ,investment in ,water ,resources and ,water-,related ,infrastructure #bjjja4 ,short title ,this division may be cited as the ,water ,infrastructure ,investment1 ,job ,creation1 and ,economic ,stability ,act4 ,i ,critical ,water ,resources ,investments #bajja4 ,use of ,harbor ,maintenance ,trust ,fund to support navigation ,section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7 is amended-- 7#a7 in the section heading1 by striking ,authorization of appropriations and inserting ,funding for navigation2 and 7#b7 by adding at the end the following3 7g7 ,adjustments to discretionary spending limits ,amounts made available from the ,harbor ,maintenance ,trust ,fund under this section or section #ieje of the ,internal ,revenue ,code of #aihf shall be made available in accordance with section #adjjc of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf74 4 #bajjb4 ,annual report to ,congress ,section #ccj of the ,water ,resources ,development ,act of #aiib 7#bf ,u4,s4,c4 #ieje note2 #ajf ,stat4 #dhea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking and annually thereafter1 and inserting and annually thereafter concurrent with the submission of the ,president's annual budget request to ,congress12 and 7,b7 by striking ,public ,works and ,transportation and inserting ,transportation and ,infrastructure2 and 7#b7 in subsection 7b77#a7 by adding at the end the following3 7,d7 ,a description of the expected expenditures from the trust fund to meet the needs of navigation for the fiscal year of the budget request4 4 #bajjc4 ,harbor ,maintenance ,trust ,fund discretionary spending limit adjustment 7a7 ,in general ,section #adjjc of division ,b of the ,,cares ,act 7,public ,law #aaf-acf7 is amended to read as follows3 #adjjc4 ,section #bea7;b77#b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77 is amended by adding at the end the following3 7,h7 ,harbor ,maintenance ,activities ,if1 for any fiscal year1 appropriations for the ,construction1 ,mississippi ,river and ,tributaries1 and ,operation and ,maintenance accounts of the ,corps of ,engineers are enacted that are derived from the ,harbor ,maintenance ,trust ,fund established under section #ieje7;a7 of the ,internal ,revenue ,code of #aihf and that the ,congress designates in statute as being for harbor operations and maintenance activities1 then the adjustment for that fiscal year shall be the total of such appropriations that are derived from such ,fund and designated as being for harbor operations and maintenance activities4 4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if included in the enactment of the ,,cares ,act 7,public ,law #aaf-acf74 #bajjd4 ,appropriations for ,construction1 ,inland ,waterways1 ,operation and ,maintenance ,the following sums are hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbj1 and for other purposes1 namely3 7#a7 ,for an additional amount for ,corps of ,engineers--,civil--,department of the ,army--,construction1 #aj1jjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that not more than #c1jjj1jjj1jjj shall be available for costs of construction1 replacement1 rehabilitation1 and expansion of inland waterways projects1 with one-half of such costs paid from the ,inland ,waterways ,trust ,fund and one-half from the general fund of the ,treasury2 ,provided further1 ,that not less than #ejj1jjj1jjj shall be available for water-related environmental infrastructure assistance4 7#b7 ,for an additional amount for ,corps of ,engineers--,civil--,department of the ,army--,operation and ,maintenance1 #e1jjj1jjj1jjj1 to remain available until expended4 ,,ii ,critical ,clean ,water ,investments ,a ,water ,quality ,protection and ,job ,creation ,act #bbaja4 ,short title ,this subtitle may be cited as the ,water ,quality ,protection and ,job ,creation ,act of #bjbj4 #bbajb4 ,wastewater infrastructure workforce investment ,section #ajd7;g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abed7;g77 is amended-- 7#a7 in paragraph 7#a71 by striking manpower each place it appears and inserting workforce2 and 7#b7 by amending paragraph 7#d7 to read as follows3 7#d7 ,report to ,congress on publicly owned treatment works workforce development ,not later than #b years after the date of enactment of the ,water ,quality ,protection and ,job ,creation ,act of #bjbj1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report containing-- 7,a7 an assessment of the current and future workforce needs for publicly owned treatment works1 including an estimate of the number of future positions needed for such treatment works and the technical skills and education needed for such positions2 7,b7 a summary of actions taken by the ,administrator1 including ,federal investments under this chapter1 that promote workforce development to address such needs2 and 7,c7 any recommendations of the ,administrator to address such needs4 4 #bbajc4 ,state management assistance 7a7 ,authorization of appropriations ,section #ajf7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abef7;a77 is amended-- 7#a7 by striking and at the end of paragraph 7#a72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 such sums as may be necessary for each of fiscal years #aiia through #bjbj2 7#d7 #cjj1jjj1jjj for fiscal year #bjba2 7#e7 #cjj1jjj1jjj for fiscal year #bjbb2 7#f7 #cjj1jjj1jjj for fiscal year #bjbc2 7#g7 #cjj1jjj1jjj for fiscal year #bjbd2 and 7#h7 #cjj1jjj1jjj for fiscal year #bjbe2 4 7b7 ,technical amendment ,section #ajf7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abef7;e77 is amended by striking ,beginning in fiscal year #aigd the and inserting ,the4 #bbajd4 ,watershed1 wet weather1 and resiliency projects 7a7 ,increased resilience of treatment works ,section #abb7;a77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgd7;a77#f77 is amended to read as follows3 7#f7 ,increased resilience of treatment works ,efforts-- 7,a7 to assess future risks and vulnerabilities of publicly owned treatment works to manmade or natural disasters1 including extreme weather events and sea level rise2 and 7,b7 to carry out the planning1 designing1 or constructing of projects1 on a systemwide or areawide basis1 to increase the resilience of publicly owned treatment works through-- 7i7 the conservation of water or the enhancement of water use efficiency2 7ii7 the enhancement of wastewater 7including stormwater7 management by increasing watershed preservation and protection1 including through-- 7,i7 the use of green infrastructure2 or 7,,ii7 the reclamation and reuse of wastewater 7including stormwater71 such as through aquifer recharge zones2 7iii7 the modification or relocation of an existing publicly owned treatment works at risk of being significantly impaired or damaged by a manmade or natural disaster2 or 7iv7 the enhancement of energy efficiency1 or the use or generation of recovered or renewable energy1 in the management1 treatment1 or conveyance of wastewater 7including stormwater74 4 7b7 ,requirements2 authorization of appropriations ,section #abb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgd7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,requirements ,the requirements of section #fjh shall apply to any construction1 alteration1 maintenance1 or repair of treatment works receiving a grant under this section4 7d7 ,assistance ,the ,administrator shall use not less than #ae percent of the amounts appropriated pursuant to this section in a fiscal year to provide assistance to municipalities with a population of less than #aj1jjj1 to the extent there are sufficient eligible applications4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #a1jjj1jjj1jjj1 to remain available until expended4 4 7c7 ,technical and conforming amendments 7#a7 ,watershed pilot projects ,section #abb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgd7 is amended-- 7,a7 in the section heading1 by striking ,watershed pilot projects and inserting ,watershed1 wet weather1 and resiliency projects2 and 7,b7 by striking pilot each place it appears4 7#b7 ,water pollution control revolving loan funds ,section #fjc7;c77#g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;c77#g77 is amended by striking watershed4 #bbaje4 ,pilot program for alternative water source projects 7a7 ,selection of projects ,section #bbj7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acjj7;d77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,limitation on eligibility ,a project that has received construction funds under the ,reclamation ,projects ,authorization and ,adjustment ,act of #aiib shall not be eligible for grant assistance under this section4 2 and 7#b7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b74 7b7 ,committee resolution procedure2 assistance ,section #bbj of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acjj7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,assistance ,the ,administrator shall use not less than #ae percent of the amounts appropriated pursuant to this section in a fiscal year to provide assistance to eligible entities for projects designed to serve fewer than #aj1jjj individuals1 to the extent there are sufficient eligible applications4 4 7c7 ,cost sharing ,section #bbj7;g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acjj7;g77 is amended-- 7#a7 by striking ,the ,federal share and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share 2 and 7#b7 by adding at the end the following3 7#b7 ,reclamation and reuse projects ,for an alternative water source project that has received funds under the ,reclamation ,projects ,authorization and ,adjustment ,act of #aiib 7other than funds referred to in subsection 7d77#a771 the total ,federal share of the costs of the project shall not exceed #be percent or #bj1jjj1jjj1 whichever is less4 4 7d7 ,requirements ,section #bbj of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acjj7 is amended by redesignating subsections 7i7 and 7j7 as subsections 7j7 and 7k71 respectively1 and inserting after subsection 7h7 the following3 7i7 ,requirements ,the requirements of section #fjh shall apply to any construction of an alternative water source project carried out using assistance made available under this section4 4 7e7 ,definitions ,section #bbj7;j77#a7 of the ,federal ,water ,pollution ,control ,act 7as redesignated by subsection 7d7 of this section7 is amended by striking or wastewater or by treating wastewater and inserting 1 wastewater1 or stormwater or by treating wastewater or stormwater4 7f7 ,authorization of appropriations ,section #bbj7k7 of the ,federal ,water ,pollution ,control ,act 7as redesignated by subsection 7d7 of this section7 is amended by striking #ge1jjj1jjj for fiscal years #bjjb through #bjjd and inserting #fjj1jjj1jjj4 #bbajf4 ,sewer overflow and stormwater reuse municipal grants ,section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja7 is amended-- 7#a7 in subsection 7c71 by striking subsection 7b71 each place it appears and inserting this section12 7#b7 in subsection 7d7-- 7,a7 by striking ,the ,federal share and inserting the following3 7#a7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal share 2 and 7,b7 by striking ,the non-,federal share and inserting the following3 7,b7 ,financially distressed communities ,the ,federal share of the cost of activities carried out using amounts from a grant made to a financially distressed community under subsection 7a7 shall be not less than #ge percent of the cost4 7#b7 ,non-,federal share ,the non-,federal share 2 7#c7 in subsection 7e71 by striking section #eac and inserting section #eac1 or the requirements of section #fjh12 and 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by inserting 1 and #djj1jjj1jjj for each of fiscal years #bjba through #bjbe before the period at the end2 and 7,b7 by adding at the end the following3 7#c7 ,assistance ,in carrying out subsection 7a71 the ,administrator shall ensure that1 of the amounts granted to municipalities in a ,state1 not less than #bj percent is granted to municipalities with a population of less than #bj1jjj1 to the extent there are sufficient eligible applications4 4 #bbajg4 ,reports to ,congress ,section #eaf7;b77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acge7;b77#a77 is amended-- 7#a7 by striking 1 of the cost of construction and inserting 1 of 7i7 the cost of construction2 and 7#b7 by striking each of the ,states2 and inserting each of the ,states1 and 7ii7 the costs to implement measures necessary to address the resilience and sustainability of publicly owned treatment works to manmade or natural disasters24 #bbajh4 ,indian ,tribes ,section #eah7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;c77 is amended-- 7#a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,for each fiscal year1 the ,administrator shall reserve1 of the funds made available to carry out title ,,vi 7before allotments to the ,states under section #fjd7;a771 the greater of-- 7,a7 #b percent of such funds2 or 7,b7 #cj1jjj1jjj4 7#b7 ,use of funds 7,a7 ,grants ,funds reserved under this subsection shall be available only for grants to entities described in paragraph 7#c7 for-- 7i7 projects and activities eligible for assistance under section #fjc7;c72 and 7ii7 training1 technical assistance1 and educational programs relating to the operation and management of treatment works eligible for assistance pursuant to section #fjc7;c74 7,b7 ,limitation ,not more than #b1jjj1jjj of the reserved funds may be used for grants under subparagraph 7,a77ii74 2 and 7#b7 in paragraph 7#c7-- 7,a7 in the header1 by striking ,use of funds and inserting ,eligible entities2 and 7,b7 by striking for projects and activities eligible for assistance under section #fjc7;c7 to serve and inserting to4 #bbaji4 ,capitalization grants ,section #fjb7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achb7;b77 is amended-- 7#a7 in paragraph 7#ac77;,b7-- 7,a7 in the matter preceding clause 7i71 by striking and energy conservation and inserting and efficient energy use 7including through the implementation of technologies to recapture and reuse energy produced in the treatment of wastewater72 and 7,b7 in clause 7iii71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#ad71 by striking the period at the end and inserting 2 and 2 and 7#c7 by adding at the end the following3 7#ae7 to the extent there are sufficient projects or activities eligible for assistance from the fund1 with respect to funds for capitalization grants received by the ,state under this title and section #bje7m71 the ,state will use not less than #ae percent of such funds for projects to address green infrastructure1 water or energy efficiency improvements1 or other environmentally innovative activities4 4 #bbaaj4 ,water pollution control revolving loan funds ,section #fjc7;i7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;i77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking 1 including forgiveness of principal and negative interest loans and inserting 7including in the form of forgiveness of principal1 negative interest loans1 or grants72 and 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking in assistance2 and 7ii7 in clause 7ii77,,iii71 by striking to such ratepayers and inserting to help such ratepayers maintain access to wastewater and stormwater treatment services2 and 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,subsidization amounts 7,a7 ,in general ,a ,state may use for providing additional subsidization in a fiscal year under this subsection an amount that does not exceed the greater of-- 7i7 #cj percent of the total amount received by the ,state in capitalization grants under this title for the fiscal year2 or 7ii7 the annual average over the previous #aj fiscal years of the amounts deposited by the ,state in the ,state water pollution control revolving fund from ,state moneys that exceed the amounts required to be so deposited under section #fjb7;b77#b74 7,b7 ,minimum ,for each of fiscal years #bjba through #bjbe1 to the extent there are sufficient applications for additional subsidization under this subsection that meet the criteria under paragraph 7#a77;,a71 a ,state shall use for providing additional subsidization in a fiscal year under this subsection an amount that is not less than #aj percent of the total amount received by the ,state in capitalization grants under this title for the fiscal year4 4 #bbaaa4 ,allotment of funds 7a7 ,formula ,section #fjd7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achd7;a77 is amended by striking each of fiscal years #aihi and #aiij and inserting each fiscal year4 7b7 ,wastewater infrastructure workforce development ,section #fjd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achd7 is amended by adding at the end the following3 7d7 ,wastewater infrastructure workforce development ,a ,state may reserve each fiscal year up to #a percent of the sums allotted to the ,state under this section for the fiscal year to carry out workforce development1 training1 and retraining activities described in section #ajd7;g74 4 #bbaab4 ,reservation of funds for ,territories of the ,united ,states ,title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 is amended by striking section #fjg and inserting the following3 #fjg4 ,reservation of funds for ,territories of the ,united ,states 7a7 ,in general 7#a7 ,reservation ,for each fiscal year1 the ,administrator shall reserve #a4e percent of available funds1 as calculated in accordance with paragraph 7#b74 7#b7 ,calculation of available funds ,the amount of available funds shall be calculated by subtracting the amount of any funds reserved under section #eah7;c7 from the amount of funds made available to carry out this title 7before allotments to the ,states under section #fjd7;a774 7b7 ,use of funds ,funds reserved under this section shall be available only for grants to ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,virgin ,islands for projects and activities eligible for assistance under section #fjc7;c74 7c7 ,limitation ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,virgin ,islands may not receive funds allotted under section #fjd7;a74 4 #bbaac4 ,authorization of appropriations ,title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 is amended by adding at the end the following3 #fji4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title the following sums3 7#a7 #h1jjj1jjj1jjj for fiscal year #bjba4 7#b7 #h1jjj1jjj1jjj for fiscal year #bjbb4 7#c7 #h1jjj1jjj1jjj for fiscal year #bjbc4 7#d7 #h1jjj1jjj1jjj for fiscal year #bjbd4 7#e7 #h1jjj1jjj1jjj for fiscal year #bjbe4 4 #bbaad4 ,technical assistance by ,municipal ,ombudsman ,section #d7;b77#a7 of the ,water ,infrastructure ,improvement ,act 7#db ,u4,s4,c4 #dcgj;j7b77#a77 is amended to read as follows3 7#a7 technical and planning assistance to support municipalities1 including municipalities that are rural1 small1 and tribal communities1 in achieving and maintaining compliance with enforceable deadlines1 goals1 and requirements of the ,federal ,water ,pollution ,control ,act2 and 4 #bbaae4 ,report on financial capability of municipalities 7a7 ,review ,the ,administrator of the ,environmental ,protection ,agency shall conduct a review of existing implementation guidance of the ,agency for evaluating the financial resources a municipality has available to implement the requirements of the ,federal ,water ,pollution ,control ,act to determine whether1 and if so1 how1 such guidance needs to be revised4 7b7 ,considerations ,in conducting the review under subsection 7a71 the ,administrator shall consider-- 7#a7 the report by the ,national ,academy of ,public ,administration prepared for the ,environmental ,protection ,agency entitled ,developing a ,new ,framework for ,community ,affordability of ,clean ,water ,services1 dated ,october #bjag2 7#b7 the report developed by the ,national ,environmental ,justice ,advisory ,council entitled ,,epa's ,role in ,addressing the ,urgent ,water ,infrastructure ,needs of ,environmental ,justice ,communities1 dated ,august #bjah1 and made available on the website of the ,administrator in ,march #bjai2 7#c7 the report prepared for the ,american ,water ,works ,association1 the ,national ,association of ,clean ,water ,agencies1 and the ,water ,environment ,federation entitled ,developing a ,new ,framework for ,household ,affordability and ,financial ,capability ,assessment in the ,water ,sector1 dated ,april #ag1 #bjai2 7#d7 the recommendations of the ,environmental ,financial ,advisory ,board related to municipal financial capability assessments1 prepared at the request of the ,administrator2 and 7#e7 any other information the ,administrator considers appropriate4 7c7 ,engagement and transparency ,in conducting the review under subsection 7a71 the ,administrator shall-- 7#a7 after providing public notice1 consult with1 and solicit advice and recommendations from1 ,state and local governmental officials and other stakeholders1 including nongovernmental organizations2 and 7#b7 ensure transparency in the consultation process4 7d7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate1 and make publicly available1 a report on the results of the review conducted under subsection 7a71 including any recommendations for revisions to the guidance4 #bbaaf4 ,emerging contaminants 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency shall award grants to owners and operators of publicly owned treatment works to be used for the implementation of a pretreatment standard or effluent limitation developed by the ,administrator for the introduction or discharge of a perfluoroalkyl or polyfluoroalkyl substance or other pollutant identified by the ,administrator as a potential contaminant of emerging concern4 7b7 ,definitions ,in this section3 7#a7 ,discharge ,the term discharge has the meaning given that term in section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb74 7#b7 ,effluent limitation ,the term effluent limitation means an effluent limitation under section #cja7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acaa74 7#c7 ,introduction ,the term introduction means the introduction of pollutants into treatment works1 as described in section #cjg7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acag74 7#d7 ,pretreatment standard ,the term pretreatment standard means a pretreatment standard under section #cjg7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acag74 7#e7 ,treatment works ,the term treatment works has the meaning given that term in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib74 7c7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section the following sums3 7#a7 #bjj1jjj1jjj for fiscal year #bjba4 7#b7 #bjj1jjj1jjj for fiscal year #bjbb4 7#c7 #bjj1jjj1jjj for fiscal year #bjbc4 7#d7 #bjj1jjj1jjj for fiscal year #bjbd4 7#e7 #bjj1jjj1jjj for fiscal year #bjbe4 ,b ,local ,water ,protection #bbbja4 ,nonpoint source management programs ,section #cai7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbi7;j77 is amended by striking subsections 7h7 and 7i7 not to exceed and all that follows through fiscal year #aiia and inserting subsections 7h7 and 7i7 #bjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,c ,critical ,regional ,infrastructure ,investments #bbcja4 ,reauthorization of ,chesapeake ,bay ,program ,section #aag7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfg7;j77 is amended by striking #dj1jjj1jjj for each of fiscal years #bjja through #bjje and inserting #ij1jjj1jjj for fiscal year #bjba1 #ij1ejj1jjj for fiscal year #bjbb1 #ia1jjj1jjj for fiscal year #bjbc1 #ia1ejj1jjj for fiscal year #bjbd1 and #ib1jjj1jjj for fiscal year #bjbe4 #bbcjb4 ,san ,francisco ,bay restoration grant program ,title ,i of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 is amended by adding at the end the following3 #abd4 ,san ,francisco ,bay restoration grant program 7a7 ,definitions ,in this section3 7#a7 ,estuary partnership ,the term ,estuary ,partnership means the ,san ,francisco ,estuary ,partnership1 designated as the management conference for the ,san ,francisco ,bay under section #cbj4 7#b7 ,san ,francisco ,bay ,plan ,the term ,san ,francisco ,bay ,plan means-- 7,a7 until the date of the completion of the plan developed by the ,director under subsection 7d71 the comprehensive conservation and management plan approved under section #cbj for the ,san ,francisco ,bay estuary2 and 7,b7 on and after the date of the completion of the plan developed by the ,director under subsection 7d71 the plan developed by the ,director under subsection 7d74 7b7 ,program office 7#a7 ,establishment ,the ,administrator shall establish in the ,environmental ,protection ,agency a ,san ,francisco ,bay ,program ,office4 ,the ,office shall be located at the headquarters of ,region #i of the ,environmental ,protection ,agency4 7#b7 ,appointment of ,director ,the ,administrator shall appoint a ,director of the ,office1 who shall have management experience and technical expertise relating to the ,san ,francisco ,bay and be highly qualified to direct the development and implementation of projects1 activities1 and studies necessary to implement the ,san ,francisco ,bay ,plan4 7#c7 ,delegation of authority2 staffing ,the ,administrator shall delegate to the ,director such authority and provide such staff as may be necessary to carry out this section4 7c7 ,annual priority list 7#a7 ,in general ,after providing public notice1 the ,director shall annually compile a priority list1 consistent with the ,san ,francisco ,bay ,plan1 identifying and prioritizing the projects1 activities1 and studies to be carried out with amounts made available under subsection 7e74 7#b7 ,inclusions ,the annual priority list compiled under paragraph 7#a7 shall include the following3 7,a7 ,projects1 activities1 and studies1 including restoration projects and habitat improvement for fish1 waterfowl1 and wildlife1 that advance the goals and objectives of the ,san ,francisco ,bay ,plan1 for-- 7i7 water quality improvement1 including the reduction of marine litter2 7ii7 wetland1 riverine1 and estuary restoration and protection2 7iii7 nearshore and endangered species recovery2 and 7iv7 adaptation to climate change4 7,b7 ,information on the projects1 activities1 and studies specified under subparagraph 7,a71 including-- 7i7 the identity of each entity receiving assistance pursuant to subsection 7e72 and 7ii7 a description of the communities to be served4 7,c7 ,the criteria and methods established by the ,director for identification of projects1 activities1 and studies to be included on the annual priority list4 7#c7 ,consultation ,in compiling the annual priority list under paragraph 7#a71 the ,director shall consult with1 and consider the recommendations of-- 7,a7 the ,estuary ,partnership2 7,b7 the ,state of ,california and affected local governments in the ,san ,francisco ,bay estuary watershed2 7,c7 the ,san ,francisco ,bay ,restoration ,authority2 and 7,d7 any other relevant stakeholder involved with the protection and restoration of the ,san ,francisco ,bay estuary that the ,director determines to be appropriate4 7d7 ,san ,francisco ,bay ,plan 7#a7 ,in general ,not later than #e years after the date of enactment of this section1 the ,director1 in conjunction with the ,estuary ,partnership1 shall review and revise the comprehensive conservation and management plan approved under section #cbj for the ,san ,francisco ,bay estuary to develop a plan to guide the projects1 activities1 and studies of the ,office to address the restoration and protection of the ,san ,francisco ,bay4 7#b7 ,revision of ,san ,francisco ,bay ,plan ,not less often than once every #e years after the date of the completion of the plan described in paragraph 7#a71 the ,director shall review1 and revise as appropriate1 the ,san ,francisco ,bay ,plan4 7#c7 ,outreach ,in carrying out this subsection1 the ,director shall consult with the ,estuary ,partnership and ,indian tribes and solicit input from other non-,federal stakeholders4 7e7 ,grant program 7#a7 ,in general ,the ,director may provide funding through cooperative agreements1 grants1 or other means to ,state and local agencies1 special districts1 and public or nonprofit agencies1 institutions1 and organizations1 including the ,estuary ,partnership1 for projects1 activities1 and studies identified on the annual priority list compiled under subsection 7c74 7#b7 ,maximum amount of grants2 non-,federal share 7,a7 ,maximum amount of grants ,amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to #ge percent of the total cost of any projects1 activities1 and studies that are to be carried out using those amounts4 7,b7 ,non-,federal share ,not less than #be percent of the cost of any project1 activity1 or study carried out using amounts provided under this section shall be provided from non-,federal sources4 7f7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,administrative expenses ,of the amount made available to carry out this section for a fiscal year1 the ,director may not use more than #e percent to pay administrative expenses incurred in carrying out this section4 7#c7 ,prohibition ,no amounts made available under this section may be used for the administration of a management conference under section #cbj4 7g7 ,annual budget plan ,in each of fiscal years #bjba through #bjbe1 the ,president1 as part of the annual budget submission of the ,president to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 shall submit information regarding each ,federal department and agency involved in ,san ,francisco ,bay protection and restoration1 including-- 7#a7 a report that displays for each ,federal agency-- 7,a7 the amounts obligated in the preceding fiscal year for protection and restoration projects1 activities1 and studies relating to the ,san ,francisco ,bay2 and 7,b7 the proposed budget for protection and restoration projects1 activities1 and studies relating to the ,san ,francisco ,bay2 and 7#b7 a description and assessment of the ,federal role in the implementation of the ,san ,francisco ,bay ,plan and the specific role of each ,federal department and agency involved in ,san ,francisco ,bay protection and restoration1 including specific projects1 activities1 and studies conducted or planned to achieve the identified goals and objectives of the ,san ,francisco ,bay ,plan4 4 #bbcjc4 ,puget sound coordinated recovery ,title ,i of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 is further amended by adding at the end the following3 #abe4 ,puget ,sound 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,coastal nonpoint pollution control program ,the term ,coastal ,nonpoint ,pollution ,control ,program means the ,state of ,washington's ,coastal ,nonpoint ,pollution ,control ,program approved by the ,secretary of ,commerce as required under section #fbag of the ,coastal ,zone ,act ,reauthorization ,amendments of #aiij4 7#b7 ,director ,the term ,director means the ,director of the ,program ,office4 7#c7 ,federal ,action ,plan ,the term ,federal ,action ,plan means the plan developed under subsection 7d77#b77;,b74 7#d7 ,international ,joint ,commission ,the term ,international ,joint ,commission means the ,international ,joint ,commission established by the ,united ,states and ,canada under the ,international ,boundary ,waters ,treaty of #aiji 7#cf ,stat4 #bddh74 7#e7 ,pacific ,salmon ,commission ,the term ,pacific ,salmon ,commission means the ,pacific ,salmon ,commission established by the ,united ,states and ,canada under the ,treaty between the ,government of the ,united ,states of ,america and the ,government of ,canada ,concerning ,pacific ,salmon1 signed at ,ottawa1 ,january #bh1 #aihe 7commonly known as the ,pacific ,salmon ,treaty74 7#f7 ,program ,office ,the term ,program ,office means the ,puget ,sound ,recovery ,national ,program ,office established by subsection 7c74 7#g7 ,puget ,sound ,action ,agenda2 ,action ,agenda ,the term ,puget ,sound ,action ,agenda or ,action ,agenda means the most recent plan developed by the ,puget ,sound ,national ,estuary ,program ,management ,conference1 in consultation with the ,puget ,sound ,tribal ,management ,conference1 and approved by the ,administrator as the comprehensive conservation and management plan for ,puget ,sound under section #cbj4 7#h7 ,puget ,sound ,federal ,leadership ,task ,force ,the term ,puget ,sound ,federal ,leadership ,task ,force means the ,puget ,sound ,federal ,leadership ,task ,force established under subsection 7d74 7#i7 ,puget ,sound ,federal ,task ,force ,the term ,puget ,sound ,federal ,task ,force means the ,puget ,sound ,federal ,task ,force established in #bjaf under a memorandum of understanding among nine ,federal agencies4 7#aj7 ,puget ,sound ,national ,estuary ,program ,management ,conference2 ,management ,conference ,the term ,puget ,sound ,national ,estuary ,program ,management ,conference or ,management ,conference means the management conference for ,puget ,sound convened pursuant to section #cbj4 7#aa7 ,puget ,sound ,partnership ,the term ,puget ,sound ,partnership means the ,state agency that is established under the laws of the ,state of ,washington 7section #ij4ga4baj of the ,revised ,code of ,washington71 or its successor agency1 that has been designated by the ,administrator as the lead entity to support the ,puget ,sound ,national ,estuary ,program ,management ,conference4 7#ab7 ,puget ,sound region 7,a7 ,in general ,the term ,puget ,sound region means the land and waters in the northwest corner of the ,state of ,washington from the ,canadian border to the north to the ,pacific ,ocean on the west1 including ,hood ,canal and the ,strait of ,juan de ,fuca4 7,b7 ,inclusion ,the term ,puget ,sound region includes all of the water that falls on the ,olympic and ,cascade ,mountains and flows to meet ,puget ,sound's marine waters4 7#ac7 ,puget ,sound ,tribal ,management ,conference ,the term ,puget ,sound ,tribal ,management ,conference means the #bj treaty ,indian tribes of western ,washington and the ,northwest ,indian ,fisheries ,commission4 7#ad7 ,salish ,sea ,the term ,salish ,sea means the network of coastal waterways on the west coast of ,north ,america that includes the ,puget ,sound1 the ,strait of ,georgia1 and the ,strait of ,juan de ,fuca4 7#ae7 ,salmon recovery plans ,the term ,salmon ,recovery ,plans means the recovery plans for salmon and steelhead species approved by the ,secretary of the ,interior under section #d7;f7 of the ,endangered ,species ,act of #aigc4 7#af7 ,state ,advisory ,committee ,the term ,state ,advisory ,committee means the advisory committee established by subsection 7e74 7#ag7 ,treaty rights at risk initiative ,the term ,treaty ,rights at ,risk ,initiative means the report from the treaty ,indian tribes of western ,washington entitled ,treaty ,rights at ,risk3 ,ongoing ,habitat ,loss1 the ,decline of the ,salmon ,resource1 and ,recommendations for ,change and dated ,july #ad1 #bjaa1 or its successor report1 which outlines issues and offers solutions for the protection of ,tribal treaty rights1 recovery of salmon habitat1 and management of sustainable treaty and nontreaty salmon fisheries1 including through tribal salmon hatchery programs4 7b7 ,consistency ,all ,federal agencies represented on the ,puget ,sound ,federal ,leadership ,task ,force shall act consistently with the protection of ,tribal1 treaty-reserved rights and1 to the greatest extent practicable given such agencies' existing obligations under ,federal law1 act consistently with the objectives and priorities of the ,action ,agenda1 ,salmon ,recovery ,plans1 the ,treaty ,rights at ,risk ,initiative1 and the ,coastal ,nonpoint ,pollution ,control ,program1 when-- 7#a7 conducting ,federal agency activities within or outside ,puget ,sound that affect any land or water use or natural resources of ,puget ,sound and its tributary waters1 including activities performed by a contractor for the benefit of a ,federal agency2 7#b7 interpreting and enforcing regulations that impact the restoration and protection of ,puget ,sound2 7#c7 issuing ,federal licenses or permits that impact the restoration and protection of ,puget ,sound2 and 7#d7 granting ,federal assistance to ,state1 local1 and ,tribal governments for activities related to the restoration and protection of ,puget ,sound4 7c7 ,puget ,sound ,recovery ,national ,program ,office 7#a7 ,establishment ,there is established in the ,environmental ,protection ,agency a ,puget ,sound ,recovery ,national ,program ,office to be located in the ,state of ,washington4 7#b7 ,director 7,a7 ,in general ,the ,director of the ,program ,office shall be a career reserved position1 as such term is defined in section #cacb7;a77#h7 of title #e1 ,united ,states ,code4 7,b7 ,qualifications ,the ,director of the ,program ,office shall have leadership and project management experience and shall be highly qualified to-- 7i7 direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions2 and 7ii7 align numerous1 and often conflicting1 needs toward implementing a shared ,action ,agenda with visible and measurable outcomes4 7#c7 ,delegation of authority2 staffing ,using amounts made available pursuant to subsection 7i71 the ,administrator shall delegate to the ,director such authority and provide such staff as may be necessary to carry out this section4 7#d7 ,duties ,the ,director shall-- 7,a7 coordinate and manage the timely execution of the requirements of this section1 including the formation and meetings of the ,puget ,sound ,federal ,leadership ,task ,force2 7,b7 coordinate activities related to the restoration and protection of ,puget ,sound across the ,environmental ,protection ,agency2 7,c7 coordinate and align the activities of the ,administrator with the ,action ,agenda1 ,salmon ,recovery ,plans1 the ,treaty ,rights at ,risk ,initiative1 and the ,coastal ,nonpoint ,pollution ,control ,program2 7,d7 promote the efficient use of ,environmental ,protection ,agency resources in pursuit of ,puget ,sound restoration and protection2 7,e7 serve on the ,puget ,sound ,federal ,leadership ,task ,force and collaborate with1 help coordinate1 and implement activities with other ,federal agencies that have responsibilities involving ,puget ,sound restoration and protection2 7,f7 provide or procure such other advice1 technical assistance1 research1 assessments1 monitoring1 or other support as is determined by the ,director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the ,action ,agenda1 ,salmon ,recovery ,plans1 the ,treaty ,rights at ,risk ,initiative1 and the ,coastal ,nonpoint ,pollution ,control ,program consistent with the best available science and to ensure the health of the ,puget ,sound ecosystem2 7,g7 track the progress of the ,environmental ,protection ,agency towards meeting the ,agency's specified objectives and priorities within the ,action ,agenda and the ,federal ,action ,plan2 7,h7 implement the recommendations of the ,comptroller ,general1 set forth in the report entitled ,puget ,sound ,restoration3 ,additional ,actions ,could ,improve ,assessments of ,progress and dated ,july #ai1 #bjah2 7,i7 serve as liaison and coordinate activities for the restoration and protection of the ,salish ,sea1 with ,canadian authorities1 the ,pacific ,salmon ,commission1 and the ,international ,joint ,commission2 and 7,j7 carry out such additional duties as the ,administrator determines necessary and appropriate4 7d7 ,puget ,sound ,federal ,leadership ,task ,force 7#a7 ,establishment ,there is established a ,puget ,sound ,federal ,leadership ,task ,force4 7#b7 ,duties 7,a7 ,general duties ,the ,puget ,sound ,federal ,leadership ,task ,force shall-- 7i7 uphold ,federal trust responsibilities to restore and protect resources crucial to ,tribal treaty rights1 including by carrying out government-to-government consultation with ,indian tribes when requested by such tribes2 7ii7 provide a venue for dialogue and coordination across all ,federal agencies on the ,puget ,sound ,federal ,leadership ,task ,force to align ,federal resources for the purposes of carrying out the requirements of this section and all other ,federal laws that contribute to the restoration and protection of ,puget ,sound1 including by-- 7,i7 enabling and encouraging the ,federal agencies represented on the ,puget ,sound ,federal ,leadership ,task ,force to act consistently with the objectives and priorities of the ,action ,agenda1 ,salmon ,recovery ,plans1 the ,treaty ,rights at ,risk ,initiative1 and the ,coastal ,nonpoint ,pollution ,control ,program2 7,,ii7 facilitating the coordination of ,federal activities that impact the restoration and protection of ,puget ,sound2 7,,iii7 facilitating the delivery of feedback given by ,federal agencies to the ,puget ,sound ,partnership during the development of the ,action ,agenda2 7,,iv7 facilitating the resolution of interagency conflicts associated with the restoration and protection of ,puget ,sound among the agencies represented on the ,puget ,sound ,federal ,leadership ,task ,force2 7,v7 providing a forum for exchanging information among agencies regarding activities being conducted1 including obstacles or efficiencies found1 during ,puget ,sound restoration and protection activities2 and 7,,vi7 promoting the efficient use of government resources in pursuit of ,puget ,sound restoration and protection through coordination and collaboration1 including by ensuring that the ,federal efforts relating to the science necessary for restoration and protection of ,puget ,sound are consistent1 and not duplicative1 across the ,federal ,government2 7iii7 catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from the members of the ,puget ,sound ,federal ,leadership ,task ,force2 7iv7 provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about ,puget ,sound2 7v7 identify and inventory ,federal environmental research and monitoring programs related to ,puget ,sound1 and provide such inventory to the ,puget ,sound ,national ,estuary ,program ,management ,conference2 7vi7 ensure that ,puget ,sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the ,salish ,sea that are being conducted by ,canadian authorities1 the ,pacific ,salmon ,commission1 and the ,international ,joint ,commission2 7vii7 establish any necessary working groups or advisory committees necessary to assist the ,puget ,sound ,federal ,leadership ,task ,force in its duties1 including public policy and scientific issues2 7viii7 raise national awareness of the significance of ,puget ,sound2 7ix7 work with the ,office of ,management and ,budget to give input on the crosscut budget under subsection 7h72 and 7x7 submit a biennial report under subsection 7g7 on the progress made toward carrying out the ,federal ,action ,plan4 7,b7 ,puget ,sound ,federal ,action ,plan 7i7 ,in general ,not later than #e years after the date of enactment of this section1 the ,puget ,sound ,federal ,leadership ,task ,force shall develop and approve a ,federal ,action ,plan that leverages ,federal programs across agencies and serves to coordinate diverse programs on a specific suite of priorities on ,puget ,sound recovery4 7ii7 ,revision of ,puget ,sound ,federal ,action ,plan ,not less often than once every #e years after the date of completion of the ,federal ,action ,plan described in clause 7i71 the ,puget ,sound ,federal ,leadership ,task ,force shall review1 and revise as appropriate1 the ,federal ,action ,plan4 7,c7 ,feedback by ,federal agencies ,in facilitating feedback under subparagraph 7,a77ii77,,iii71 the ,puget ,sound ,federal ,leadership ,task ,force shall request ,federal agencies to consider1 at a minimum1 possible ,federal actions designed to-- 7i7 further the goals1 targets1 and actions of the ,action ,agenda1 ,salmon ,recovery ,plans1 the ,treaty ,rights at ,risk ,initiative1 and the ,coastal ,nonpoint ,pollution ,control ,program2 7ii7 implement and enforce this ,act1 the ,endangered ,species ,act of #aigc1 and all other ,federal laws that contribute to the restoration and protection of ,puget ,sound1 including those that protect ,tribal treaty rights2 7iii7 prevent the introduction and spread of invasive species2 7iv7 prevent the destruction of marine and wildlife habitats2 7v7 protect1 restore1 and conserve forests1 wetlands1 riparian zones1 and nearshore waters that provide marine and wildlife habitat2 7vi7 promote resilience to climate change and ocean acidification effects2 7vii7 conserve and recover endangered species under the ,endangered ,species ,act of #aigc2 7viii7 restore fisheries so that they are sustainable and productive2 7ix7 preserve biodiversity2 7x7 restore and protect ecosystem services that provide clean water1 filter toxic chemicals1 and increase ecosystem resilience2 and 7xi7 improve water quality and restore wildlife habitat1 including by preventing and managing stormwater runoff1 incorporating erosion control techniques and trash capture devices1 using sustainable stormwater practices1 and mitigating and minimizing nonpoint source pollution1 including marine litter4 7#c7 ,participation of ,state ,advisory ,committee and ,puget ,sound ,tribal ,management ,conference 7,a7 ,in general ,the ,puget ,sound ,federal ,leadership ,task ,force shall carry out its duties with input from1 and in collaboration with1 the ,state ,advisory ,committee and ,puget ,sound ,tribal ,management ,conference4 7,b7 ,specific advice and recommendations ,the ,puget ,sound ,federal ,leadership ,task ,force shall seek the advice and recommendations of the ,state ,advisory ,committee and ,puget ,sound ,tribal ,management ,conference on the actions1 progress1 and issues pertaining to restoration and protection of ,puget ,sound4 7#d7 ,membership 7,a7 ,qualifications ,members appointed under this paragraph shall have experience and expertise in matters of restoration and protection of large watersheds and bodies of water or related experience that will benefit the restoration and protection effort of ,puget ,sound4 7,b7 ,composition ,the ,puget ,sound ,federal ,leadership ,task ,force shall be composed of the following members3 7i7 ,secretary of ,agriculture ,the following individuals appointed by the ,secretary of ,agriculture3 7,i7 ,a representative of the ,national ,forest ,service4 7,,ii7 ,a representative of the ,natural ,resources ,conservation ,service4 7ii7 ,secretary of ,commerce ,a representative of the ,national ,oceanic and ,atmospheric ,administration appointed by the ,secretary of ,commerce4 7iii7 ,secretary of ,defense ,the following individuals appointed by the ,secretary of ,defense3 7,i7 ,a representative of the ,corps of ,engineers4 7,,ii7 ,a representative of the ,joint ,base ,lewis-,mc,chord4 7,,iii7 ,a representative of the ,navy ,region ,northwest4 7iv7 ,director ,the ,director of the ,program ,office4 7v7 ,secretary of ,homeland ,security ,the following individuals appointed by the ,secretary of ,homeland ,security3 7,i7 ,a representative of the ,coast ,guard4 7,,ii7 ,a representative of the ,federal ,emergency ,management ,agency4 7vi7 ,secretary of the ,interior ,the following individuals appointed by the ,secretary of the ,interior3 7,i7 ,a representative of the ,bureau of ,indian ,affairs4 7,,ii7 ,a representative of the ,united ,states ,fish and ,wildlife ,service4 7,,iii7 ,a representative of the ,united ,states ,geological ,survey4 7,,iv7 ,a representative of the ,national ,park ,service4 7vii7 ,secretary of ,transportation ,the following individuals appointed by the ,secretary of ,transportation3 7,i7 ,a representative of the ,federal ,highway ,administration4 7,,ii7 ,a representative of the ,federal ,transit ,administration4 7viii7 ,additional members ,representatives of such other agencies1 programs1 and initiatives as the ,puget ,sound ,federal ,leadership ,task ,force determines necessary4 7#e7 ,leadership ,the ,co-,chairs shall ensure the ,puget ,sound ,federal ,leadership ,task ,force completes its duties through robust discussion of all relevant issues4 ,the ,co-,chairs shall share leadership responsibilities equally4 7#f7 ,co-,chairs ,the following members of the ,puget ,sound ,federal ,leadership ,task ,force appointed under paragraph 7#e7 shall serve as ,co-,chairs of the ,puget ,sound ,federal ,leadership ,task ,force3 7,a7 ,the representative of the ,national ,oceanic and ,atmospheric ,administration4 7,b7 ,the representative of the ,puget ,sound ,recovery ,national ,program ,office4 7,c7 ,the representative of the ,corps of ,engineers4 7#g7 ,meetings 7,a7 ,initial meeting ,the ,puget ,sound ,federal ,leadership ,task ,force shall meet not later than #ahj days after the date of enactment of this section-- 7i7 to determine if all ,federal agencies are properly represented2 7ii7 to establish the bylaws of the ,puget ,sound ,federal ,leadership ,task ,force2 7iii7 to establish necessary working groups or committees2 and 7iv7 to determine subsequent meeting times1 dates1 and logistics4 7,b7 ,subsequent meetings ,after the initial meeting1 the ,puget ,sound ,federal ,leadership ,task ,force shall meet1 at a minimum1 twice per year to carry out the duties of the ,puget ,sound ,federal ,leadership ,task ,force4 7,c7 ,working group meetings ,meetings of any established working groups or committees of the ,puget ,sound ,federal ,leadership ,task ,force shall not be considered a biannual meeting for purposes of subparagraph 7,b74 7,d7 ,joint meetings ,the ,puget ,sound ,federal ,leadership ,task ,force shall offer to meet jointly with the ,puget ,sound ,national ,estuary ,program ,management ,conference and the ,puget ,sound ,tribal ,management ,conference1 at a minimum1 once per year4 ,a joint meeting under this subparagraph may be considered a biannual meeting of the ,puget ,sound ,federal ,leadership ,task ,force for purposes of subparagraph 7,b71 if agreed upon4 7,e7 ,quorum ,a majority number of the members of the ,puget ,sound ,federal ,leadership ,task ,force shall constitute a quorum4 7,f7 ,voting ,for the ,puget ,sound ,federal ,leadership ,task ,force to pass a measure1 a two-thirds percentage of the quorum must vote in the affirmative4 7#h7 ,puget ,sound ,federal ,leadership ,task ,force procedures and advice 7,a7 ,advisors ,the ,puget ,sound ,federal ,leadership ,task ,force1 and any working group of the ,puget ,sound ,federal ,leadership ,task ,force1 may seek advice and input from any interested1 knowledgeable1 or affected party as the ,puget ,sound ,federal ,leadership ,task ,force or working group1 respectively1 determines necessary to perform its duties4 7,b7 ,compensation ,a member of the ,puget ,sound ,federal ,leadership ,task ,force shall receive no additional compensation for service as a member on the ,puget ,sound ,federal ,leadership ,task ,force4 7,c7 ,travel expenses ,travel expenses incurred by a member of the ,puget ,sound ,federal ,leadership ,task ,force in the performance of service on the ,puget ,sound ,federal ,leadership ,task ,force may be paid by the agency or department that the member represents4 7#i7 ,puget ,sound ,federal ,task ,force 7,a7 ,in general ,on the date of enactment of this section1 the #bjaf memorandum of understanding establishing the ,puget ,sound ,federal ,task ,force shall cease to be effective4 7,b7 ,use of previous work ,the ,puget ,sound ,federal ,leadership ,task ,force shall1 to the extent practicable1 use the work product produced1 relied upon1 and analyzed by the ,puget ,sound ,federal ,task ,force in order to avoid duplicating the efforts of the ,puget ,sound ,federal ,task ,force4 7e7 ,state ,advisory ,committee 7#a7 ,establishment ,there is established a ,state ,advisory ,committee4 7#b7 ,membership ,the committee shall consist of up to seven members designated by the governing body of the ,puget ,sound ,partnership1 in consultation with the ,governor of ,washington1 who will represent ,washington ,state agencies that have significant roles and responsibilities related to ,puget ,sound recovery4 7f7 ,federal ,advisory ,committee ,act ,the ,puget ,sound ,federal ,leadership ,task ,force1 ,state ,advisory ,committee1 and any working group of the ,puget ,sound ,federal ,leadership ,task ,force1 shall not be considered an advisory committee under the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7g7 ,puget ,sound ,federal ,leadership ,task ,force biennial report on ,puget ,sound recovery activities 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 and biennially thereafter1 the ,puget ,sound ,federal ,leadership ,task ,force1 in collaboration with the ,puget ,sound ,tribal ,management ,conference and the ,state ,advisory ,committee1 shall submit to the ,president1 ,congress1 the ,governor of ,washington1 and the governing body of the ,puget ,sound ,partnership a report that summarizes the progress1 challenges1 and milestones of the ,puget ,sound ,federal ,leadership ,task ,force on the restoration and protection of ,puget ,sound4 7#b7 ,contents ,the report under paragraph 7#a7 shall include a description of the following3 7,a7 ,the roles and progress of each ,state1 local government entity1 and ,federal agency that has jurisdiction in the ,puget ,sound region toward meeting the identified objectives and priorities of the ,action ,agenda1 ,salmon ,recovery ,plans1 the ,treaty ,rights at ,risk ,initiative1 and the ,coastal ,nonpoint ,pollution ,control ,program4 7,b7 ,if available1 the roles and progress of ,tribal governments that have jurisdiction in the ,puget ,sound region toward meeting the identified objectives and priorities of the ,action ,agenda1 ,salmon ,recovery ,plans1 the ,treaty ,rights at ,risk ,initiative1 and the ,coastal ,nonpoint ,pollution ,control ,program4 7,c7 ,a summary of specific recommendations concerning implementation of the ,action ,agenda and ,federal ,action ,plan1 including challenges1 barriers1 and anticipated milestones1 targets1 and timelines4 7,d7 ,a summary of progress made by ,federal agencies toward the priorities identified in the ,federal ,action ,plan4 7h7 ,crosscut budget report 7#a7 ,financial report ,not later than #a year after the date of enactment of this section1 and every #e years thereafter1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,puget ,sound ,federal ,leadership ,task ,force1 shall1 in conjunction with the annual budget submission of the ,president to ,congress for the year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 submit to ,congress and make available to the public1 including on the internet1 a financial report that is certified by the head of each agency represented by the ,puget ,sound ,federal ,leadership ,task ,force4 7#b7 ,contents ,the report shall contain an interagency crosscut budget relating to ,puget ,sound restoration and protection activities that displays-- 7,a7 the proposed funding for any ,federal restoration and protection activity to be carried out in the succeeding fiscal year1 including any planned interagency or intra-agency transfer1 for each of the ,federal agencies that carry out restoration and protection activities2 7,b7 the estimated expenditures for ,federal restoration and protection activities from the preceding #b fiscal years1 the current fiscal year1 and the succeeding fiscal year2 and 7,c7 the estimated expenditures for ,federal environmental research and monitoring programs from the preceding #b fiscal years1 the current fiscal year1 and the succeeding fiscal year4 7#c7 ,included recovery activities ,with respect to activities described in the report1 the report shall only describe activities that have funding amounts more than #ajj1jjj4 7#d7 ,submission to ,congress ,the ,director of the ,office of ,management and ,budget shall submit the report to-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,natural ,resources1 the ,committee on ,energy and ,commerce1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,environment and ,public ,works1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7i7 ,authorization of appropriations ,in addition to any other funds authorized to be appropriated for activities related to ,puget ,sound1 there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 7j7 ,preservation of ,treaty ,obligations and ,existing ,federal ,status 7#a7 ,tribal ,treaty ,rights ,nothing in this section affects1 or is intended to affect1 any right reserved by treaty between the ,united ,states and one or more ,indian tribes4 7#b7 ,other federal law ,nothing in this section affects the requirements and procedures of other ,federal law4 7k7 ,consistency ,actions authorized or implemented under this section shall be consistent with-- 7#a7 the ,endangered ,species ,act of #aigc and the ,salmon ,recovery ,plans of the ,state of ,washington2 7#b7 the ,coastal ,zone ,management ,act of #aigb and the ,coastal ,nonpoint ,pollution ,control ,program2 7#c7 the water quality standards of the ,state of ,washington approved by the ,administrator under section #cjc2 and 7#d7 other applicable ,federal requirements4 4 #bbcjd4 ,great ,lakes ,restoration ,initiative ,reauthorization ,section #aah7;c77#g77;,j77i7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh7;c77#g77;,j77i77 is amended-- 7#a7 by striking is authorized and inserting are authorized2 7#b7 by striking the period at the end and inserting a semicolon2 7#c7 by striking this paragraph #cjj1jjj1jjj and inserting the following3 this paragraph-- 7,i7 #cjj1jjj1jjj 2 and 7#d7 by adding at the end the following3 7,,ii7 #cge1jjj1jjj for fiscal year #bjbb2 7,,iii7 #djj1jjj1jjj for fiscal year #bjbc2 7,,iv7 #dbe1jjj1jjj for fiscal year #bjbd2 7,v7 #dej1jjj1jjj for fiscal year #bjbe2 and 7,,vi7 #dge1jjj1jjj for fiscal year #bjbf4 4 #bbcje4 ,national ,estuary ,program reauthorization 7a7 ,management conference ,section #cbj7;a77#b77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #accj7;a77#b77;,b77 is amended by striking and ,peconic ,bay1 ,new ,york and inserting ,peconic ,bay1 ,new ,york2 ,casco ,bay1 ,maine2 ,tampa ,bay1 ,florida2 ,coastal ,bend1 ,texas2 ,san ,juan ,bay1 ,puerto ,rico2 ,tillamook ,bay1 ,oregon2 ,piscataqua ,region1 ,new ,hampshire2 ,barnegat ,bay1 ,new ,jersey2 ,maryland ,coastal ,bays1 ,maryland2 ,charlotte ,harbor1 ,florida2 ,mobile ,bay1 ,alabama2 ,morro ,bay1 ,california2 and ,lower ,columbia ,river1 ,oregon and ,washington4 7b7 ,purposes of conference ,section #cbj7;b77#d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #accj7;b77#d77 is amended-- 7#a7 by striking management plan that recommends and inserting 8management plan that-- 7,a7 recommends 2 and 7#b7 by adding at the end the following3 7,b7 addresses the effects of recurring extreme weather events on the estuary1 including the identification and assessment of vulnerabilities in the estuary and the development and implementation of adaptation strategies2 and 7,c7 increases public education and awareness of the ecological health and water quality conditions of the estuary2 4 7c7 ,members of conference ,section #cbj7;c77#e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #accj7;c77#e77 is amended by inserting nonprofit organizations1 after educational institutions14 7d7 ,grants ,section #cbj7;g77#d77;,c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #accj7;g77#d77;,c77 is amended-- 7#a7 in the matter preceding clause 7i7-- 7,a7 by inserting 1 emerging1 after urgent2 and 7,b7 by striking coastal areas and inserting the estuaries selected by the ,administrator under subsection 7a77#b71 or that relate to the coastal resiliency of such estuaries2 7#b7 by redesignating clauses 7vi7 and 7vii7 as clauses 7viii7 and 7ix71 respectively1 and inserting after clause 7v7 the following3 7vi7 stormwater runoff2 7vii7 accelerated land loss2 2 and 7#c7 in clause 7viii71 as so redesignated1 by inserting 1 extreme weather1 after sea level rise4 7e7 ,authorization of appropriations ,section #cbj7;i77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #accj7;i77#a77 is amended by inserting 1 and #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf1 after #bjba4 #bbcjf4 ,lake ,pontchartrain ,basin ,restoration ,program reauthorization 7a7 ,review of comprehensive management plan ,section #aba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgc7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#e71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#f71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#g7 ensure that the comprehensive conservation and management plan approved for the ,basin under section #cbj is reviewed and revised in accordance with section #cbj not less often than once every #e years1 beginning on the date of enactment of this paragraph4 2 and 7#b7 in subsection 7d71 by striking recommended by a management conference convened for the ,basin under section #cbj and inserting identified in the comprehensive conservation and management plan approved for the ,basin under section #cbj4 7b7 ,definitions ,section #aba7;e77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgc7;e77#a77 is amended by striking 1 a #e1jjj square mile4 7c7 ,authorization of appropriations ,section #aba7;f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgc7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking #bjja through #bjab and the amount appropriated for fiscal year #bjji for each of fiscal years #bjac through #bjag and inserting #bjba through #bjbe2 and 7#b7 by adding at the end the following3 7#c7 ,administrative expenses ,the ,administrator may use for administrative expenses not more than #e percent of the amounts appropriated to carry out this section4 4 #bbcjg4 ,long ,island ,sound ,program ,reauthorization ,section #aai7;h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfi7;h77 is amended by striking #bjbc and inserting #bjbe4 #bbcjh4 ,columbia ,river ,basin ,restoration ,program ,reauthorization ,section #abc7;d77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abge7;d77#f77 is amended by striking #bjba and inserting #bjbe4 ,,iii ,resilience ,revolving ,loan ,fund #bcjja4 ,short title ,this title may be cited as the ,resilience ,revolving ,loan ,fund ,act of #bjbj4 #bcjjb4 ,grants to entities for establishment of hazard mitigation revolving loan funds ,title ,,ii of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaca et seq47 is amended by adding at the end the following3 #bje ,grants to entities for establishment of hazard mitigation revolving loan funds 7a7 ,general authority 7#a7 ,in general ,the ,administrator may enter into agreements with eligible entities to make capitalization grants to such entities for the establishment of hazard mitigation revolving loan funds 7referred to in this section as entity loan funds7 for providing funding assistance to local governments to carry out eligible projects under this section to reduce disaster risks for homeowners1 businesses1 nonprofit organizations1 and communities in order to decrease-- 7,a7 the loss of life and property2 7,b7 the cost of insurance claims2 and 7,c7 ,federal disaster payments4 7#b7 ,agreements ,any agreement entered into under this section shall require the participating entity to-- 7,a7 comply with the requirements of this section2 and 7,b7 use accounting1 audit1 and fiscal procedures conforming to generally accepted accounting standards4 7b7 ,application 7#a7 ,in general ,to be eligible to receive a capitalization grant under this section1 an eligible entity shall submit to the ,administrator an application that includes the following3 7,a7 ,project proposals comprised of local government hazard mitigation projects1 on the condition that the entity provides public notice not less than #f weeks prior to the submission of an application4 7,b7 ,an assessment of recurring major disaster vulnerabilities impacting the entity that demonstrates an escalating risk to life and property4 7,c7 ,a description of how the hazard mitigation plan of the entity has or has not taken the vulnerabilities described in paragraph 7#b7 into account4 7,d7 ,a description about how the projects described in paragraph 7#a7 could conform with the hazard mitigation plans of the entity and local governments4 7,e7 ,a proposal of the systematic and regional approach to achieve resilience in a vulnerable area1 including impacts to river basins1 river corridors1 watersheds1 estuaries1 bays1 coastal regions1 micro-basins1 micro-watersheds1 ecosystems1 and areas at risk of earthquakes1 tsunamis1 droughts1 and wildfires1 including the wildland-urban interface4 7#b7 ,technical assistance ,the ,administrator shall provide technical assistance to eligible entities for applications under this section4 7c7 ,entity loan fund 7#a7 ,establishment of fund ,an entity that receives a capitalization grant under this section shall establish an entity loan fund that complies with the requirements of this subsection4 7#b7 ,fund management ,except as provided in paragraph 7#c71 an entity loan fund shall be administered by the agency responsible for emergency management for such entity and shall include only-- 7,a7 funds provided by a capitalization grant under this section2 7,b7 repayments of loans under this section to the entity loan fund2 and 7,c7 interest earned on amounts in the entity loan fund4 7#c7 ,administration ,a participating entity may combine the financial administration of the entity loan fund of such entity with the financial administration of any other revolving fund established by such entity if the ,administrator determines that-- 7,a7 the capitalization grant1 entity share1 repayments of loans1 and interest earned on amounts in the entity loan fund are accounted for separately from other amounts in the revolving fund2 and 7,b7 the authority to establish assistance priorities and carry out oversight activities remains in the control of the agency responsible for emergency management for the entity4 7#d7 ,entity share of funds ,on or before the date on which a participating entity receives a capitalization grant under this section1 the entity shall deposit into the entity loan fund of such entity1 an amount equal to not less than #aj percent of the amount of the capitalization grant4 7d7 ,apportionment 7#a7 ,in general ,except as otherwise provided by this subsection1 the ,administrator shall apportion funds made available to carry out this section to entities that have entered into an agreement under subsection 7a77#b7 in amounts as determined by the ,administrator4 7#b7 ,reservation of funds ,the ,administrator shall reserve not more than #b4e percent of the amount made available to carry out this section for-- 7,a7 administrative costs incurred in carrying out this section2 and 7,b7 providing technical assistance to participating entities under subsection 7b77#b74 7#c7 ,priority ,in the apportionment of capitalization grants under this subsection1 the ,administrator shall give priority to entity applications under subsection 7b7 that-- 7,a7 propose projects increasing resilience and reducing risk of harm to natural and built infrastructure2 7,b7 involve a partnership between two or more eligible entities to carry out a project or similar projects2 7,c7 take into account regional impacts of hazards on river basins1 river corridors1 micro-watersheds1 macro-watersheds1 estuaries1 bays1 coastal regions1 and areas vulnerable to earthquake1 drought1 tsunamis and wildfire1 including the wildland-urban interface2 or 7,d7 propose projects for the resilience of major economic sectors or critical national infrastructure1 including ports1 global commodity supply chain assets 7located within an entity or within the jurisdiction of local governments and tribal governments71 capacity1 power and water production and distribution centers1 and bridges and waterways essential to interstate commerce4 7e7 ,use of funds 7#a7 ,types of assistance ,amounts deposited in an entity loan fund1 including loan repayments and interest earned on such amounts1 may be used-- 7,a7 to make loans1 on the condition that-- 7i7 such loans are made at an interest rate of not more than #a4e percent2 7ii7 annual principal and interest payments will commence not later than #a year after completion of any project and all loans will be fully amortized-- 7,i7 not later than #bj years after the date on which the project is completed2 or 7,,ii7 for projects in a low-income geographic area1 not later than #cj years after the date on which the projects is completed and not longer than the expected design life of the project2 7iii7 the local government receiving a loan establishes a dedicated source of revenue for repayment of the loan2 7iv7 the local government receiving a loan has a hazard mitigation plan that has been approved by the participating entity2 and 7v7 the entity loan fund will be credited with all payments of principal and interest on all loans2 7,b7 for mitigation planning1 not to exceed #aj percent of the capitalization grants made to the participating entity in a fiscal year2 7,c7 for the reasonable costs of administering the fund and conducting activities under this section1 except that such amounts shall not exceed #ajj1jjj per year1 #b percent of the capitalization grants made to the participating entity in a fiscal year1 or #a percent of the value of the entity loan fund1 whichever amount is greatest1 plus the amount of any fees collected by the entity for such purpose regardless of the source2 and 7,d7 to earn interest on the entity loan fund4 7#b7 ,prohibition on determination that loan is a duplication ,in carrying out this section1 ,administrator may not determine that a loan is a duplication of assistance or a duplication of programs4 7#c7 ,projects and activities eligible for assistance ,except as provided in this subsection1 a participating entity may use funds in the entity loan fund to provide financial assistance for projects or activities that mitigate the impacts of hazards1 including-- 7,a7 drought and prolonged episodes of intense heat2 7,b7 severe storms1 including tornados1 wind storms1 cyclones1 and severe winter storms2 7,c7 wildfires2 7,d7 earthquakes2 7,e7 flooding1 including the construction1 repair1 or replacement of a non-,federal levee or other flood control structure1 provided the ,administrator1 in consultation with the ,corps of ,engineers 7if appropriate71 requires an eligible entity to determine that such levee or structure is designed1 constructed1 and maintained in accordance with sound engineering practices and standards equivalent to the purpose for which such levee or structure is intended2 7,f7 storm surges2 7,g7 chemical spills that present an imminent threat to life and property2 7,h7 seepage resulting from chemical spills and flooding2 and 7,i7 any catastrophic event that the entity determines appropriate4 7#d7 ,zoning and land use planning changes ,a participating entity may use not more than #aj percent of the entity loan fund in a fiscal year to provide financial assistance for zoning and land use planning changes focused on-- 7,a7 the development and improvement of zoning and land use codes that incentivize and encourage low-impact development1 resilient wildland-urban interface land management and development1 natural infrastructure1 green stormwater management1 conservation areas adjacent to floodplains1 implementation of watershed or greenway master plans1 and reconnection of floodplains2 7,b7 the study and creation of land use incentives that reward developers for greater reliance on low impact development stormwater best management practices1 exchange density increases for increased open space and improvement of neighborhood catch basins to mitigate urban flooding1 reward developers for including and augmenting natural infrastructure adjacent to and around building projects without reliance on increased sprawl1 and reward developers for addressing wildfire ignition2 and 7,c7 the study and creation of an erosion response plan that accommodates river1 lake1 forest1 plains1 and ocean shoreline retreating or bluff stabilization due to increased flooding and disaster impacts4 7#e7 ,administrative and technical costs ,for each fiscal year1 a participating entity may use the amount described in paragraph 7#a77;,c7 to-- 7,a7 pay the reasonable costs of administering the programs under this section1 including the cost of establishing an entity loan fund2 7,b7 provide technical assistance to recipients of financial assistance from the entity loan fund1 on the condition that such technical assistance does not exceed #e percent of the capitalization grant made to such entity4 7#f7 ,limitation for single projects ,a participating entity may not provide an amount equal to or more than #e1jjj1jjj to a single hazard mitigation project4 7#g7 ,requirements ,for fiscal year #bjbj and each fiscal year thereafter1 the requirements of subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code1 shall apply to the construction of projects carried out in whole or in part with assistance made available by an entity loan fund authorized by this section4 7f7 ,intended use plans 7#a7 ,in general ,after providing for public comment and review1 and consultation with appropriate agencies in an entity1 ,federal agencies1 and interest groups1 each participating entity shall annually prepare and submit to the ,administrator a plan identifying the intended uses of the entity loan fund4 7#b7 ,contents of plan ,an entity intended use plan prepared under paragraph 7#a7 shall include-- 7,a7 the integration of entity planning efforts1 including entity hazard mitigation plans and other programs and initiatives relating to mitigation of major disasters carried out by such entity2 7,b7 an explanation of the mitigation and resiliency benefits the entity intends to achieve by-- 7i7 reducing future damage and loss associated with hazards2 7ii7 reducing the number of severe repetitive loss structures and repetitive loss structures in the entity2 7iii7 decreasing the number of insurance claims in the entity from injuries resulting from major disasters or other hazards2 and 7iv7 increasing the rating under the community rating system under section #acae7;b7 of the ,housing and ,urban ,development ,act of #aifh 7#db ,u4,s4,c4 #djbb7;b77 for communities in the entity2 7,c7 information on the availability of1 and application process for1 financial assistance from the entity loan fund of such entity2 7,d7 the criteria and methods established for the distribution of funds2 7,e7 the amount of financial assistance that the entity anticipates apportioning2 7,f7 the expected terms of the assistance provided from the entity loan fund2 and 7,g7 a description of the financial status of the entity loan fund1 including short-term and long-term goals for the fund4 7g7 ,audits1 reports1 publications1 and oversight 7#a7 ,biennial entity audit and report ,beginning not later than the last day of the second fiscal year after the receipt of payments under this section1 and biennially thereafter1 any participating entity shall-- 7,a7 conduct an audit of such fund established under subsection 7b72 and 7,b7 provide to the ,administrator a report including-- 7i7 the result of any such audit2 and 7ii7 a review of the effectiveness of the entity loan fund of the entity with respect to meeting the goals and intended benefits described in the intended use plan submitted by the entity under subsection 7e74 7#b7 ,publication ,a participating entity shall publish and periodically update information about all projects receiving funding from the entity loan fund of such entity1 including-- 7,a7 the location of the project2 7,b7 the type and amount of assistance provided from the entity loan fund2 7,c7 the expected funding schedule2 and 7,d7 the anticipated date of completion of the project4 7#c7 ,oversight 7,a7 ,in general ,the ,administrator shall1 at least every #d years1 conduct reviews and audits as may be determined necessary or appropriate by the ,administrator to carry out the objectives of this section and determine the effectiveness of the fund in reducing hazard risk4 7,b7 ,,gao requirements ,the entity shall conduct audits under paragraph 7#a7 in accordance with the auditing procedures of the ,government ,accountability ,office1 including chapter #ge of title #ca4 7,c7 ,recommendations by ,administrator ,the ,administrator may at any time make recommendations for or require specific changes to an entity's loan fund in order to improve the effectiveness of the fund4 7h7 ,regulations or guidance ,the ,administrator shall issue such regulations or guidance as are necessary to-- 7#a7 ensure that each participating entity uses funds as efficiently as possible2 and 7#b7 reduce waste1 fraud1 and abuse to the maximum extent possible4 7i7 ,waiver ,authority ,until such time as the ,administrator issues regulations to implement this section1 the ,administrator may-- 7#a7 waive notice and comment rulemaking1 if the ,administrator determines the waiver is necessary to expeditiously implement this section2 and 7#b7 provide capitalization grants under this section as a pilot program4 7j7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,eligible entity ,the term eligible entity means a ,state or an ,indian tribal government 7as such terms are defined in section #ajb of this ,act 7#db ,u4,s4,c4 #eabb774 7#b7 ,hazard mitigation plan ,the term hazard mitigation plan means a mitigation plan submitted under section #cbb and approved by the ,administrator4 7#c7 ,low-income geographic area ,the term low-income geographic area means an area described in paragraph 7#a7 or 7#b7 of section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#d7 ,participating entity ,the term participating entity means an eligible entity that has entered into an agreement under this section4 7#e7 ,repetitive loss structure ,the term repetitive loss structure has the meaning given the term in section #acgj of the ,national ,flood ,insurance ,act 7#db ,u4,s4,c4 #daba74 7#f7 ,severe repetitive loss structure ,the term severe repetitive loss structure has the meaning given the term in section #acff7;h7 of the ,national ,flood ,insurance ,act 7#db ,u4,s4,c4 #dajd;c7h74 7#g7 ,wildland-urban interface ,the term wildland-urban interface has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7k7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjba and #bjbb4 4 ,,iv ,sports ,fishing #bdjja4 ,short title ,this title may be cited as the ,sport ,fish ,restoration1 ,recreational ,boating ,safety1 and ,wildlife ,restoration ,act of #bjbj4 #bdjjb4 ,division of annual appropriations 7a7 ,in general ,section #d of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;c7 is amended-- 7#a7 in subsection 7a71 by striking #bjba and inserting #bjbe2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking #bjba and inserting #bjbe2 and 7ii7 by amending subparagraph 7,b7 to read as follows-- 7,b7 ,available amounts ,the available amount referred to in subparagraph 7,a7 is-- 7i7 for fiscal year #bjba1 #ab1fbe1dai2 and 7ii7 for fiscal year #bjbb and each fiscal year thereafter1 the sum of-- 7,i7 the available amount for the preceding fiscal year2 and 7,,ii7 the amount determined by multiplying-- 7aa7 the available amount for the preceding fiscal year2 and 7bb7 the change1 relative to the preceding fiscal year1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking #bjaf through #bjba and inserting #bjbb through #bjbe2 and 7ii7 by amending subparagraph 7,b7 to read as follows-- 7,b7 ,available amounts ,the available amount referred to in subparagraph 7,a7 is-- 7i7 for fiscal year #bjba1 #h1ihh1gjj2 and 7ii7 for fiscal year #bjbb and each fiscal year thereafter1 the sum of-- 7,i7 the available amount for the preceding fiscal year2 and 7,,ii7 the amount determined by multiplying-- 7aa7 the available amount for the preceding fiscal year2 and 7bb7 the change1 relative to the preceding fiscal year1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor4 2 and 7#c7 in subsection 7e77#b71 by striking #ijj1jjj and inserting #a1cjj1jjj4 7b7 ,administration ,section #i7;a7 of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;h7a77 is amended-- 7#a7 in paragraph 7#a71 by striking on a full-time basis2 7#b7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 through 7#ab7 as paragraphs 7#b7 through 7#aa71 respectively2 7#c7 by striking paragraphs 7#a7 and 7#b7 and inserting paragraph 7#a7 each place it appears2 7#d7 in paragraph 7#d77;,b71 as so redesignated1 by striking full-time equivalent2 and 7#e7 in paragraph 7#h77;,a71 as so redesignated1 by striking on a full-time basis4 7c7 ,other activities ,section #ad7;e7 of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #gggm7e77 is amended by adding at the end the following3 7#c7 ,a portion1 as determined by the ,sport ,fishing and ,boating ,partnership ,council1 of funds disbursed for the purposes described in paragraph 7#b7 but remaining unobligated prior to fiscal year #bjbj shall be used to study-- 7,a7 the impact of derelict recreational vessels on recreational boating safety and recreational fishing2 and 7,b7 identify options and methods for recycling for recreational vessels4 4 #bdjjc4 ,recreational boating access 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on recreational boating access4 ,in carrying out such study1 the ,comptroller ,general shall consult with the ,sport ,fishing and ,boating ,partnership ,council and the ,national ,boating ,safety ,advisory ,council on the design1 scope1 and priorities of such study4 7b7 ,contents ,to the extent practicable1 the study required under subsection 7a7 shall contain a description of-- 7#a7 the use of nonmotorized vessels in each ,state and how the increased use of nonmotorized vessels is impacting motorized and nonmotorized vessel access to waterway entry points2 7#b7 recreational fishing and boating user conflicts concerning motorized and nonmotorized vessels at waterway access points2 and 7#c7 the use of funds provided under the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg et seq47 for-- 7,a7 the sport fish restoration program to improve nonmotorized vessel access at waterway entry points and the reasons for providing such access2 and 7,b7 the ,recreational ,boating ,safety ,program funds for nonmotorized boating safety programs4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,sport ,fishing and ,boating ,partnership ,council1 the ,committees on ,natural ,resources and ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committees on ,commerce1 ,science1 and ,transportation and ,environment and ,public ,works of the ,senate a report containing the study required under this section4 7d7 ,state defined ,in this section1 the term ,state means any ,state1 the ,district of ,columbia1 the ,commonwealths of ,puerto ,rico and the ,northern ,mariana ,islands1 and the territories of ,guam1 the ,u4,s4 ,virgin ,islands1 and ,american ,samoa4 #bdjjd4 ,wildlife ,restoration ,fund administration 7a7 ,allocation and apportionment of available amounts ,section #d of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;c71 is amended-- 7#a7 in subsection 7a77#a77;,b7-- 7,a7 in clause 7i7 by striking for each of fiscal years #bjja and #bjjb1 #i1jjj1jjj2 and inserting the following3 for fiscal year #bjba1 the sum of-- 7,i7 the amount made available under this paragraph for the previous fiscal year adjusted to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers relative to such previous fiscal year2 and 7,,ii7 #igi1ejj2 and 2 7,b7 by striking clause 7ii7 and redesignating clause 7iii7 as clause 7ii72 and 7,c7 in clause 7ii71 as so redesignated1 by striking fiscal year #bjjd2 and 7#b7 in subsection 7a77#b7 by striking the end of the fiscal year and inserting the end of the subsequent fiscal year4 7b7 ,authorized ,expenses for ,administration ,section #i7;a7 of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;h7a77 is amended-- 7#a7 in paragraph 7#a7 by striking who directly administer this ,act on a full-time basis and inserting for the work hours such employees spend directly administering this ,act1 as such hours are certified by the supervisor of the employee2 7#b7 by striking paragraphs 7#a7 and 7#b7 and inserting paragraph 7#a7 each place it appears2 7#c7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 through 7#ab7 as paragraphs 7#b7 through 7#aa71 respectively2 and 7#d7 in paragraph 7#aj71 as so redesignated-- 7,a7 by inserting or part-time after on a full-time2 and 7,b7 by striking expenses are incurred and inserting expenses are incurred1 provided that the percentage of relocation expenses paid such amounts do not exceed the percentage of work hours the member of personnel spends administering this chapter4 #bdjje4 ,sport fish restoration and boating trust fund ,section #acajg7;c77#b7 of title #df1 ,united ,states ,code1 is amended by striking ,no funds available and inserting ,on or after ,october #a1 #bjbc no funds available14 ,v ,climate ,smart ,ports #bejja4 ,short title ,this title may be cited as the ,climate ,smart ,ports ,act4 #bejjb4 ,climate ,smart ,ports ,grant ,program 7a7 ,establishment of program ,section #ejcjb of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,climate smart ports grant program 7#a7 ,establishment ,not later than #f months after the date of enactment of the ,climate ,smart ,ports ,act1 the ,secretary shall establish a program to award grants to eligible entities to purchase1 and as applicable install1 zero emissions port equipment and technology4 7#b7 ,procedural safeguards ,the ,secretary shall issue guidelines to establish appropriate accounting1 reporting1 and review procedures to ensure that-- 7,a7 grant funds are used for the purposes for which those funds were made available2 7,b7 each grantee properly accounts for all expenditures of grant funds2 and 7,c7 grant funds not used for such purposes and amounts not obligated or expended are returned4 7#c7 ,grant conditions 7,a7 ,in general ,the ,secretary shall require as a condition of making a grant under this subsection that a grantee-- 7i7 maintain such records as the ,secretary considers necessary2 7ii7 make the records described in clause 7i7 available for review and audit by the ,secretary2 and 7iii7 periodically report to the ,secretary such information as the ,secretary considers necessary to assess progress4 7,b7 ,requirement ,the ,secretary shall require recipients of assistance under this subsection 7d7 to comply with section #aac7;a7 of title #bc with respect to all construction1 alteration1 installation1 or repair work1 in the same manner that recipients of assistance under chapter #a of such title are required to comply with such section for construction work performed on highway projects on ,federal-aid highways4 ,with regard to the construction1 alteration1 or repair of vessels1 the same requirements of such section shall apply regardless of whether the location of contract performance is known when bids for such work are solicited4 7#d7 ,prohibited use 7,a7 ,in general ,an eligible entity may not use a grant awarded under this subsection to purchase or install fully automated cargo handling equipment or terminal infrastructure that is designed for fully automated cargo handling equipment4 7,b7 ,human-operated zero emissions port equipment and technology ,nothing in subparagraph 7,a7 prohibits an eligible entity from using a grant awarded under this subsection to purchase human-operated zero emissions port equipment and technology or infrastructure that supports such human-operated zero emissions port equipment and technology4 7#e7 ,cost share 7,a7 ,in general ,except as provided in subparagraph 7,b71 an eligible entity may not use a grant awarded under this subsection to cover more than #gj percent of the cost of purchasing1 and as applicable installing1 zero emissions port equipment and technology4 7,b7 ,certain grants ,with respect to a grant in an amount equal to or greater than #c1jjj1jjj1 an eligible entity may use such grant to cover not more than #he percent of the cost of purchasing and installing zero emissions port equipment and technology if such eligible entity certifies to the ,secretary that-- 7i7 such grant will be used1 at least in part1 to employ laborers or mechanics to install zero emissions port equipment and technology2 and 7ii7 such eligible entity is a party to a project labor agreement or requires that each subgrantee of such eligible entity1 and any subgrantee thereof at any tier1 that performs such installation participate in a project labor agreement4 7#f7 ,project labor ,an eligible entity that uses a grant awarded under this subsection to install zero emissions port equipment and technology shall ensure1 to the greatest extent practicable1 that any subgrantee of such eligible entity1 and any subgrantee thereof at any tier1 that carries out such installation employs laborers or mechanics for such installation that-- 7,a7 are domiciled not further than #ej miles from such installation2 7,b7 are members of the ,armed ,forces serving on active duty1 separated from active duty1 or retired from active duty2 7,c7 have been incarcerated or served time in a juvenile detention facility2 or 7,d7 have a disability4 7#g7 ,application 7,a7 ,in general ,to be eligible to be awarded a grant under this subsection1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,priority ,the ,secretary shall prioritize awarding grants under this subsection to eligible entities based on the following3 7i7 ,the degree to which the proposed use of the grant will-- 7,i7 reduce greenhouse gas emissions2 7,,ii7 reduce emissions of any criteria pollutant and precursor thereof2 7,,iii7 reduce hazardous air pollutant emissions2 and 7,,iv7 reduce public health disparities in communities that receive a disproportionate quantity of air pollution from a port4 7ii7 ,the amount of matching1 non-,federal funds expected to be used by an applicant to purchase1 and as applicable install1 zero emissions port equipment and technology4 7iii7 ,whether the applicant will use such grant to purchase1 and as applicable install1 zero emissions port equipment and technology that is produced in the ,united ,states4 7iv7 ,as applicable1 whether the applicant will recruit and retain skilled workers through a ,department of ,labor approved or ,state-approved joint labor management apprenticeship program4 7#h7 ,outreach 7,a7 ,in general ,not later than #ij days after funds are made available to carry out this subsection1 the ,secretary shall develop and carry out an educational outreach program to promote and explain the grant program established under paragraph 7#a7 to prospective grant recipients4 7,b7 ,program components ,in carrying out the outreach program developed under subparagraph 7,a71 the ,secretary shall-- 7i7 inform prospective grant recipients how to apply for a grant awarded under this subsection2 7ii7 describe to prospective grant recipients the benefits of available zero emissions port equipment and technology2 7iii7 explain to prospective grant recipients the benefits of participating in the grant program established under this subsection2 and 7iv7 facilitate the sharing of best practices and lessons learned between grant recipients and prospective grant recipients with respect to how to apply for and use grants awarded under this subsection4 7#i7 ,reports 7,a7 ,report to ,secretary ,not later than #ij days after the date on which an eligible entity uses a grant awarded under this subsection1 such eligible entity shall submit to the ,secretary a report containing such information as the ,secretary shall require4 7,b7 ,biennial report to ,congress ,not later than ,january #ca1 #bjba1 and biennially thereafter1 the ,secretary shall submit to ,congress and make available on the website of the ,maritime ,administration a report that includes1 with respect to each grant awarded under this subsection during the preceding calendar years-- 7i7 the name and location of the eligible entity that was awarded such grant2 7ii7 the amount of such grant that the eligible entity was awarded2 7iii7 the name and location of the port where the zero emissions port equipment and technology that was purchased1 and as applicable installed1 with such grant is used2 7iv7 an estimate of the impact of such zero emissions port equipment and technology on reducing-- 7,i7 greenhouse gas emissions2 7,,ii7 emissions of criteria pollutants and precursors thereof2 7,,iii7 hazardous air pollutant emissions2 and 7,,iv7 public health disparities in surrounding local communities2 and 7v7 any other information the ,secretary determines necessary to understand the impact of grants awarded under this subsection4 7#aj7 ,authorization of appropriations 7,a7 ,in general ,there is authorized to be appropriated to carry out this subsection #ejj1jjj1jjj for each of fiscal years #bjba through #bjcj4 7,b7 ,nonattainment areas ,to the extent practicable1 at least #be percent of amounts made available to carry out this subsection in each fiscal year shall be used to award grants to eligible entities to provide zero emissions port equipment and technology to ports that are in nonattainment areas4 7,c7 ,administration 7i7 ,administrative and oversight costs ,the ,secretary may retain not more than #b percent of the amounts appropriated for each fiscal year under this subsection for the administrative and oversight costs incurred by the ,secretary to carry out this subsection4 7ii7 ,availability 7,i7 ,in general ,amounts appropriated for carrying out this subsection shall remain available until expended4 7,,ii7 ,unexpended funds ,amounts awarded as a grant under this subsection that are not expended by the grantee during the #e-year period following the date of the award shall remain available to the ,secretary for use for grants under this subsection in a subsequent fiscal year4 7#aa7 ,definitions ,in this subsection3 7,a7 ,active duty ,the term active duty has the meaning given such term in section #aja of title #aj1 ,united ,states ,code4 7,b7 ,alternative emissions control technology ,the term alternative emissions control technology means a technology1 technique1 or measure that-- 7i7 captures the emissions of nitrogen oxide1 particulate matter1 reactive organic compounds1 and greenhouse gases from the auxiliary engine and auxiliary boiler of an ocean-going vessel at berth2 7ii7 is verified or approved by a ,state or ,federal air quality regulatory agency2 7iii7 the use of which achieves at least the equivalent reduction of emissions as the use of shore power for an ocean-going vessel at berth2 7iv7 the use of which results in reducing emissions of the auxiliary engine of an ocean-going vessel at berth to a rate of less than-- 7,i7 #b4h g_/k,w-hr for nitrogen oxide2 7,,ii7 #j4jc g_/k,w-hr for particulate matter #b4e2 and 7,,iii7 #j4a g_/k,w-hr for reactive organic compounds2 and 7v7 reduces the emissions of the auxiliary engine and boiler of an ocean-going vessel at berth by at least #hj percent of the default emissions rate1 which is #ac4h g4 7,c7 ,criteria pollutant ,the term criteria pollutant means each of the following3 7i7 ,ground-level ozone4 7ii7 ,particulate matter4 7iii7 ,carbon monoxide4 7iv7 ,lead4 7v7 ,sulfur dioxide4 7vi7 ,nitrogen dioxide4 7,d7 ,distributed energy resource 7i7 ,in general ,the term distributed energy resource means an energy resource that-- 7,i7 is located on or near a customer site2 7,,ii7 is operated on the customer side of the electric meter2 and 7,,iii7 is interconnected with the electric grid4 7ii7 ,inclusions ,the term distributed energy resource includes-- 7,i7 clean electric generation2 7,,ii7 customer electric efficiency measures2 7,,iii7 electric demand flexibility2 and 7,,iv7 energy storage4 7,e7 ,eligible entity ,the term eligible entity means-- 7i7 a port authority2 7ii7 a ,state1 regional1 local1 or ,tribal agency that has jurisdiction over a port authority or a port2 7iii7 an air pollution control district or air quality management district2 or 7iv7 a private or nonprofit entity1 applying for a grant awarded under this subsection in collaboration with another entity described in clauses 7i7 through 7iii71 that owns or uses cargo or transportation equipment at a port4 7,f7 ,energy storage system ,the term energy storage system means a system1 equipment1 facility1 or technology that-- 7i7 is capable of absorbing energy1 storing energy for a period of time1 and dispatching the stored energy2 and 7ii7 uses a mechanical1 electrical1 chemical1 electrochemical1 or thermal process to store energy that-- 7,i7 was generated at an earlier time for use at a later time2 or 7,,ii7 was generated from a mechanical process1 and would otherwise be wasted1 for delivery at a later time4 7,g7 ,fully automated cargo handling equipment ,the term fully automated cargo handling equipment means cargo handling equipment that-- 7i7 is remotely operated or remotely monitored2 and 7ii7 with respect to the use of such equipment1 does not require the exercise of human intervention or control4 7,h7 ,nonattainment area ,the term nonattainment area has the meaning given such term in section #aga of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja74 7,i7 ,port ,the term port includes a maritime port and an inland port4 7,j7 ,port authority ,the term port authority means a governmental or quasi-governmental authority formed by a legislative body to operate a port4 7,k7 ,project labor agreement ,the term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organization that establishes the terms and conditions of employment for a specific construction project and is described in section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7,l7 ,apprenticeship program ,the term apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 including any requirement1 standard1 or rule promulgated under such ,act1 as such requirement1 standard1 or rule was in effect on ,december #cj1 #bjai4 7,m7 ,shore power ,the term shore power means the provision of shoreside electrical power to a ship at berth that has shut down main and auxiliary engines4 7,n7 ,state apprenticeship agency ,the term ,state ,apprenticeship ,agency has the meaning given such term in section #bi4b of title #bi1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjbj74 7,o7 ,zero emissions port equipment and technology 7i7 ,in general ,the term zero emissions port equipment and technology means equipment and technology1 including the equipment and technology described in clause 7ii71 that-- 7,i7 is used at a port2 and 7,,ii7 7aa7 produces zero exhaust emissions of-- 7,,aa7 any criteria pollutant and precursor thereof2 and 7,,bb7 any greenhouse gas1 other than water vapor2 or 7bb7 captures #ajj percent of the exhaust emissions produced by an ocean-going vessel at berth4 7ii7 ,equipment and technology described ,the equipment and technology described in this clause is the following3 7,i7 ,any equipment that handles cargo4 7,,ii7 ,a drayage truck that transports cargo4 7,,iii7 ,a train that transports cargo4 7,,iv7 ,port harbor craft4 7,v7 ,a distributed energy resource4 7,,vi7 ,an energy storage system4 7,,vii7 ,electrical charging infrastructure4 7,,viii7 ,shore power or an alternative emissions control technology4 7,,ix7 ,an electric transport refrigeration unit4 4 7b7 ,technical assistance ,paragraph 7#c7 of subsection 7e7 of section #ejcjb of title #df1 ,united ,states ,code1 as redesignated by subsection 7a77#a7 of this section1 is amended-- 7#a7 by inserting or 7d7 after subsection 7c72 and 7#b7 by striking such4 #bejjc4 ,energy ,policy ,act of #bjje authorization of appropriations for port authorities ,section #gig of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacg7 is amended by adding at the end the following3 7c7 ,port authorities ,there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjba through #bjbe to award grants1 rebates1 or loans1 under section #gib1 to eligible entities to carry out projects that reduce emissions at ports4 4 ,,vi ,other matters #bfjja4 ,wastewater drug testing pilot program 7a7 ,establishment ,the ,administrator of the ,environmental ,protection ,agency shall establish a pilot program to provide funding to ,states to incorporate wastewater testing for drugs at municipal wastewater treatment plants in order to monitor drug consumption and detect new drug use more quickly and in a more specific geographic region than methods currently in use4 7b7 ,selection ,in carrying out the pilot program established under subsection 7a71 the ,administrator shall1 subject to appropriations1 select five ,states to each receive #a1jjj1jjj in each of fiscal years #bjbb through #bjbd to provide funding to municipal wastewater treatment plants to incorporate testing for drugs into their routine wastewater testing protocol4 7c7 ,requirements ,a ,state receiving funds pursuant to the pilot program shall-- 7#a7 provide funding to municipal wastewater treatment plants to collect and test water samples2 7#b7 facilitate a partnership between local health departments and municipal wastewater treatment plants2 and 7#c7 provide not less than #aj percent of the funds to applicable local health departments to develop public health interventions to respond to drug use in the community1 as indicated by testing results4 7d7 ,analyses ,a ,state receiving funds pursuant to the pilot program may use a portion of the funding to have test results analyzed1 including to develop estimates of how many doses of a drug have been consumed and to track results over time4 ,the ,state shall report such analyses to the local and ,state health departments and to the ,centers for ,disease ,control and ,prevention4 7e7 ,reports 7#a7 ,state reports ,not later than #ij days after the end of the pilot program1 each ,state that received funds shall submit a report to the ,committees on ,energy and ,commerce and ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committees on ,health1 ,education1 ,labor1 and ,pensions and ,environment and ,public ,works of the ,senate1 and the ,centers for ,disease ,control and ,prevention that includes each year's final budget1 an explanation of how the program was established1 what information the wastewater testing provided and whether findings were in line with other drug surveillance strategies1 the usefulness of testing as an evaluation strategy for policy change and public health interventions1 challenges encountered1 and recommendations for responsible data use and maintaining privacy4 7#b7 ,,cdc report ,not later than #ahj days after the end of the pilot program1 the ,centers for ,disease ,control and ,prevention shall submit a report to ,congress analyzing the reports submitted under paragraph 7#a7 and detailing best practices for implementing wastewater testing and using the results to inform public health interventions4 7f7 ,restrictions 7#a7 ,collection ,a ,state receiving funds pursuant to the pilot program may not use such funds to collect water samples from any location other than a municipal wastewater treatment plant4 7#b7 ,disclosure ,analyses of samples collected pursuant to this section may not be disclosed to any entity other than the applicable ,state and local health departments and the ,centers for ,disease ,control and ,prevention4 7#c7 ,reports ,any information relating to sample analyses included in a report submitted under subsection 7e7 shall not be made public4 ,,vii ,new ,river ,restoration #bgjja4 ,short title ,this title may be cited as the ,california ,new ,river ,restoration ,act of #bjbj4 #bgjjb4 ,definitions ,in this title3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,mexican ,the term ,mexican refers to the ,federal1 ,state1 and local governments of the ,united ,mexican ,states4 7#c7 ,new ,river ,the term ,new ,river means that portion of the ,new ,river1 ,california1 that flows north within the ,united ,states from the border of ,mexico through ,calexico1 ,california1 passes through the ,imperial ,valley1 and drains into the ,salton ,sea4 7#d7 ,program ,the term program means the ,california ,new ,river restoration program established under section #bgjjc4 7#e7 ,restoration and protection ,the term restoration and protection means the conservation1 stewardship1 and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend4 #bgjjc4 ,california ,new ,river restoration program establishment 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a program to be known as the ,california ,new ,river restoration program4 7b7 ,duties ,in carrying out the program1 the ,administrator shall-- 7#a7 implement projects1 plans1 and initiatives for the restoration and protection of the ,new ,river that are supported by the ,california-,mexico ,border ,relations ,council1 in consultation with applicable management entities1 including representatives of the ,calexico ,new ,river ,committee1 the ,california-,mexico ,border ,relations ,council1 the ,new ,river ,improvement ,project ,technical ,advisory ,committee1 the ,federal ,government1 ,state and local governments1 and regional and nonprofit organizations2 7#b7 undertake activities that-- 7,a7 support the implementation of a shared set of science-based restoration and protection activities identified in accordance with paragraph 7#a72 7,b7 target cost-effective projects with measurable results2 and 7,c7 maximize conservation outcomes with no net gain of ,federal full-time equivalent employees2 and 7#c7 provide grants and technical assistance in accordance with section #bgjjd4 7c7 ,coordination ,in establishing the program1 the ,administrator shall consult1 as appropriate1 with-- 7#a7 the heads of ,federal agencies1 including-- 7,a7 the ,secretary of the ,interior2 7,b7 the ,secretary of ,agriculture2 7,c7 the ,secretary of ,homeland ,security2 7,d7 the ,administrator of ,general ,services2 7,e7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7,f7 the ,commissioner of the ,international ,boundary ,water ,commission2 and 7,g7 the head of any other applicable agency2 7#b7 the ,governor of ,california2 7#c7 the ,california ,environmental ,protection ,agency2 7#d7 the ,california ,state ,water ,resources ,control ,board2 7#e7 the ,california ,department of ,water ,resources2 7#f7 the ,colorado ,river ,basin ,regional ,water ,quality ,control ,board2 7#g7 the ,imperial ,irrigation ,district2 and 7#h7 other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the ,new ,river4 7d7 ,purposes ,the purposes of the program include-- 7#a7 coordinating restoration and protection activities1 among ,mexican1 ,federal1 ,state1 local1 and regional entities and conservation partners1 relating to the ,new ,river2 and 7#b7 carrying out coordinated restoration and protection activities1 and providing for technical assistance relating to the ,new ,river-- 7,a7 to sustain and enhance fish and wildlife habitat restoration and protection activities2 7,b7 to improve and maintain water quality to support fish and wildlife1 as well as the habitats of fish and wildlife2 7,c7 to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat2 7,d7 to improve opportunities for public access to1 and recreation in and along1 the ,new ,river consistent with the ecological needs of fish and wildlife habitat2 7,e7 to maximize the resilience of natural systems and habitats under changing watershed conditions2 7,f7 to engage the public through outreach1 education1 and citizen involvement1 to increase capacity and support for coordinated restoration and protection activities relating to the ,new ,river2 7,g7 to increase scientific capacity to support the planning1 monitoring1 and research activities necessary to carry out coordinated restoration and protection activities2 and 7,h7 to provide technical assistance to carry out restoration and protection activities relating to the ,new ,river4 #bgjjd4 ,grants and assistance 7a7 ,in general ,in carrying out the program1 the ,administrator shall provide grants and technical assistance to ,state and local governments1 nonprofit organizations1 and institutions of higher education1 to carry out the purposes of the program4 7b7 ,criteria ,the ,administrator1 in consultation with the organizations described in section #bgjjc7;c71 shall develop criteria for providing grants and technical assistance under this section to ensure that such activities accomplish one or more of the purposes identified in section #bgjjc7;d77#b74 7c7 ,cost sharing 7#a7 ,federal share ,the ,federal share of the cost of a project for which a grant is provided under this section shall not exceed #ee percent of the total cost of the activity1 as determined by the ,administrator4 7#b7 ,non-,federal share ,the non-,federal share of the cost of a project for which a grant is provided under this section may be provided in the form of an in-kind contribution of services or materials that the ,administrator determines are integral to the activity carried out using assistance authorized by this title4 7d7 ,requirements ,sections #eac and #fjh of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgb2 #achh7 shall apply to the construction of any project or activity carried out1 in whole or in part1 under this title in the same manner those sections apply to a treatment works for which a grant is made available under the ,federal ,water ,pollution ,control ,act4 7e7 ,administration ,the ,administrator may enter into an agreement to manage the implementation of this section with the ,north ,american ,development ,bank or a similar organization that offers grant management services4 #bgjje4 ,annual reports ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to ,congress a report on the implementation of this title1 including a description of each project that has received funding under this title and the status of all such projects that are in progress on the date of submission of the report4 ,,viii ,other matters #bhjja4 ,,covid-#ai ,wastewater ,surveillance ,research ,program 7a7 ,findings ,congress finds the following3 7#a7 ,wastewater surveillance of ,,covid-#ai is a rapidly evolving area of research that holds great promise as an early1 cost-effective1 unbiased community-level indicator of the presence of ,,covid-#ai4 7#b7 ,use of wastewater surveillance to assess increasing trends in the occurrence of ,,covid-#ai1 especially in early detection1 has been successfully demonstrated1 however1 additional research may help shed light on other areas where this tool can be helpful in providing useful information to public health and elected officials responding to the ,,covid-#ai pandemic4 7b7 ,grants ,the ,administrator of the ,environmental ,protection ,agency shall establish a program to award research grants to eligible entities to investigate the use of wastewater surveillance of the genetic signal of ,,sars ,co,v-#b as an indicator of the distribution of ,,covid-#ai in communities4 7c7 ,eligible entities ,entities eligible to receive a grant under this section include wastewater utilities 7including those that receive funding through a ,state water pollution control revolving fund established pursuant to title ,,vi of the ,federal ,water ,pollution ,control ,act71 institutions of higher education1 and public-private consortia focused on water research and technology4 7d7 ,requirements ,in carrying out subsection 7b71 the ,administrator1 in consultation with wastewater officials and public health officials1 shall-- 7#a7 develop recommendations for-- 7,a7 sample plan design1 sample collection1 and sample preservation2 and 7,b7 consistent data collection practices and documentation that would allow data comparability2 7#b7 support greater coordination in research to help better understand and address knowledge gaps2 7#c7 support effective communication with the public1 public health officials1 elected officials1 wastewater professionals1 and the media1 on the results of any wastewater surveillance for tracking trends relating to ,,covid-#ai2 and 7#d7 carry out such other activities as the ,administrator determines appropriate4 7e7 ,authorization of appropriations ,there are authorized to be appropriated for fiscal years #bjba and #bjbb such sums as may be necessary to carry out this section4 ,,ix ,other ,matters #bijja4 ,smart water infrastructure investment grants ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 is amended by adding at the end the following3 #bbb4 ,smart wastewater infrastructure technology 7a7 ,policy ,it is the policy of the ,united ,states to support the modernization of the ,nation's publicly owned treatment works to maintain reliable and affordable water quality infrastructure that addresses demand impacts1 including resiliency to improve public health and natural resources4 7b7 ,grants 7#a7 ,grants to treatment works ,the ,administrator shall make direct grants to owners and operators of publicly owned treatment works for planning1 design1 construction1 and operations training of-- 7,a7 intelligent wastewater collection systems and stormwater management operations1 including technologies that rely on-- 7i7 realtime monitoring1 embedded intelligence1 and predictive maintenance capabilities that improve the energy efficiency1 reliability1 and resiliency of wastewater pumping systems2 7ii7 real-time sensors that provide continuous monitoring of wastewater collection system water quality to support the optimization of stormwater and wastewater collection systems1 with a priority for water quality impacts2 and 7iii7 the use of artificial intelligence and other intelligent optimization tools that reduce operational costs1 including operational costs relating to energy consumption and chemical treatment2 and 7,b7 innovative and alternative combined sewer and stormwater control projects1 including groundwater banking1 that rely upon realtime data acquisition to support predictive aquifer recharge through water reuse and stormwater management capabilities4 7#b7 ,rural communities set-aside ,of amounts appropriated pursuant to subsection 7h71 the ,administrator use not more than #bj percent to make grants to communities with populations not greater than #aj1jjj4 7c7 ,cost,share ,the non-,federal share of the costs of an activity carried out using a grant under subsection 7b7 shall be #be percent4 7d7 ,exception ,the ,administrator may waive the costshare requirement of subsection 7c7 if the ,administrator determines such costshare would be financially unreasonable due to a community's ability to comply with such costshare requirement4 7e7 ,program implementation 7#a7 ,guidance ,not later than #cj days after the date of enactment of this section1 the ,administrator shall issue guidance to owners and operators of publicly owned treatment works on how to apply for assistance4 7#b7 ,decision on applications ,the ,administrator shall make a determination of whether to make a grant to an applicant within #cj days of receipt of an application4 ,in the case that the ,administrator determines an application is deficient1 the applicant shall be advised of any such deficiencies and provided the opportunity to resubmit the application4 7#c7 ,disbursement ,a grant shall be made not later than #fj days after the date on which the ,administrator approves an application4 7f7 ,compliance with ,buy ,america ,the requirements of section #fjh shall apply to funds granted under this section4 7g7 ,report to ,congress ,not later than #ahj days after the date of enactment of this subsection1 and annually thereafter1 the ,administrator shall submit to ,congress a report describing projects funded under this section1 results in improving the resiliency of publicly owned treatment works1 and recommendations to improve the achievement of the program's policy4 ,for purposes of the first report to ,congress1 the ,administrator shall report on the program's implementation1 including a description of projects approved and those disapproved4 ,in providing such information1 the ,administrator shall detail the reasons that a project was not awarded assistance4 7h7 ,authorization of appropriations ,there is authorized to be appropriated #ejj1jjj1jjj to carry out this section1 to remain available until expended4 4 ,g ,energy and ,commerce ,i ,broadband ,infrastructure #cajja4 ,definitions ,in this title3 7#a7 ,aging individual ,the term aging individual has the meaning given the term older individual in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb74 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#c7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#d7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#e7 ,covered household ,the term covered household means a household the income of which does not exceed #aej percent of the poverty threshold1 as determined by using criteria of poverty established by the ,bureau of the ,census1 for a household of the size involved4 7#f7 ,covered populations ,the term covered populations means-- 7,a7 individuals who are members of covered households2 7,b7 aging individuals2 7,c7 incarcerated individuals1 other than individuals who are incarcerated in a ,federal correctional facility 7including a private facility operated under contract with the ,federal ,government72 7,d7 veterans2 7,e7 individuals with disabilities2 7,f7 individuals with a language barrier1 including individuals who-- 7i7 are ,english learners2 or 7ii7 have low levels of literacy2 7,g7 individuals who are members of a racial or ethnic minority group2 and 7,h7 individuals who primarily reside in a rural area4 7#g7 ,digital literacy ,the term digital literacy means the skills associated with using technology to enable users to find1 evaluate1 organize1 create1 and communicate information4 7#h7 ,disability ,the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#i7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#aj7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#aa7 ,institution of higher education ,the term institution of higher education-- 7,a7 has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7,b7 includes a postsecondary vocational institution4 7#ab7 ,postsecondary vocational institution ,the term postsecondary vocational institution has the meaning given the term in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c774 7#ac7 ,rural area ,the term rural area has the meaning given the term in section #ac of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iac74 7#ad7 ,state ,the term ,state has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#ae7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 #cajjb4 ,sense of ,congress 7a7 ,in general ,it is the sense of ,congress that-- 7#a7 a broadband service connection and digital literacy are increasingly critical to how individuals-- 7,a7 participate in the society1 economy1 and civic institutions of the ,united ,states2 and 7,b7 access health care and essential services1 obtain education1 and build careers2 7#b7 digital exclusion-- 7,a7 carries a high societal and economic cost2 7,b7 materially harms the opportunity of an individual with respect to the economic success1 educational achievement1 positive health outcomes1 social inclusion1 and civic engagement of that individual2 7,c7 materially harms the opportunity of areas where it is especially widespread with respect to economic success1 educational achievement1 positive health outcomes1 social cohesion1 and civic institutions2 and 7,d7 exacerbates existing wealth and income gaps1 especially those experienced by covered populations and between regions2 7#c7 achieving accessible and affordable access to broadband service1 as well as digital literacy1 for all people of the ,united ,states requires additional and sustained research efforts and investment2 7#d7 the ,federal ,government1 as well as ,state1 ,tribal1 and local governments1 have made social1 legal1 and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet2 and 7#e7 achieving accessible and affordable access to broadband service is a matter of social and economic justice and is worth pursuing4 7b7 ,broadband service defined ,in this section1 the term broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 #cajjc4 ,severability ,if any provision of this title1 an amendment made by this title1 or the application of such provision or amendment to any person or circumstance is held to be invalid1 the remainder of this title and the amendments made by this title1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected thereby4 ,a ,digital ,equity #caajj4 ,definitions ,in this subtitle3 7#a7 ,adoption of broadband service ,the term adoption of broadband service means the process by which an individual obtains daily access to broadband service-- 7,a7 with a download speed of at least #be megabits per second1 an upload speed of at least #c megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications2 7,b7 with the digital skills that are necessary for the individual to participate online2 and 7,c7 on a-- 7i7 personal device2 and 7ii7 secure and convenient network4 7#b7 ,anchor institution ,the term anchor institution means a public or private school1 a library1 a medical or healthcare provider1 a museum1 a public safety entity1 a public housing agency1 a community college1 an institution of higher education1 a religious organization1 or any other community support organization or agency4 7#c7 ,assistant ,secretary ,except in section #caaja1 the term ,assistant ,secretary means the ,assistant ,secretary1 acting through the ,office4 7#d7 ,broadband service ,the term broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#e7 ,covered programs ,the term covered programs means the ,state ,digital ,equity ,capacity ,grant ,program established under section #caaba and the ,digital ,equity ,competitive ,grant ,program established under section #caabb4 7#f7 ,digital equity ,the term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the ,united ,states4 7#g7 ,digital inclusion activities ,the term digital inclusion activities-- 7,a7 means the activities that are necessary to ensure that all individuals in the ,united ,states have access to1 and the use of1 affordable information and communication technologies1 such as-- 7i7 reliable broadband service2 7ii7 internet-enabled devices that meet the needs of the user2 and 7iii7 applications and online content designed to enable and encourage self-sufficiency1 participation1 and collaboration2 and 7,b7 includes-- 7i7 the provision of digital literacy training2 7ii7 the provision of quality technical support2 and 7iii7 promoting basic awareness of measures to ensure online privacy and cybersecurity4 7#h7 ,eligible ,state ,the term eligible ,state means-- 7,a7 with respect to planning grants made available under section #caaba7;c77#c71 a ,state with respect to which the ,assistant ,secretary has approved an application submitted to the ,assistant ,secretary under section #caaba7;c77#c77;,c72 and 7,b7 with respect to capacity grants awarded under section #caaba7;d71 a ,state with respect to which the ,assistant ,secretary has approved an application submitted to the ,assistant ,secretary under section #caaba7;d77#b71 including approval of the ,state ,digital ,equity ,plan developed by the ,state under section #caaba7;c74 7#i7 ,federal broadband service support program ,the term ,federal broadband service support program does not include any ,universal ,service ,fund program and means any of the following programs 7or any other similar ,federal program7 to the extent the program offers broadband service or programs for promoting access to broadband service and adoption of broadband service for various demographic communities through various media for residential1 commercial1 or community providers or anchor institutions3 7,a7 ,the ,telecommunications and ,technology ,program of the ,appalachian ,regional ,commission4 7,b7 ,the ,telecommunications ,infrastructure ,loans and ,loan ,guarantees1 the ,rural ,broadband ,access ,loans and ,loan ,guarantees1 the ,substantially ,underserved ,trust ,areas ,provisions1 the ,community ,connect ,grant ,program1 and the ,distance ,learning and ,telemedicine ,grant ,program of the ,rural ,utilities ,service of the ,department of ,agriculture4 7,c7 ,the ,public ,works and ,economic ,adjustment ,assistance ,programs and the ,planning and ,local ,technical ,assistance ,programs of the ,economic ,development ,administration of the ,department of ,commerce4 7,d7 ,the ,community ,development ,block ,grants and ,section #ajh ,loan ,guarantees1 the ,funds for ,public ,housing ,authorities3 ,capital ,fund and ,operating ,fund1 the ,multifamily ,housing1 the ,indian ,community ,development ,block ,grant ,program1 the ,indian ,housing ,block ,grant ,program1 the ,title ,,vi ,loan ,guarantee ,program1 ,choice ,neighborhoods1 the ,,home ,investment ,partnerships ,program1 the ,housing ,trust ,fund1 and the ,housing ,opportunities for ,persons with ,,aids of the ,department of ,housing and ,urban ,development4 7,e7 ,the ,american ,job ,centers of the ,employment and ,training ,administration of the ,department of ,labor4 7,f7 ,the ,library ,services and ,technology ,grant ,programs of the ,institute of ,museum and ,library ,services4 7,g7 ,the ,state ,digital ,equity ,capacity ,grant ,program established under section #caaba4 7,h7 ,the ,digital ,equity ,competitive ,grant ,program established under section #caabb4 7,i7 ,the program established under section #gbc of the ,communications ,act of #aicd 7relating to expansion of access to broadband service for unserved areas1 areas with low-tier service1 areas with mid-tier service1 and unserved anchor institutions71 as added by section #cacja4 7,j7 ,the broadband infrastructure finance and innovation program established under chapter #b of subtitle ,c4 7#aj7 ,gender identity ,the term gender identity has the meaning given the term in section #bdi7;c7 of title #ah1 ,united ,states ,code4 7#aa7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja7cj7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cj774 7#ab7 ,medicaid enrollee ,the term ,medicaid enrollee means1 with respect to a ,state1 an individual enrolled in the ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 or a waiver of that plan4 7#ac7 ,national ,lifeline ,eligibility ,verifier ,the term ,national ,lifeline ,eligibility ,verifier has the meaning given such term in section #ed4djj of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#ad7 ,native ,hawaiian organization ,the term ,native ,hawaiian organization means any organization-- 7,a7 that serves the interests of ,native ,hawaiians2 7,b7 in which ,native ,hawaiians serve in substantive and policymaking positions2 7,c7 that has as a primary and stated purpose the provision of services to ,native ,hawaiians2 and 7,d7 that is recognized for having expertise in ,native ,hawaiian affairs1 digital connectivity1 or access to broadband service4 7#ae7 ,office ,the term ,office means the ,office of ,internet ,connectivity and ,growth established pursuant to section #caaja4 7#af7 ,public housing agency ,the term public housing agency has the meaning given the term in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#ag7 ,,snap participant ,the term ,,snap participant means an individual who is a member of a household that participates in the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7#ah7 ,socially and economically disadvantaged small business concern ,the term socially and economically disadvantaged small business concern has the meaning given the term in section #h7;a77#d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77#d774 7#ai7 ,tribally designated entity ,the term tribally designated entity means an entity designated by an ,indian ,tribe to carry out activities under this subtitle4 7#bj7 ,universal ,service ,fund program ,the term ,universal ,service ,fund program means any program authorized under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed71 to the extent such program provides support for broadband service deployment4 7#ba7 ,universal service mechanism ,the term universal service mechanism means any funding stream provided by a ,universal ,service ,fund program to support broadband service deployment4 7#bb7 ,workforce development program ,the term workforce development program has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 #a ,office of ,internet ,connectivity and ,growth #caaja4 ,establishment of the ,office of ,internet ,connectivity and ,growth ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall establish the ,office of ,internet ,connectivity and ,growth within the ,national ,telecommunications and ,information ,administration4 #caajb4 ,duties 7a7 ,outreach ,the ,office shall-- 7#a7 connect with communities that need access to broadband service and improved digital inclusion activities through various forms of outreach and communication techniques2 7#b7 hold regional workshops across the country to share best practices and effective strategies for promoting access to broadband service and adoption of broadband service2 7#c7 develop targeted broadband service training and presentations for various demographic communities through various media2 and 7#d7 develop and distribute publications 7including toolkits1 primers1 manuals1 and white papers7 providing guidance1 strategies1 and insights to communities as the communities develop strategies to expand access to broadband service and adoption of broadband service4 7b7 ,tracking of federal dollars 7#a7 ,broadband service infrastructure ,the ,office shall track the construction and use of and access to any broadband service infrastructure built using any ,federal support in a central database4 7#b7 ,accounting mechanism ,the ,office shall develop a streamlined accounting mechanism by which any ,federal agency offering a ,federal broadband service support program1 and the ,commission with respect to the ,universal ,service ,fund programs1 shall provide the information described in paragraph 7#a7 in a standardized and efficient fashion4 7#c7 ,report ,not later than #a year after the date of the enactment of this ,act1 and every year thereafter1 the ,office shall make public on the website of the ,office and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the following3 7,a7 ,a description of the work of the ,office for the previous year and the number of residents of the ,united ,states that received broadband service as result of ,federal broadband service support programs and the ,universal ,service ,fund programs4 7,b7 ,a description of how many residents of the ,united ,states were provided broadband service by which universal service mechanism or which ,federal broadband service support program4 7,c7 ,an estimate of the economic impact of such broadband service deployment efforts on the local economy1 including any effect on small businesses or jobs4 7,d7 ,a description of any non-economic benefits of such broadband service deployment efforts1 including any effect on civic engagement4 7,e7 ,the extent to which residents of the ,united ,states that received broadband service as a result of ,federal broadband service support programs and the ,universal ,service ,fund programs received such service at the download and upload speeds required by such programs4 7c7 ,study and report on affordability of adoption of broadband service 7#a7 ,study ,the ,office1 in consultation with the ,commission1 the ,department of ,agriculture1 the ,department of the ,treasury1 and such other ,federal agencies as the ,office considers appropriate1 shall1 not later than #a year after the date of the enactment of this ,act1 and biennially thereafter1 conduct a study that examines the following3 7,a7 ,the number of households for which cost is a barrier to the adoption of broadband service1 the financial circumstances of such households1 and whether such households are eligible for the broadband benefit under section #caada4 7,b7 ,the extent to which the cost of adoption of broadband service is a financial burden to households that have adopted broadband service1 the financial circumstances of such financially burdened households1 and whether such households are receiving the broadband benefit under section #caada4 7,c7 ,the appropriate standard to determine whether adoption of broadband service is affordable for households1 given the financial circumstances of such households4 7,d7 ,the feasibility of providing additional ,federal subsidies1 including expanding the eligibility for or increasing the amount of the broadband benefit under section #caada1 to households to cover the difference between the cost of adoption of broadband service 7determined before applying such additional ,federal subsidies7 and the price at which adoption of broadband service would be affordable4 7,e7 ,how a program to provide additional ,federal subsidies as described in subparagraph 7,d7 should be administered to most effectively facilitate adoption of broadband service at the lowest overall expense to the ,federal ,government1 including measures that would ensure that the availability of the subsidies does not result in providers raising the price of broadband service for households receiving subsidies4 7,f7 ,how participation in the ,lifeline program of the ,commission has changed in the #e years prior to the date of the enactment of this ,act1 including-- 7i7 geographic information at the census-block level depicting the scale of change in participation in each area2 and 7ii7 information on changes in participation by specific types of ,lifeline-supported services1 including fixed voice telephony service1 mobile voice telephony service1 fixed broadband service1 and mobile broadband service and1 in the case of any ,lifeline-supported services provided as part of a bundle of services to which a ,lifeline discount is applied1 which ,lifeline-supported services are part of such bundle and whether or not each ,lifeline-supported service in such bundle meets ,lifeline minimum service standards4 7,g7 ,how competition impacts the price of broadband service1 including the impact of monopolistic business practices by broadband service providers4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 and biennially thereafter1 the ,office shall submit to ,congress a report on the results of the study conducted under paragraph 7#a74 7#c7 ,cost defined ,in this subsection1 the term cost means1 with respect to adoption of broadband service1 the cost of adoption of broadband service to a household after applying any subsidies that reduce such cost4 #caajc4 ,streamlined applications for support 7a7 ,federal agency consultation ,the ,office shall consult with any ,federal agency offering a ,federal broadband service support program to streamline and standardize the application process for financial assistance for such program4 7b7 ,federal agency streamlining ,any ,federal agency offering a ,federal broadband service support program shall amend the applications of such agency for broadband service support1 to the extent practicable and as necessary1 to streamline and standardize applications for ,federal broadband service support programs across the ,government4 7c7 ,single application ,to the greatest extent practicable1 the ,office shall seek to create one application that may be submitted to apply for all1 or substantially all1 ,federal broadband service support programs4 7d7 ,website required ,not later than #ahj days after the date of the enactment of this ,act1 the ,office shall create a central website through which potential applicants can learn about and apply for support through any ,federal broadband service support program4 #caajd4 ,coordination of support ,the ,office1 any ,federal agency that offers a ,federal broadband service support program1 and the ,commission with respect to the ,universal ,service ,fund programs shall coordinate to ensure that support is being distributed in an efficient1 technology-neutral1 and financially sustainable manner1 with the goals of achieving universal access to affordable broadband service and promoting the most job and economic growth for all residents of the ,united ,states4 #caaje4 ,rule of construction ,nothing in this chapter is intended to alter or amend any provision of section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed74 #caajf4 ,funding 7a7 ,appropriation ,there are appropriated to the ,assistant ,secretary1 out of any money in the ,treasury not otherwise appropriated1 #bf1jjj1jjj to carry out this chapter for fiscal year #bjba1 to remain available until expended4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,assistant ,secretary #bf1jjj1jjj to carry out this chapter for fiscal year #bjbb and each fiscal year thereafter1 to remain available until expended4 #caajg4 ,study and recommendations to connect socially disadvantaged individuals 7a7 ,in general ,not later than #ab months after the date of the enactment of this act1 the ,office of ,internet ,connectivity and ,growth1 in consultation with the ,commission and the ,rural ,utility ,service of the ,department of ,agriculture1 shall1 after public notice and an opportunity for comment1 conduct a study to assess the extent to which ,federal funds for broadband internet access services1 including the ,universal ,service ,fund programs and other ,federal broadband service support programs1 have expanded access to and adoption of broadband internet access service by socially disadvantaged individuals as compared to individuals who are not socially disadvantaged individuals4 7b7 ,report and publication 7#a7 ,submission ,not later than #ah months after the date of the enactment of this ,act1 the ,office of ,internet ,connectivity and ,growth shall submit a report on the results of the study under subsection 7a7 to-- 7,a7 the ,committee on ,energy ,commerce in the ,house of ,representatives2 7,b7 the ,committee on ,commerce1 ,science and ,transportation of the ,senate2 and 7,c7 each agency administering a program evaluated by such report4 7#b7 ,public publication ,contemporaneously with submitting the report required by paragraph 7#a71 the ,office of ,internet ,connectivity and ,growth shall publish such report on the public facing website of-- 7,a7 the ,national ,telecommunications and ,information ,administration2 7,b7 the ,commission2 and 7,c7 the ,rural ,utility ,service of the ,department of ,agriculture4 7#c7 ,recommendations ,the report required by paragraph 7#a7 shall include recommendations with regard who to how ,federal funds for the ,universal ,service ,fund programs and ,federal broadband service support programs may be dispersed in an a manner that better expands access to and adoption of broadband internet access service by socially disadvantaged individuals as compared to individuals who are not socially disadvantaged individuals4 7c7 ,socially disadvantaged individual ,in this section1 the term socially disadvantaged individual has the meaning given that term in section #h of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg74 #b ,digital ,equity ,programs #caaba4 ,state ,digital ,equity ,capacity ,grant ,program 7a7 ,establishment2 purpose 7#a7 ,in general ,the ,assistant ,secretary shall establish in the ,office the ,state ,digital ,equity ,capacity ,grant ,program 7referred to in this section as the ,program7-- 7,a7 the purpose of which is to promote the achievement of digital equity1 support digital inclusion activities1 and build capacity for efforts by ,states relating to the adoption of broadband service by residents of those ,states2 7,b7 through which the ,assistant ,secretary shall make grants to ,states in accordance with the requirements of this section2 and 7,c7 which shall ensure that ,states have the capacity to promote the achievement of digital equity and support digital inclusion activities4 7#b7 ,consultation with other ,federal agencies2 no conflict ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary shall-- 7,a7 consult with-- 7i7 the ,secretary of ,agriculture2 7ii7 the ,secretary of ,housing and ,urban ,development2 7iii7 the ,secretary of ,education2 7iv7 the ,secretary of ,labor2 7v7 the ,secretary of ,health and ,human ,services2 7vi7 the ,secretary of ,veterans ,affairs2 7vii7 the ,secretary of the ,interior2 7viii7 the ,assistant ,secretary for ,indian ,affairs of the ,department of the ,interior2 7ix7 the ,commission2 7x7 the ,federal ,trade ,commission2 7xi7 the ,director of the ,institute of ,museum and ,library ,services2 7xii7 the ,administrator of the ,small ,business ,administration2 7xiii7 the ,federal ,cochairman of the ,appalachian ,regional ,commission2 and 7xiv7 the head of any other ,federal agency that the ,assistant ,secretary determines to be appropriate2 and 7,b7 ensure that the ,program complements and enhances1 and does not conflict with1 other ,federal broadband service support programs and ,universal ,service ,fund programs4 7#c7 ,tribal and ,native ,hawaiian consultation and engagement ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary shall conduct robust1 interactive1 pre-decisional1 transparent consultation with ,indian ,tribes and ,native ,hawaiian organizations4 7b7 ,administering entity 7#a7 ,selection2 function ,the governor 7or equivalent official7 of a ,state that wishes to be awarded a grant under this section shall1 from among entities that are eligible under paragraph 7#b71 select an administering entity for that ,state1 which shall-- 7,a7 serve as the recipient of1 and administering agent for1 any grant awarded to the ,state under this section2 7,b7 develop1 implement1 and oversee the ,state ,digital ,equity ,plan for the ,state described in subsection 7c72 7,c7 make subgrants to any of the entities described in clauses 7i7 through 7xi7 of subsection 7c77#a77;,d7 that is located in the ,state in support of-- 7i7 the ,state ,digital ,equity ,plan for the ,state2 and 7ii7 digital inclusion activities in the ,state generally2 and 7,d7 serve as-- 7i7 an advocate for digital equity policies and digital inclusion activities2 and 7ii7 a repository of best practice materials regarding the policies and activities described in clause 7i74 7#b7 ,eligible entities ,any of the following entities may serve as the administering entity for a ,state for the purposes of this section if the entity has demonstrated a capacity to administer the ,program on a statewide level3 7,a7 ,the ,state4 7,b7 ,a political subdivision1 agency1 or instrumentality of the ,state4 7,c7 ,an ,indian ,tribe located in the ,state1 a tribally designated entity located in the ,state1 or a ,native ,hawaiian organization located in the ,state4 7c7 ,state ,digital ,equity ,plan 7#a7 ,development2 contents ,a ,state that wishes to be awarded a grant under subsection 7d7 shall develop a ,state ,digital ,equity ,plan for the ,state1 which shall include-- 7,a7 an identification of the barriers to digital equity faced by covered populations in the ,state2 7,b7 measurable objectives for documenting and promoting1 among each group described in subparagraphs 7,a7 through 7,h7 of section #cajja7f7 located in that ,state-- 7i7 the availability of1 and affordability of access to1 broadband service and technology needed for the use of broadband service2 7ii7 public awareness of such availability and affordability and of subsidies available to increase such affordability 7including subsidies available through the ,lifeline program of the ,commission71 including objectives to-- 7,i7 inform ,medicaid enrollees and ,,snap participants1 and organizations that serve ,medicaid enrollees and ,,snap participants1 of potential eligibility for the ,lifeline program2 and 7,,ii7 provide ,medicaid enrollees and ,,snap participants with information about the ,lifeline program1 including-- 7aa7 how to apply for the ,lifeline program2 and 7bb7 a description of the prohibition on more than one subscriber in each household receiving a service provided under the ,lifeline program2 7iii7 the online accessibility and inclusivity of public resources and services2 7iv7 digital literacy2 7v7 awareness of1 and the use of1 measures to secure the online privacy of1 and cybersecurity with respect to1 an individual2 and 7vi7 the availability and affordability of consumer devices and technical support for those devices2 7,c7 an assessment of how the objectives described in subparagraph 7,b7 will impact and interact with the ,state's-- 7i7 economic and workforce development goals1 plans1 and outcomes2 7ii7 educational outcomes2 7iii7 health outcomes2 7iv7 civic and social engagement2 and 7v7 delivery of other essential services2 7,d7 in order to achieve the objectives described in subparagraph 7,b71 a description of how the ,state plans to collaborate with key stakeholders in the ,state1 which may include-- 7i7 anchor institutions2 7ii7 county and municipal governments2 7iii7 local educational agencies2 7iv7 where applicable1 ,indian ,tribes1 tribally designated entities1 or ,native ,hawaiian organizations2 7v7 nonprofit organizations2 7vi7 organizations that represent-- 7,i7 individuals with disabilities1 including organizations that represent children with disabilities2 7,,ii7 aging individuals2 7,,iii7 individuals with a language barrier1 including individuals who-- 7aa7 are ,english learners2 or 7bb7 have low levels of literacy2 7,,iv7 veterans2 7,v7 individuals residing in rural areas2 and 7,,vi7 incarcerated individuals in that ,state1 other than individuals who are incarcerated in a ,federal correctional facility 7including a private facility operated under contract with the ,federal ,government72 7vii7 civil rights organizations2 7viii7 entities that carry out workforce development programs2 7ix7 agencies of the ,state that are responsible for administering or supervising adult education and literacy activities in the ,state2 7x7 public housing agencies whose jurisdictions are located in the ,state2 and 7xi7 a consortium of any of the entities described in clauses 7i7 through 7x72 and 7,e7 a list of organizations with which the administering entity for the ,state collaborated in developing and implementing the ,plan4 7#b7 ,public availability 7,a7 ,in general ,the administering entity for a ,state shall make the ,state ,digital ,equity ,plan of the ,state available for public comment for a period of not less than #cj days before the date on which the ,state submits an application to the ,assistant ,secretary under subsection 7d77#b74 7,b7 ,consideration of comments received ,the administering entity for a ,state shall1 with respect to an application submitted to the ,assistant ,secretary under subsection 7d77#b7-- 7i7 before submitting the application-- 7,i7 consider all comments received during the comment period described in subparagraph 7,a7 with respect to the application 7referred to in this subparagraph as the comment period72 and 7,,ii7 make any changes to the plan that the administering entity determines to be appropriate2 and 7ii7 when submitting the application-- 7,i7 describe any changes pursued by the administering entity in response to comments received during the comment period2 and 7,,ii7 include a written response to each comment received during the comment period4 7#c7 ,planning grants 7,a7 ,in general ,beginning in the first fiscal year that begins after the date of the enactment of this ,act1 the ,assistant ,secretary shall1 in accordance with the requirements of this paragraph1 award planning grants to ,states for the purpose of developing the ,state ,digital ,equity ,plans of those ,states under this subsection4 7,b7 ,eligibility ,in order to be awarded a planning grant under this paragraph1 a ,state-- 7i7 shall submit to the ,assistant ,secretary an application under subparagraph 7,c72 and 7ii7 may not have been awarded1 at any time1 a planning grant under this paragraph4 7,c7 ,application ,a ,state that wishes to be awarded a planning grant under this paragraph shall1 not later than #fj days after the date on which the notice of funding availability with respect to the grant is released1 submit to the ,assistant ,secretary an application1 in a format to be determined by the ,assistant ,secretary1 that contains the following materials3 7i7 ,a description of the entity selected to serve as the administering entity for the ,state1 as described in subsection 7b74 7ii7 ,a certification from the ,state that1 not later than #a year after the date on which the ,assistant ,secretary awards the planning grant to the ,state1 the administering entity for that ,state will submit to the ,assistant ,secretary a ,state ,digital ,equity ,plan developed under this subsection1 which will comply with the requirements of this subsection1 including the requirements of paragraph 7#b74 7iii7 ,the assurances required under subsection 7e74 7,d7 ,awards 7i7 ,amount of grant ,the amount of a planning grant awarded to an eligible ,state under this paragraph shall be determined according to the formula under subsection 7d77#c77;,a77i74 7ii7 ,duration 7,i7 ,in general ,except as provided in subclause 7,,ii71 with respect to a planning grant awarded to an eligible ,state under this paragraph1 the ,state shall expend the grant funds during the #a-year period beginning on the date on which the ,state is awarded the grant funds4 7,,ii7 ,exception ,the ,assistant ,secretary may grant an extension of not longer than #ahj days with respect to the requirement under subclause 7,i74 7iii7 ,challenge mechanism ,the ,assistant ,secretary shall ensure that any eligible ,state to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the ,state1 as determined under clause 7i74 7,e7 ,use of funds ,an eligible ,state to which a planning grant is awarded under this paragraph shall1 through the administering entity for that ,state1 use the grant funds only for the following purposes3 7i7 ,to develop the ,state ,digital ,equity ,plan of the ,state under this subsection4 7ii7 7,i7 ,subject to subclause 7,,ii71 to make subgrants to any of the entities described in clauses 7i7 through 7xi7 of paragraph 7#a77;,d7 to assist in the development of the ,state ,digital ,equity ,plan of the ,state under this subsection4 7,,ii7 ,if the administering entity for a ,state makes a subgrant described in subclause 7,i71 the administering entity shall1 with respect to the subgrant1 provide to the ,state the assurances required under subsection 7e74 7d7 ,state capacity grants 7#a7 ,in general ,beginning not later than #b years after the date on which the ,assistant ,secretary begins awarding planning grants under subsection 7c77#c71 the ,assistant ,secretary shall each year award grants to eligible ,states to support-- 7,a7 the implementation of the ,state ,digital ,equity ,plans of those ,states2 and 7,b7 digital inclusion activities in those ,states4 7#b7 ,application ,a ,state that wishes to be awarded a grant under this subsection shall1 not later than #fj days after the date on which the notice of funding availability with respect to the grant is released1 submit to the ,assistant ,secretary an application1 in a format to be determined by the ,assistant ,secretary1 that contains the following materials3 7,a7 ,a description of the entity selected to serve as the administering entity for the ,state1 as described in subsection 7b74 7,b7 ,the ,state ,digital ,equity ,plan of that ,state1 as described in subsection 7c74 7,c7 ,a certification that the ,state1 acting through the administering entity for the ,state1 shall-- 7i7 implement the ,state ,digital ,equity ,plan of the ,state2 and 7ii7 make grants in a manner that is consistent with the aims of the ,plan described in clause 7i74 7,d7 ,the assurances required under subsection 7e74 7,e7 ,in the case of a ,state to which the ,assistant ,secretary has previously awarded a grant under this subsection1 any amendments to the ,state ,digital ,equity ,plan of that ,state1 as compared with the ,state ,digital ,equity ,plan of the ,state previously submitted4 7#c7 ,awards 7,a7 ,amount of grant 7i7 ,formula ,subject to clauses 7ii71 7iii71 and 7iv71 the ,assistant ,secretary shall calculate the amount of a grant awarded to an eligible ,state under this subsection in accordance with the following criteria1 using the best available data for all ,states for the fiscal year in which the grant is awarded3 7,i7 #ej percent of the total grant amount shall be based on the population of the eligible ,state in proportion to the total population of all eligible ,states4 7,,ii7 #be percent of the total grant amount shall be based on the number of individuals in the eligible ,state who are members of covered populations in proportion to the total number of individuals in all eligible ,states who are members of covered populations4 7,,iii7 #be percent of the total grant amount shall be based on the lack of availability of broadband service and lack of adoption of broadband service in the eligible ,state in proportion to the lack of availability of broadband service and lack of adoption of broadband service in all eligible ,states1 which shall be determined according to data collected-- 7aa7 from the annual inquiry of the ,commission conducted under section #gjf7;b7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;b772 7bb7 from the ,american ,community ,survey or1 if necessary1 other data collected by the ,bureau of the ,census2 7cc7 from the ,internet and ,computer ,use ,supplement to the ,current ,population ,survey of the ,bureau of the ,census2 7dd7 by the ,commission pursuant to the rules issued under section #hjb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb72 and 7ee7 from any other source that the ,assistant ,secretary1 after appropriate notice and opportunity for public comment1 determines to be appropriate4 7ii7 ,minimum award ,the amount of a grant awarded to an eligible ,state under this subsection in a fiscal year shall be not less than #j4e percent of the total amount made available to award grants to eligible ,states for that fiscal year4 7iii7 ,additional amounts ,if1 after awarding planning grants to ,states under subsection 7c77#c7 and capacity grants to eligible ,states under this subsection in a fiscal year1 there are amounts remaining to carry out this section1 the ,assistant ,secretary shall distribute those amounts-- 7,i7 to eligible ,states to which the ,assistant ,secretary has awarded grants under this subsection for that fiscal year2 and 7,,ii7 in accordance with the formula described in clause 7i74 7iv7 ,data unavailable ,if1 in a fiscal year1 the ,commonwealth of ,puerto ,rico 7referred to in this clause as ,puerto ,rico7 is an eligible ,state and specific data for ,puerto ,rico is unavailable for a factor described in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7i71 the ,assistant ,secretary shall use the median data point with respect to that factor among all eligible ,states and assign it to ,puerto ,rico for the purposes of making any calculation under that clause for that fiscal year4 7,b7 ,duration ,with respect to a grant awarded to an eligible ,state under this subsection1 the eligible ,state shall expend the grant funds during the #e-year period beginning on the date on which the eligible ,state is awarded the grant funds4 7,c7 ,challenge mechanism ,the ,assistant ,secretary shall ensure that any eligible ,state to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the ,state1 as determined under subparagraph 7,a74 7,d7 ,use of funds ,the administering entity for an eligible ,state to which a grant is awarded under this subsection shall use the grant amounts for the following purposes3 7i7 7,i7 ,subject to subclause 7,,ii71 to update or maintain the ,state ,digital ,equity ,plan of the ,state4 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #bj percent of the amount of the grant for the purpose described in subclause 7,i74 7ii7 ,to implement the ,state ,digital ,equity ,plan of the ,state4 7iii7 7,i7 ,subject to subclause 7,,ii71 to award a grant to any entity that is described in section #caabb7;b7 and is located in the eligible ,state in order to-- 7aa7 assist in the implementation of the ,state ,digital ,equity ,plan of the ,state2 7bb7 pursue digital inclusion activities in the ,state consistent with the ,state ,digital ,equity ,plan of the ,state2 and 7cc7 report to the ,state regarding the digital inclusion activities of the entity4 7,,ii7 ,before an administering entity for an eligible ,state may award a grant under subclause 7,i71 the administering entity shall require the entity to which the grant is awarded to certify that-- 7aa7 the entity shall carry out the activities required under items 7aa71 7bb71 and 7cc7 of that subclause2 7bb7 the receipt of the grant shall not result in unjust enrichment of the entity2 and 7cc7 the entity shall cooperate with any evaluation-- 7,,aa7 of any program that relates to a grant awarded to the entity2 and 7,,bb7 that is carried out by or for the administering entity1 the ,assistant ,secretary1 or another ,federal official4 7iv7 7,i7 ,subject to subclause 7,,ii71 to evaluate the efficacy of the efforts funded by grants made under clause 7iii74 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #e percent of the amount of the grant for a purpose described in subclause 7,i74 7v7 7,i7 ,subject to subclause 7,,ii71 for the administrative costs incurred in carrying out the activities described in clauses 7i7 through 7iv74 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #c percent of the amount of the grant for the purpose described in subclause 7,i74 7e7 ,assurances ,when applying for a grant under this section1 a ,state shall include in the application for that grant assurances that-- 7#a7 if any of the entities described in clauses 7i7 through 7xi7 of subsection 7c77#a77;,d7 or section #caabb7;b7 is awarded grant funds under this section 7referred to in this subsection as a covered recipient71 provide that-- 7,a7 the covered recipient shall use the grant funds in accordance with any applicable statute1 regulation1 or application procedure2 7,b7 the administering entity for that ,state shall adopt and use proper methods of administering any grant that the covered recipient is awarded1 including by-- 7i7 enforcing any obligation imposed under law on any agency1 institution1 organization1 or other entity that is responsible for carrying out the program to which the grant relates2 7ii7 correcting any deficiency in the operation of a program to which the grant relates1 as identified through an audit or another monitoring or evaluation procedure2 and 7iii7 adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates2 and 7,c7 the administering entity for that ,state shall cooperate in carrying out any evaluation-- 7i7 of any program that relates to a grant awarded to the covered recipient2 and 7ii7 that is carried out by or for the ,assistant ,secretary or another ,federal official2 7#b7 the administering entity for that ,state shall-- 7,a7 use fiscal control and fund accounting procedures that ensure the proper disbursement of1 and accounting for1 any ,federal funds that the ,state is awarded under this section2 7,b7 submit to the ,assistant ,secretary any reports that may be necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under this section2 7,c7 maintain any records and provide any information to the ,assistant ,secretary1 including those records1 that the ,assistant ,secretary determines is necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under this section2 and 7,d7 with respect to any significant proposed change or amendment to the ,state ,digital ,equity ,plan for the ,state1 make the change or amendment available for public comment in accordance with subsection 7c77#b72 and 7#c7 the ,state1 before submitting to the ,assistant ,secretary the ,state ,digital ,equity ,plan of the ,state1 has complied with the requirements of subsection 7c77#b74 7f7 ,termination of grant 7#a7 ,in general ,in addition to other authority under applicable law1 the ,assistant ,secretary shall terminate a grant awarded to an eligible ,state under this section if1 after notice to the ,state and opportunity for a hearing1 the ,assistant ,secretary determines1 and presents to the ,state a rationale and supporting information that clearly demonstrates1 that-- 7,a7 the grant funds are not contributing to the development or implementation of the ,state ,digital ,equity ,plan of the ,state1 as applicable2 7,b7 the ,state is not upholding assurances made by the ,state to the ,assistant ,secretary under subsection 7e72 or 7,c7 the grant is no longer necessary to achieve the original purpose for which the ,assistant ,secretary awarded the grant4 7#b7 ,redistribution ,if the ,assistant ,secretary1 in a fiscal year1 terminates a grant under paragraph 7#a7 or under other authority under applicable law1 the ,assistant ,secretary shall redistribute the unspent grant amounts-- 7,a7 to eligible ,states to which the ,assistant ,secretary has awarded grants under subsection 7d7 for that fiscal year2 and 7,b7 in accordance with the formula described in subsection 7d77#c77;,a77i74 7g7 ,reporting and information requirements2 ,internet disclosure ,the ,assistant ,secretary-- 7#a7 shall-- 7,a7 require any entity to which a grant1 including a subgrant1 is awarded under this section to publicly report1 for each year during the period described in subsection 7c77#c77;,d77ii7 or 7d77#c77;,b71 as applicable1 with respect to the grant1 and in a format specified by the ,assistant ,secretary1 on-- 7i7 the use of that grant by the entity2 7ii7 the progress of the entity towards fulfilling the objectives for which the grant was awarded2 and 7iii7 the implementation of the ,state ,digital ,equity ,plan of the ,state2 7,b7 establish appropriate mechanisms to ensure that any entity to which a grant1 including a subgrant1 is awarded under this section-- 7i7 uses the grant amounts in an appropriate manner2 and 7ii7 complies with all terms with respect to the use of the grant amounts2 and 7,c7 create and maintain a fully searchable database1 which shall be accessible on the internet at no cost to the public1 that contains1 at a minimum-- 7i7 the application of each ,state that has applied for a grant under this section2 7ii7 the status of each application described in clause 7i72 7iii7 each report submitted by an entity under subparagraph 7,a72 7iv7 a record of public comments received during the comment period described in subsection 7c77#b77;,a7 regarding the ,state ,digital ,equity ,plan of a ,state1 as well as any written responses to or actions taken as a result of those comments2 and 7v7 any other information that the ,assistant ,secretary considers appropriate to ensure that the public has sufficient information to understand and monitor grants awarded under this section2 and 7#b7 may establish additional reporting and information requirements for any recipient of a grant under this section4 7h7 ,supplement not supplant ,a grant or subgrant awarded under this section shall supplement1 not supplant1 other ,federal or ,state funds that have been made available to carry out activities described in this section4 7i7 ,set asides ,from amounts made available in a fiscal year to carry out the ,program1 the ,assistant ,secretary shall reserve-- 7#a7 not more than #e percent for the implementation and administration of the ,program1 which shall include-- 7,a7 providing technical support and assistance1 including ensuring consistency in data reporting2 7,b7 providing assistance to-- 7i7 ,states1 or administering entities for ,states1 to prepare the applications of those ,states2 and 7ii7 administering entities with respect to grants awarded under this section2 7,c7 developing the report required under section #caabc7;a72 and 7,d7 providing assistance specific to ,indian ,tribes1 tribally designated entities1 and ,native ,hawaiian organizations1 including-- 7i7 conducting annual outreach to ,indian ,tribes and ,native ,hawaiian organizations on the availability of technical assistance for applying for or otherwise participating in the ,program2 7ii7 providing technical assistance at the request of any ,indian ,tribe1 tribally designated entity1 or ,native ,hawaiian organization that is applying for or participating in the ,program in order to facilitate the fulfillment of any applicable requirements in subsections 7c7 and 7d72 and 7iii7 providing additional technical assistance at the request of any ,indian ,tribe1 tribally designated entity1 or ,native ,hawaiian organization that is applying for or participating in the ,program to improve the development or implementation of a ,digital ,equity plan1 such as-- 7,i7 assessing all ,federal programs that are available to assist the ,indian ,tribe1 tribally designated entity1 or ,native ,hawaiian organization in meeting the goals of a ,digital ,equity plan2 7,,ii7 identifying all applicable ,federal1 ,state1 and ,tribal statutory provisions1 regulations1 policies1 and procedures that the ,assistant ,secretary determines are necessary to adhere to for the deployment of broadband service2 7,,iii7 identifying obstacles to the deployment of broadband service under a ,digital ,equity plan1 as well as potential solutions2 or 7,,iv7 identifying activities that may be necessary to the success of a ,digital ,equity plan1 including digital literacy training1 technical support1 privacy and cybersecurity expertise1 and other end-user technology needs2 and 7#b7 not less than #e percent to award grants directly to ,indian ,tribes1 tribally designated entities1 and ,native ,hawaiian organizations to allow those ,tribes1 entities1 and organizations to carry out the activities described in this section4 7j7 ,rules ,the ,assistant ,secretary may prescribe such rules as may be necessary to carry out this section4 7k7 ,appropriation ,there are appropriated to the ,assistant ,secretary1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 for the award of grants under subsection 7c77#c71 #fj1jjj1jjj for fiscal year #bjba1 to remain available until expended2 and 7#b7 for the award of grants under subsection 7d7-- 7,a7 #abe1jjj1jjj for fiscal year #bjba1 to remain available until expended2 7,b7 #abe1jjj1jjj for fiscal year #bjbb1 to remain available until expended2 7,c7 #abe1jjj1jjj for fiscal year #bjbc1 to remain available until expended2 7,d7 #abe1jjj1jjj for fiscal year #bjbd1 to remain available until expended2 and 7,e7 #abe1jjj1jjj for fiscal year #bjbe1 to remain available until expended4 #caabb4 ,digital ,equity ,competitive ,grant ,program 7a7 ,establishment 7#a7 ,in general ,not later than #cj days after the date on which the ,assistant ,secretary begins awarding grants under section #caaba7;d71 and not before that date1 the ,assistant ,secretary shall establish in the ,office the ,digital ,equity ,competitive ,grant ,program 7referred to in this section as the ,program71 the purpose of which is to award grants to support efforts to achieve digital equity1 promote digital inclusion activities1 and spur greater adoption of broadband service among covered populations4 7#b7 ,consultation2 no conflict ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary-- 7,a7 may consult a ,state with respect to-- 7i7 the identification of groups described in subparagraphs 7,a7 through 7,h7 of section #cajja7f7 located in that ,state2 and 7ii7 the allocation of grant funds within that ,state for projects in or affecting the ,state2 and 7,b7 shall-- 7i7 consult with-- 7,i7 the ,secretary of ,agriculture2 7,,ii7 the ,secretary of ,housing and ,urban ,development2 7,,iii7 the ,secretary of ,education2 7,,iv7 the ,secretary of ,labor2 7,v7 the ,secretary of ,health and ,human ,services2 7,,vi7 the ,secretary of ,veterans ,affairs2 7,,vii7 the ,secretary of the ,interior2 7,,viii7 the ,assistant ,secretary for ,indian ,affairs of the ,department of the ,interior2 7,,ix7 the ,commission2 7,x7 the ,federal ,trade ,commission2 7,,xi7 the ,director of the ,institute of ,museum and ,library ,services2 7,,xii7 the ,administrator of the ,small ,business ,administration2 7,,xiii7 the ,federal ,cochairman of the ,appalachian ,regional ,commission2 and 7,,xiv7 the head of any other ,federal agency that the ,assistant ,secretary determines to be appropriate2 and 7ii7 ensure that the ,program complements and enhances1 and does not conflict with1 other ,federal broadband service support programs and ,universal ,service ,fund programs4 7b7 ,eligibility ,the ,assistant ,secretary may award a grant under the ,program to any of the following entities if the entity is not serving1 and has not served1 as the administering entity for a ,state under section #caaba7;b73 7#a7 ,a political subdivision1 agency1 or instrumentality of a ,state1 including an agency of a ,state that is responsible for administering or supervising adult education and literacy activities in the ,state4 7#b7 ,an ,indian ,tribe1 a tribally designated entity1 or a ,native ,hawaiian organization4 7#c7 ,an entity that is-- 7,a7 a not-for-profit entity2 and 7,b7 not a school4 7#d7 ,an anchor institution4 7#e7 ,a local educational agency4 7#f7 ,an entity that carries out a workforce development program4 7#g7 ,a consortium of any of the entities described in paragraphs 7#a7 through 7#f74 7#h7 ,a consortium of-- 7,a7 an entity described in any of paragraphs 7#a7 through 7#f72 and 7,b7 an entity that-- 7i7 the ,assistant ,secretary1 by rule1 determines to be in the public interest2 and 7ii7 is not a school4 7c7 ,application ,an entity that wishes to be awarded a grant under the ,program shall submit to the ,assistant ,secretary an application-- 7#a7 at such time1 in such form1 and containing such information as the ,assistant ,secretary may require2 and 7#b7 that-- 7,a7 provides a detailed explanation of how the entity will use any grant amounts awarded under the ,program to carry out the purposes of the ,program in an efficient and expeditious manner2 7,b7 identifies the period in which the applicant will expend the grant funds awarded under the ,program2 7,c7 includes-- 7i7 a justification for the amount of the grant that the applicant is requesting2 and 7ii7 for each fiscal year in which the applicant will expend the grant funds1 a budget for the activities that the grant funds will support2 7,d7 demonstrates to the satisfaction of the ,assistant ,secretary that the entity-- 7i7 is capable of carrying out the project or function to which the application relates and the activities described in subsection 7h7-- 7,i7 in a competent manner2 and 7,,ii7 in compliance with all applicable ,federal1 ,state1 and local laws2 and 7ii7 if the applicant is an entity described in subsection 7b77#a71 will appropriate or otherwise unconditionally obligate from non-,federal sources funds that are necessary to meet the requirements of subsection 7e72 7,e7 discloses to the ,assistant ,secretary the source and amount of other ,federal1 ,state1 or outside funding sources from which the entity receives1 or has applied for1 funding for activities or projects to which the application relates2 and 7,f7 provides-- 7i7 the assurances that are required under subsection 7f72 and 7ii7 an assurance that the entity shall follow such additional procedures as the ,assistant ,secretary may require to ensure that grant funds are used and accounted for in an appropriate manner4 7d7 ,award of grants 7#a7 ,factors considered in award of grants ,in deciding whether to award a grant under the ,program1 the ,assistant ,secretary shall1 to the extent practicable1 consider-- 7,a7 whether-- 7i7 an application will1 if approved-- 7,i7 increase access to broadband service and the adoption of broadband service among covered populations to be served by the applicant2 and 7,,ii7 not result in unjust enrichment2 and 7ii7 the applicant is1 or plans to subcontract with1 a socially and economically disadvantaged small business concern2 7,b7 the comparative geographic diversity of the application in relation to other eligible applications2 and 7,c7 the extent to which an application may duplicate or conflict with another program4 7#b7 ,use of funds 7,a7 ,in general ,in addition to the activities required under subparagraph 7,b71 an entity to which the ,assistant ,secretary awards a grant under the ,program shall use the grant amounts to support not less than one of the following activities3 7i7 ,to develop and implement digital inclusion activities that benefit covered populations4 7ii7 ,to facilitate the adoption of broadband service by covered populations1 including by raising awareness of subsidies available to increase affordability of such service 7including subsidies available through the ,lifeline program of the ,commission71 in order to provide educational and employment opportunities to those populations4 7iii7 ,to implement1 consistent with the purposes of this chapter-- 7,i7 training programs for covered populations that cover basic1 advanced1 and applied skills2 or 7,,ii7 other workforce development programs4 7iv7 ,to make available equipment1 instrumentation1 networking capability1 hardware and software1 or digital network technology for broadband service to covered populations at low or no cost4 7v7 ,to construct1 upgrade1 expend1 or operate new or existing public access computing centers for covered populations through anchor institutions4 7vi7 ,to undertake any other project or activity that the ,assistant ,secretary finds to be consistent with the purposes for which the ,program is established4 7,b7 ,evaluation 7i7 ,in general ,an entity to which the ,assistant ,secretary awards a grant under the ,program shall use not more than #aj percent of the grant amounts to measure and evaluate the activities supported with the grant amounts4 7ii7 ,submission to ,assistant ,secretary ,an entity to which the ,assistant ,secretary awards a grant under the ,program shall submit to the ,assistant ,secretary each measurement and evaluation performed under clause 7i7-- 7,i7 in a manner specified by the ,assistant ,secretary2 7,,ii7 not later than #ae months after the date on which the entity is awarded the grant amounts2 and 7,,iii7 annually after the submission described in subclause 7,,ii7 for any year in which the entity expends grant amounts4 7,c7 ,administrative costs ,an entity to which the ,assistant ,secretary awards a grant under the ,program may use not more than #aj percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph 7,a74 7,d7 ,time limitations ,with respect to a grant awarded to an entity under the ,program1 the entity-- 7i7 except as provided in clause 7ii71 shall expend the grant amounts during the #d-year period beginning on the date on which the entity is awarded the grant amounts2 and 7ii7 during the #a-year period beginning on the date that is #d years after the date on which the entity is awarded the grant amounts1 may continue to measure and evaluate the activities supported with the grant amounts1 as required under subparagraph 7,b74 7,e7 ,contracting requirements ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with a grant under the ,program 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this subparagraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7,f7 ,neutrality requirement ,an employer to which the ,assistant ,secretary awards a grant under the ,program shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 7,g7 ,referral of alleged violations of applicable ,federal labor and employment laws ,the ,assistant ,secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate ,federal agency for investigation and enforcement1 any alleged violation of subparagraph 7,e7 or 7,f7 to the ,national ,labor ,relations ,board for investigation and enforcement1 utilizing all appropriate remedies up to and including debarment from the ,program4 7e7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of any project for which the ,assistant ,secretary awards a grant under the ,program may not exceed #ij percent4 7#b7 ,exception ,the ,assistant ,secretary may grant a waiver with respect to the limitation on the ,federal share of a project described in paragraph 7#a7 if-- 7,a7 the applicant with respect to the project petitions the ,assistant ,secretary for the waiver2 and 7,b7 the ,assistant ,secretary determines that the petition described in subparagraph 7,a7 demonstrates financial need4 7f7 ,assurances ,when applying for a grant under this section1 an entity shall include in the application for that grant assurances that the entity will-- 7#a7 use any grant funds that the entity is awarded in accordance with any applicable statute1 regulation1 or application procedure2 7#b7 adopt and use proper methods of administering any grant that the entity is awarded1 including by-- 7,a7 enforcing any obligation imposed under law on any agency1 institution1 organization1 or other entity that is responsible for carrying out a program to which the grant relates2 7,b7 correcting any deficiency in the operation of a program to which the grant relates1 as identified through an audit or another monitoring or evaluation procedure2 and 7,c7 adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates2 7#c7 cooperate with respect to any evaluation-- 7,a7 of any program that relates to a grant awarded to the entity2 and 7,b7 that is carried out by or for the ,assistant ,secretary or another ,federal official2 7#d7 use fiscal control and fund accounting procedures that ensure the proper disbursement of1 and accounting for1 any ,federal funds that the entity is awarded under the ,program2 7#e7 submit to the ,assistant ,secretary any reports that may be necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under the ,program2 and 7#f7 maintain any records and provide any information to the ,assistant ,secretary1 including those records1 that the ,assistant ,secretary determines is necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under the ,program4 7g7 ,termination of grant ,in addition to other authority under applicable law1 the ,assistant ,secretary shall-- 7#a7 terminate a grant awarded to an entity under this section if1 after notice to the entity and opportunity for a hearing1 the ,assistant ,secretary determines1 and presents to the entity a rationale and supporting information that clearly demonstrates1 that-- 7,a7 the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection 7c72 7,b7 the entity is not upholding assurances made by the entity to the ,assistant ,secretary under subsection 7f72 or 7,c7 the grant is no longer necessary to achieve the original purpose for which the ,assistant ,secretary awarded the grant2 and 7#b7 with respect to any grant funds that the ,assistant ,secretary terminates under paragraph 7#a7 or under other authority under applicable law1 competitively award the grant funds to another applicant 7if such an applicant exists71 consistent with the requirements of this section4 7h7 ,reporting and information requirements2 internet disclosure ,the ,assistant ,secretary-- 7#a7 shall-- 7,a7 require any entity to which the ,assistant ,secretary awards a grant under the ,program to1 for each year during the period described in clause 7i7 of subsection 7d77#b77;,d7 with respect to the grant and during the period described in clause 7ii7 of such subsection with respect to the grant if the entity continues to measure and evaluate the activities supported with the grant amounts during such period1 submit to the ,assistant ,secretary a report1 in a format specified by the ,assistant ,secretary1 regarding-- 7i7 the use by the entity of the grant amounts2 and 7ii7 the progress of the entity towards fulfilling the objectives for which the grant was awarded2 7,b7 establish mechanisms to ensure appropriate use of1 and compliance with respect to all terms regarding1 grant funds awarded under the ,program2 7,c7 create and maintain a fully searchable database1 which shall be accessible on the internet at no cost to the public1 that contains1 at a minimum-- 7i7 a list of each entity that has applied for a grant under the ,program2 7ii7 a description of each application described in clause 7i71 including the proposed purpose of each grant described in that clause2 7iii7 the status of each application described in clause 7i71 including whether the ,assistant ,secretary has awarded a grant with respect to the application and1 if so1 the amount of the grant2 7iv7 each report submitted by an entity under subparagraph 7,a72 and 7v7 any other information that the ,assistant ,secretary considers appropriate to ensure that the public has sufficient information to understand and monitor grants awarded under the ,program2 and 7,d7 ensure that any entity with respect to which an award is terminated under subsection 7g7 may1 in a timely manner1 appeal or otherwise challenge that termination2 and 7#b7 may establish additional reporting and information requirements for any recipient of a grant under the ,program4 7i7 ,supplement not supplant ,a grant awarded to an entity under the ,program shall supplement1 not supplant1 other ,federal or ,state funds that have been made available to the entity to carry out activities described in this section4 7j7 ,set asides ,from amounts made available in a fiscal year to carry out the ,program1 the ,assistant ,secretary shall reserve-- 7#a7 not more than #e percent for the implementation and administration of the ,program1 which shall include-- 7,a7 providing technical support and assistance1 including ensuring consistency in data reporting2 7,b7 providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section2 7,c7 developing the report required under section #caabc7;a72 and 7,d7 conducting outreach to entities that may be eligible to be awarded a grant under the ,program regarding opportunities to apply for such a grant2 and 7#b7 not less than #e percent to award grants directly to ,indian ,tribes1 tribally designated entities1 and ,native ,hawaiian organizations to allow those ,tribes1 entities1 and organizations to carry out the activities described in this section4 7k7 ,rules ,the ,assistant ,secretary may prescribe such rules as may be necessary to carry out this section4 7l7 ,appropriation ,there are appropriated to the ,assistant ,secretary1 out of any money in the ,treasury not otherwise appropriated1 #fbe1jjj1jjj to carry out this section for fiscal year #bjba1 to remain available until expended4 #caabc4 ,policy research1 data collection1 analysis and modeling1 evaluation1 and dissemination 7a7 ,reporting requirements 7#a7 ,in general ,not later than #a year after the date on which the ,assistant ,secretary begins awarding grants under section #caaba7;d71 and annually thereafter1 the ,assistant ,secretary shall-- 7,a7 submit to the appropriate committees of ,congress a report that documents1 for the year covered by the report-- 7i7 the findings of each evaluation conducted under subparagraph 7,b72 7ii7 a list of each grant awarded under each covered program1 which shall include-- 7,i7 the amount of each such grant2 7,,ii7 the recipient of each such grant2 and 7,,iii7 the purpose for which each such grant was awarded2 7iii7 any termination or modification of a grant awarded under the covered programs1 which shall include a description of the subsequent usage of any funds to which such an action applies2 and 7iv7 each challenge made by an applicant for1 or a recipient of1 a grant under the covered programs and the outcome of each such challenge2 and 7,b7 conduct evaluations of the activities carried out under the covered programs1 which shall include an evaluation of-- 7i7 whether eligible ,states to which grants are awarded under the program established under section #caaba are-- 7,i7 abiding by the assurances made by those ,states under subsection 7e7 of that section2 7,,ii7 meeting1 or have met1 the stated goals of the ,state ,digital ,equity ,plans developed by the ,states under subsection 7c7 of that section2 7,,iii7 satisfying the requirements imposed by the ,assistant ,secretary on those ,states under subsection 7g7 of that section2 and 7,,iv7 in compliance with any other rules1 requirements1 or regulations promulgated by the ,assistant ,secretary in implementing that program2 and 7ii7 whether entities to which grants are awarded under the program established under section #caabb are-- 7,i7 abiding by the assurances made by those entities under subsection 7f7 of that section2 7,,ii7 meeting1 or have met1 the stated goals of those entities with respect to the use of the grant amounts2 7,,iii7 satisfying the requirements imposed by the ,assistant ,secretary on those entities under subsection 7h7 of that section2 and 7,,iv7 in compliance with any other rules1 requirements1 or regulations promulgated by the ,assistant ,secretary in implementing that program4 7#b7 ,public availability ,the ,assistant ,secretary shall make each report submitted under paragraph 7#a77;,a7 publicly available in an online format that-- 7,a7 facilitates access and ease of use2 7,b7 is searchable2 and 7,c7 is accessible-- 7i7 to individuals with disabilities2 and 7ii7 in languages other than ,english4 7b7 ,authority ,to contract and enter into other arrangements ,the ,assistant ,secretary may award grants and enter into contracts1 cooperative agreements1 and other arrangements with ,federal agencies1 public and private organizations1 and other entities with expertise that the ,assistant ,secretary determines appropriate in order to-- 7#a7 evaluate the impact and efficacy of activities supported by grants awarded under the covered programs2 and 7#b7 develop1 catalog1 disseminate1 and promote the exchange of best practices1 both with respect to and independent of the covered programs1 in order to achieve digital equity4 7c7 ,consultation and public engagement ,in carrying out subsection 7a71 and to further the objectives described in paragraphs 7#a7 and 7#b7 of subsection 7b71 the ,assistant ,secretary shall conduct ongoing collaboration and consult with-- 7#a7 the ,secretary of ,agriculture2 7#b7 the ,secretary of ,housing and ,urban ,development2 7#c7 the ,secretary of ,education2 7#d7 the ,secretary of ,labor2 7#e7 the ,secretary of ,health and ,human ,services2 7#f7 the ,secretary of ,veterans ,affairs2 7#g7 the ,secretary of the ,interior2 7#h7 the ,assistant ,secretary for ,indian ,affairs of the ,department of the ,interior2 7#i7 the ,commission2 7#aj7 the ,federal ,trade ,commission2 7#aa7 the ,director of the ,institute of ,museum and ,library ,services2 7#ab7 the ,administrator of the ,small ,business ,administration2 7#ac7 the ,federal ,cochairman of the ,appalachian ,regional ,commission2 7#ad7 ,state agencies and governors of ,states 7or equivalent officials72 7#ae7 entities serving as administering entities for ,states under section #caaba7;b72 7#af7 national1 ,state1 ,tribal1 and local organizations that conduct digital inclusion activities1 promote digital equity1 or provide digital literacy services2 7#ag7 researchers1 academics1 and philanthropic organizations2 and 7#ah7 other agencies1 organizations 7including international organizations71 entities 7including entities with expertise in the fields of data collection1 analysis and modeling1 and evaluation71 and community stakeholders1 as determined appropriate by the ,assistant ,secretary4 7d7 ,technical support and assistance ,the ,assistant ,secretary shall provide technical support and assistance to potential applicants for the covered programs and entities awarded grants under the covered programs1 to ensure consistency in data reporting and to meet the objectives of this section4 #caabd4 ,general provisions 7a7 ,nondiscrimination 7#a7 ,in general ,no individual in the ,united ,states may1 on the basis of actual or perceived race1 color1 religion1 national origin1 sex1 gender identity1 sexual orientation1 age1 or disability1 be excluded from participation in1 be denied the benefits of1 or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available under this chapter4 7#b7 ,enforcement ,the ,assistant ,secretary shall effectuate paragraph 7#a7 with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a74 7#c7 ,judicial review ,judicial review of an action taken by the ,assistant ,secretary under paragraph 7#b7 shall be available to the extent provided in section #fjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#b74 7b7 ,technological neutrality ,the ,assistant ,secretary shall1 to the extent practicable1 carry out this chapter in a technologically neutral manner4 7c7 ,audit and oversight ,there are appropriated to the ,office of ,inspector ,general of the ,department of ,commerce1 out of any money in the ,treasury not otherwise appropriated1 for audits and oversight of funds made available to carry out this chapter1 #e1jjj1jjj for fiscal year #bjba1 to remain available until expended4 #c ,broadband ,service for ,low-,income ,consumers #caada4 ,additional broadband benefit 7a7 ,promulgation of regulations required ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall promulgate regulations implementing this section4 7b7 ,requirements ,the regulations promulgated pursuant to subsection 7a7 shall establish the following3 7#a7 ,broadband benefit ,a provider shall provide an eligible household with an internet service offering1 upon request by a member of such household4 ,such provider shall discount the price charged to such household for such internet service offering in an amount equal to the broadband benefit for such household4 7#b7 ,verification of eligibility ,to verify whether a household is an eligible household1 a provider shall either-- 7,a7 use the ,national ,lifeline ,eligibility ,verifier2 or 7,b7 rely upon an alternative verification process of the provider1 if the ,commission finds such process to be sufficient to avoid waste1 fraud1 and abuse4 7#c7 ,use of national lifeline eligibility verifier ,the ,commission shall-- 7,a7 expedite the ability of all providers to access the ,national ,lifeline ,eligibility ,verifier for purposes of determining whether a household is an eligible household2 and 7,b7 ensure that the ,national ,lifeline ,eligibility ,verifier approves an eligible household to receive the broadband benefit not later than ten days after the date of the submission of information necessary to determine if such household is an eligible household4 7#d7 ,reimbursement ,from the ,broadband ,connectivity ,fund established in subsection 7g71 the ,commission shall reimburse a provider in an amount equal to the broadband benefit with respect to an eligible household that receives such benefit from such provider4 7#e7 ,reimbursement for connected device ,a provider that1 in addition to providing the broadband benefit to an eligible household1 supplies such household with a connected device may be reimbursed up to #ajj from the ,broadband ,connectivity ,fund established in subsection 7g7 for such connected device1 if the charge to such eligible household is more than #aj but less than #ej for such connected device1 except that a provider may receive reimbursement for no more than one connected device per eligible household4 7#f7 ,certification required ,to receive a reimbursement under paragraph 7#d7 or 7#e71 a provider shall certify to the ,commission the following3 7,a7 ,that the amount for which the provider is seeking reimbursement from the ,broadband ,connectivity ,fund for an internet service offering to an eligible household is not more than the normal rate4 7,b7 ,that each eligible household for which the provider is seeking reimbursement for providing an internet service offering discounted by the broadband benefit-- 7i7 has not been and will not be charged-- 7,i7 for such offering1 if the normal rate for such offering is less than or equal to the amount of the broadband benefit for such household2 or 7,,ii7 more for such offering than the difference between the normal rate for such offering and the amount of the broadband benefit for such household2 7ii7 will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract2 and 7iii7 was not subject to a mandatory waiting period for such internet service offering based on having previously received broadband service from such provider4 7,c7 ,that each eligible household for which the provider is seeking reimbursement for supplying such household with a connected device has not been and will not be charged #aj or less or #ej or more for such device4 7,d7 ,a description of the process used by the provider to verify that a household is an eligible household1 if the provider elects an alternative verification process under paragraph 7#b77;,b71 and that such verification process was designed to avoid waste1 fraud1 and abuse4 7#g7 ,audit requirements ,the ,commission shall adopt audit requirements to ensure that providers are in compliance with the requirements of this section and to prevent waste1 fraud1 and abuse in the broadband benefit program established under this section4 7c7 ,eligible providers ,notwithstanding subsection 7e7 of this section1 the ,commission shall provide a reimbursement to a provider under this section without requiring such provider to be designated as an eligible telecommunications carrier under section #bad7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bad7;e774 7d7 ,rule of construction ,nothing in this section shall affect the collection1 distribution1 or administration of the ,lifeline ,assistance ,program governed by the rules set forth in subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7e7 ,part #ed regulations ,nothing in this section shall be construed to prevent the ,commission from providing that the regulations in part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 shall apply in whole or in part to support provided under the regulations required by subsection 7a71 shall not apply in whole or in part to such support1 or shall be modified in whole or in part for purposes of application to such support4 7f7 ,enforcement ,a violation of this section or a regulation promulgated under this section1 including the knowing or reckless denial of an internet service offering discounted by the broadband benefit to an eligible household that requests such an offering1 shall be treated as a violation of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 or a regulation promulgated under such ,act4 ,the ,commission shall enforce this section and the regulations promulgated under this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,communications ,act of #aicd were incorporated into and made a part of this section4 7g7 ,broadband ,connectivity ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,broadband ,connectivity ,fund4 7#b7 ,appropriation ,there are appropriated to the ,broadband ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #i1jjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#c7 ,use of funds ,amounts in the ,broadband ,connectivity ,fund shall be available to the ,commission for reimbursements to providers under the regulations required by subsection 7a74 7#d7 ,relationship to universal service contributions ,reimbursements provided under the regulations required by subsection 7a7 shall be provided from amounts made available under this subsection and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d771 except the ,commission may use such contributions if needed to offset expenses associated with the reliance on the ,national ,lifeline ,eligibility ,verifier to determine eligibility of households to receive the broadband benefit4 7#e7 ,lack of availability of funds ,the regulations required by subsection 7a7 shall provide that a provider is not required to provide an eligible household with an internet service offering under subsection 7b77#a7 for any month for which there are insufficient amounts in the ,broadband ,connectivity ,fund to reimburse the provider under subsection 7b77#d7 for providing the broadband benefit to such eligible household4 7h7 ,definitions ,in this section3 7#a7 ,broadband benefit ,the term broadband benefit means a monthly discount for an eligible household applied to the normal rate for an internet service offering1 in an amount equal to such rate1 but not more than #ej1 or1 if an internet service offering is provided to an eligible household on ,tribal land1 not more than #ge4 7#b7 ,connected device ,the term connected device means a laptop or desktop computer or a tablet4 7#c7 ,eligible household ,the term eligible household means1 regardless of whether the household or any member of the household receives support under subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 and regardless of whether any member of the household has any past or present arrearages with a provider1 a household in which-- 7,a7 at least one member of the household meets the qualifications in subsection 7a7 or 7b7 of section #ed4dji of title #dg1 ,code of ,federal ,regulations 7or any successor regulation72 7,b7 at least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 or the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 7,c7 at least one member of the household has experienced a substantial loss of income for at least the two consecutive months immediately preceding the month for which eligibility for the broadband benefit is being determined1 documented by layoff or furlough notice1 application for unemployment insurance benefits1 or similar documentation2 or 7,d7 at least one member of the household has received a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 in the most recent academic year4 7#d7 ,internet service offering ,the term internet service offering means1 with respect to a provider1 broadband service provided by such provider to a household1 offered in the same manner1 and on the same terms1 as described in any of such provider's advertisements for broadband service to such household1 on ,may #a1 #bjbj 7or such later date as the ,commission may by rule determine1 if the ,commission considers it necessary74 7#e7 ,normal rate ,the term normal rate means1 with respect to an internet service offering by a provider1 the advertised monthly retail rate1 on ,may #a1 #bjbj 7or such later date as the ,commission may by rule determine1 if the ,commission considers it necessary71 including any applicable promotions and excluding any taxes or other governmental fees4 7#f7 ,provider ,the term provider means a provider of broadband service4 #caadb4 ,grants to ,states to strengthen ,national ,lifeline ,eligibility ,verifier 7a7 ,in general ,from amounts appropriated under subsection 7d71 the ,commission shall1 not later than #cj days after the date of the enactment of this ,act1 make a grant to each ,state1 in an amount in proportion to the population of such ,state1 for the purpose of connecting the database used by such ,state for purposes of the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 to the ,national ,lifeline ,eligibility ,verifier1 so that the receipt by a household of benefits under such program is reflected in the ,national ,lifeline ,eligibility ,verifier4 7b7 ,disbursement of grant funds ,funds under each grant made under subsection 7a7 shall be disbursed to the ,state receiving such grant not later than #fj days after the date of the enactment of this ,act4 7c7 ,certification to ,congress ,not later than #ij days after the date of the enactment of this ,act1 the ,commission shall certify to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate that the grants required by subsection 7a7 have been made and that funds have been disbursed as required by subsection 7b74 7d7 ,appropriation ,there are appropriated to the ,commission1 out of any money in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj to carry out this section for fiscal year #bjba1 to remain available until expended4 #caadc4 ,federal coordination between ,lifeline and ,,snap verification 7a7 ,in general ,notwithstanding section #aa7x77#b77;,c77i7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7x77#b77;,c77i771 not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall1 in coordination with the ,secretary of ,agriculture1 establish an automated connection1 to the maximum extent practicable1 between the ,national ,lifeline ,eligibility ,verifier and the ,national ,accuracy ,clearinghouse established under section #aa7x7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbj7x77 for the supplemental nutrition assistance program4 7b7 ,definition ,in this section1 the term automated connection means a connection between two or more information systems where the manual input of information in one system leads to the automatic input of the same information any other connected system4 #d ,e-,rate ,support for ,wi-,fi ,hotspots1 ,other ,equipment1 and ,connected ,devices #caafa4 ,e-,rate support for ,wi-,fi hotspots1 other equipment1 and connected devices 7a7 ,regulations required ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall promulgate regulations providing for the provision1 from amounts made available from the ,connectivity ,fund established under subsection 7h77#a71 of support under section #bed7;h77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#a77;,b77 to an elementary school1 secondary school1 or library 7including a ,tribal elementary school1 ,tribal secondary school1 or ,tribal library7 eligible for support under such section1 for the purchase of equipment described in subsection 7c71 advanced telecommunications and information services1 or equipment described in such subsection and advanced telecommunications and information services1 for use by-- 7#a7 in the case of a school1 students and staff of such school at locations that include locations other than such school2 and 7#b7 in the case of a library1 patrons of such library at locations that include locations other than such library4 7b7 ,tribal issues 7#a7 ,set aside for ,tribal lands ,the ,commission shall reserve not less than #e percent of the amounts available to the ,commission under subsection 7h77#c7 to provide support under the regulations required by subsection 7a7 to schools and libraries that serve persons who are located on ,tribal lands4 7#b7 ,eligibility of ,tribal libraries ,for purposes of determining the eligibility of a ,tribal library for support under the regulations required by subsection 7a71 the portion of paragraph 7#d7 of section #bed7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77 relating to eligibility for assistance from a ,state library administrative agency under the ,library ,services and ,technology ,act shall not apply4 7c7 ,equipment described ,the equipment described in this subsection is the following3 7#a7 ,wi-,fi hotspots4 7#b7 ,modems4 7#c7 ,routers4 7#d7 ,devices that combine a modem and router4 7#e7 ,connected devices4 7d7 ,prioritization of support ,the ,commission shall provide in the regulations required by subsection 7a7 for a mechanism to require a school or library to prioritize the provision of equipment described in subsection 7c71 advanced telecommunications and information services1 or equipment described in such subsection and advanced telecommunications and information services1 for which support is received under such regulations1 to students and staff or patrons 7as the case may be7 that the school or library believes do not have access to equipment described in subsection 7c71 do not have access to advanced telecommunications and information services1 or have access to neither equipment described in subsection 7c7 nor advanced telecommunications and information services1 at the residences of such students and staff or patrons4 7e7 ,permissible uses of equipment ,the ,commission shall provide in the regulations required by subsection 7a7 that1 in the case of a school or library that purchases equipment described in subsection 7c7 using support received under such regulations1 such school or library-- 7#a7 may use such equipment for such purposes as such school or library considers appropriate1 subject to any restrictions provided in such regulations 7or any successor regulation72 and 7#b7 may not sell or otherwise transfer such equipment in exchange for any thing 7including a service7 of value1 except that such school or library may exchange such equipment for upgraded equipment of the same type4 7f7 ,rule of construction ,nothing in this section shall be construed to affect any authority the ,commission may have under section #bed7;h77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#a77;,b77 to allow support under such section to be used for the purposes described in subsection 7a7 other than as required by such subsection4 7g7 ,part #ed regulations ,nothing in this section shall be construed to prevent the ,commission from providing that the regulations in part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 shall apply in whole or in part to support provided under the regulations required by subsection 7a71 shall not apply in whole or in part to such support1 or shall be modified in whole or in part for purposes of application to such support4 7h7 ,connectivity ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,connectivity ,fund4 7#b7 ,appropriation ,there are appropriated to the ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#c7 ,use of funds ,amounts in the ,connectivity ,fund shall be available to the ,commission to provide support under the regulations required by subsection 7a74 7#d7 ,relationship to universal service contributions ,support provided under the regulations required by subsection 7a7 shall be provided from amounts made available under paragraph 7#c7 and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d774 7i7 ,definitions ,in this section3 7#a7 ,advanced telecommunications and information services ,the term advanced telecommunications and information services means advanced telecommunications and information services1 as such term is used in section #bed7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h774 7#b7 ,connected device ,the term connected device means a laptop computer1 tablet computer1 or similar device that is capable of connecting to advanced telecommunications and information services4 7#c7 ,library ,the term library includes a library consortium4 7#d7 ,tribal land ,the term ,tribal land means-- 7,a7 any land located within the boundaries of-- 7i7 an ,indian reservation1 pueblo1 or rancheria2 or 7ii7 a former reservation within ,oklahoma2 7,b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community2 7,c7 any land located within a region established pursuant to section #g7;a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;a772 7,d7 ,hawaiian ,home ,lands1 as defined in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba72 or 7,e7 those areas or communities designated by the ,assistant ,secretary of ,indian ,affairs of the ,department of the ,interior that are near1 adjacent1 or contiguous to reservations where financial assistance and social service programs are provided to ,indians because of their status as ,indians4 7#e7 ,wi-,fi ,the term ,wi-,fi means a wireless networking protocol based on ,institute of ,electrical and ,electronics ,engineers standard #hjb4aa 7or any successor standard74 7#f7 ,wi-,fi hotspot ,the term ,wi-,fi hotspot means a device that is capable of-- 7,a7 receiving mobile advanced telecommunications and information services2 and 7,b7 sharing such services with another device through the use of ,wi-,fi4 ,b ,broadband ,transparency #cabja4 ,definitions ,in this subtitle3 7#a7 ,broadband internet access service ,the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,fixed wireless broadband ,the term fixed wireless broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of radio1 such as by the use of unlicensed spectrum4 7#c7 ,mobile broadband ,the term mobile broadband-- 7,a7 means broadband internet access service that serves end users primarily using mobile stations2 7,b7 includes services that use smartphones or mobile network-enabled tablets as the primary endpoints for connection to the internet2 and 7,c7 includes mobile satellite broadband internet access services4 7#d7 ,provider ,the term provider means a provider of fixed or mobile broadband internet access service4 7#e7 ,satellite broadband ,the term satellite broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of orbital satellites4 7#f7 ,terrestrial fixed broadband ,the term terrestrial fixed broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by wired technology such as cable1 ,,dsl1 and fiber4 #cabjb4 ,broadband transparency 7a7 ,rules 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall issue final rules that include a requirement for the annual collection by the ,commission of data relating to the price and subscription rates of terrestrial fixed broadband1 fixed wireless broadband1 satellite broadband1 and mobile broadband4 7#b7 ,updates ,not later than #ij days after the date on which rules are issued under paragraph 7#a71 and when determined to be necessary by the ,commission thereafter1 the ,commission shall revise such rules to verify the accuracy of data submitted pursuant to such rules4 7#c7 ,redundancy avoidance ,nothing in this section shall be construed to require the ,commission1 in order to meet a requirement of this section1 to duplicate an activity that the ,commission is undertaking as of the date of the enactment of this ,act1 if the ,commission refers to such activity in the rules issued under paragraph 7#a71 such activity meets the requirements of this section1 and the ,commission discloses such activity to the public4 7b7 ,content of rules ,the rules issued by the ,commission under subsection 7a77#a7 shall require the ,commission to collect from each provider of terrestrial fixed broadband1 fixed wireless broadband1 mobile broadband1 or satellite broadband1 data that includes-- 7#a7 either the weighted average of the monthly prices charged to subscribed households within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service1 including mandatory equipment charges1 usage-based fees1 and fees for early termination of required contracts1 or the monthly price charged to each subscribed household1 including such charges and fees2 7#b7 either the mean monthly price within the duration of subscription contracts offered within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service1 including mandatory equipment charges1 usage-based fees1 and fees for early termination of required contracts1 or the mean monthly price within the duration of subscription contracts offered to each household1 including such charges and fees2 7#c7 either the subscription rate within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service1 or information regarding the subscription status of each household to which a subscription is offered2 7#d7 data necessary to demonstrate the actual price paid by subscribers of broadband internet access service at each tier for such service in a manner that-- 7,a7 takes into account any discounts 7or similar price concessions72 and 7,b7 identifies any additional taxes and fees 7including for the use of equipment related to the use of a subscription for such service71 any monthly data usage limitation at the stated price1 and the extent to which the price of the service reflects inclusion within a product bundle2 and 7#e7 data necessary to assess the resiliency of the broadband internet access service network in the event of a natural disaster or emergency4 7c7 ,technical assistance ,the ,commission shall provide technical assistance to small providers 7as defined by the ,commission7 of broadband internet access service1 to ensure such providers can fulfill the requirements of this section4 #cabjc4 ,distribution of data 7a7 ,availability of data ,subject to subsection 7b71 the ,commission shall make all data relating to broadband internet access service collected under rules required by this subtitle available in a commonly used electronic format to-- 7#a7 other ,federal agencies1 including the ,national ,telecommunications and ,information ,administration1 to assist that agency in conducting the study required by section #caajb7;c72 7#b7 a broadband office1 public utility commission1 broadband mapping program1 or other broadband program of a ,state1 in the case of data pertaining to the needs of that ,state2 7#c7 a unit of local government1 in the case of data pertaining to the needs of that locality2 and 7#d7 an individual or organization conducting research for noncommercial purposes or public interest purposes4 7b7 ,protection of data 7#a7 ,in general ,the ,commission may not share any data described in subsection 7a7 with an entity or individual described in that subsection unless the ,commission has determined that the receiving entity or individual has the capability and intent to protect any personally identifiable information contained in the data4 7#b7 ,determination of personally identifiable information ,the ,commission-- 7,a7 shall define the term personally identifiable information1 for purposes of paragraph 7#a71 through notice and comment rulemaking2 and 7,b7 may not share any data under subsection 7a7 before completing the rulemaking under subparagraph 7,a74 7c7 ,balancing access and protection ,if the ,commission is unable to determine under subsection 7b77#a7 that an entity or individual requesting access to data under subsection 7a7 has the capability to protect personally identifiable information contained in the data1 the ,commission shall make as much of the data available as possible in a format that does not compromise personally identifiable information1 through methods such as anonymization4 #cabjd4 ,coordination with certain other ,federal agencies ,section #hjd7;b77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdd7;b77#b771 as added by the ,broadband ,,data ,act 7,public ,law #aaf-acj71 is amended-- 7#a7 in subparagraph 7,a77ii71 by striking the semicolon at the end and inserting 2 and2 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 coordinate with the ,postmaster ,general1 the heads of other ,federal agencies that operate delivery fleet vehicles1 and the ,director of the ,bureau of the ,census for assistance with data collection whenever coordination could feasibly yield more specific geographic data4 2 and 7#c7 by striking subparagraph 7,c74 #cabje4 ,broadband consumer labels 7a7 ,rules ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall issue final rules to promote and incentivize widespread adoption of the broadband consumer labels referred to in the ,public ,notice of the ,commission released on ,april #d1 #bjaf 7,,da #af-ceg74 7b7 ,hearings ,the ,commission shall conduct a series of public hearings in the rulemaking proceeding required by subsection 7a7 to assess how consumers currently evaluate internet service plans and whether existing disclosures are available1 effective1 and sufficient4 #cabjf4 ,appropriation for ,broadband ,,data ,act ,there are appropriated to the ,commission1 out of any money in the ,treasury not otherwise appropriated1 #bd1jjj1jjj to carry out title ,,viii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fda et seq471 as added by the ,broadband ,,data ,act 7,public ,law #aaf-acj71 for fiscal year #bjba1 to remain available until expended4 #cabjg4 ,,gao report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,committee on ,agriculture of the ,house of ,representatives1 the ,committee on ,transportation and ,infrastructure of the ,house of the ,representatives1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate1 a report that evaluates the process used by the ,commission for establishing1 reviewing1 and updating the upload and download broadband internet access speed thresholds1 including-- 7#a7 how the ,commission reviews and updates broadband internet access speed thresholds2 7#b7 whether the ,commission considers future broadband internet access speed needs when establishing broadband internet access speed thresholds1 including whether the ,commission considers the need1 or the anticipated need1 for higher upload or download broadband internet access speeds in the five-year period and the ten-year period after the date on which a broadband speed threshold is to be established2 and 7#c7 how the ,commission considers the impacts of changing uses of the internet in establishing1 reviewing1 or updating broadband internet access speed thresholds1 including-- 7,a7 the proliferation of internet-based business2 7,b7 working remotely and running a business from home2 7,c7 video teleconferencing2 7,d7 distance learning2 7,e7 in-house web hosting2 and 7,f7 cloud data storage4 ,c ,broadband ,access #a ,expansion of ,broadband ,access #cacja4 ,expansion of broadband access in unserved areas and areas with low-tier or mid-tier service ,title ,,vii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following new section3 #gbc4 ,expansion of broadband access in unserved areas and areas with low-tier or mid-tier service 7a7 ,program established ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in consultation with the ,assistant ,secretary1 shall establish a program to expand access to broadband service for unserved areas1 areas with low-tier service1 areas with mid-tier service1 and unserved anchor institutions in accordance with the requirements of this section that-- 7#a7 is separate from any universal service program established pursuant to section #bed2 and 7#b7 does not require funding recipients to be designated as eligible telecommunications carriers under section #bad7;e74 7b7 ,use of program funds 7#a7 ,expanding access to broadband service through national system of competitive bidding ,not later than #ah months after the date of the enactment of this section1 the ,commission shall award #ge percent of the amounts appropriated under subsection 7g7 through national systems of competitive bidding to funding recipients only to expand access to broadband service in unserved areas and areas with low-tier service4 7#b7 ,expanding access to broadband service through ,states 7,a7 ,distribution of funds to ,states ,not later than #bee days after the date of the enactment of this section1 the ,commission shall distribute #be percent of the amounts appropriated under subsection 7g7 among the ,states1 in direct proportion to the population of each ,state4 7,b7 ,public notice ,not later than #aie days after the date of the enactment of this section1 the ,commission shall issue a public notice informing each ,state and the public of the amounts to be distributed under this paragraph4 ,the notice shall include-- 7i7 the manner in which a ,state shall inform the ,commission of that ,state's acceptance or acceptance in part of the amounts to be distributed under this paragraph2 7ii7 the date 7which is #cj days after the date on which the public notice is issued7 by which such acceptance or acceptance in part is due2 and 7iii7 the requirements as set forth under this section and as may be further prescribed by the ,commission4 7,c7 ,acceptance by ,states ,not later than #cj days after the date on which a public notice is issued under subparagraph 7,b71 each ,state accepting amounts to be distributed under this paragraph shall inform the ,commission of the acceptance or acceptance in part by the ,state of the amounts to be distributed under this paragraph in the manner described by the ,commission in the public notice4 7,d7 ,requirements for ,state receipt of amounts distributed ,each ,state accepting amounts distributed under this paragraph-- 7i7 shall only award such amounts through statewide systems of competitive bidding1 in the manner prescribed by the ,state but subject to the requirements as set forth under this section and as may be further prescribed by the ,commission2 7ii7 shall make such awards only-- 7,i7 to funding recipients to expand access to broadband service in unserved areas and areas with low-tier service2 7,,ii7 to funding recipients to expand access to broadband service to unserved anchor institutions2 or 7,,iii7 to funding recipients to expand access to broadband service in areas with mid-tier service1 but only if a ,state does not have1 or no longer has1 any unserved areas or areas with low-tier service2 7iii7 shall conduct separate systems of competitive bidding for awards made to unserved anchor institutions under clause 7ii77,,ii71 if a ,state awards any amounts distributed under this paragraph to unserved anchor institutions2 7iv7 shall return any unused portion of amounts distributed under this paragraph to the ,commission within #aj years after the date of the enactment of this section and shall submit a certification to the ,commission before receiving such amounts that the ,state will return such amounts2 and 7v7 may not use more than #e percent of the amounts distributed under this paragraph to administer a system or systems of competitive bidding authorized by this paragraph4 7#c7 ,coordination of ,federal and ,state funding ,the ,commission1 in consultation with the ,office of ,internet ,connectivity and ,growth1 shall establish processes through the rulemaking under subsection 7e7 to-- 7,a7 enable ,states to conduct statewide systems of competitive bidding as part of1 or in coordination with1 national systems of competitive bidding2 7,b7 assist ,states in conducting statewide systems of competitive bidding2 7,c7 ensure that program funds awarded by the ,commission and program funds awarded by the ,states are not used in the same areas2 and 7,d7 ensure that program funds and funds awarded through other ,federal programs to expand broadband service with a download speed of at least #ajj megabits per second1 an upload speed of at least #ajj megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications1 are not used in the same areas4 7c7 ,program requirements 7#a7 ,technology neutrality required ,the entity administering a system of competitive bidding 7either a ,state or the ,commission7 in making awards may not favor a project using any particular technology4 7#b7 ,gigabit performance funding ,the ,commission shall reserve #bj percent of the amounts to be awarded by the ,commission under subsection 7b77#a71 and each ,state shall reserve #bj percent of the amounts distributed to such ,state under subsection 7b77#b71 for bidders committing 7with respect to any particular project by such a bidder7 to offer1 not later than the date that is #e years after the date on which funding is provided under this section for such project1 broadband service with a download speed of at least #a gigabit per second and an upload speed of at least #a gigabit per second or1 in the case of a project to provide broadband service to an unserved anchor institution1 broadband service with a download speed of at least #aj gigabits per second per #a1jjj users and an upload speed of at least #aj gigabits per second per #a1jjj users4 7#c7 ,system of competitive bidding process ,the entity administering a system of competitive bidding 7either a ,state or the ,commission7 shall structure the system of competitive bidding process to-- 7,a7 first hold a system of competitive bidding only for bidders committing 7with respect to any particular project by such a bidder7 to offer1 not later than the date that is #e years after the date on which funding is provided under this section for such project1 broadband service with a download speed of at least #a gigabit per second and an upload speed of at least #a gigabit per second or1 in the case of a project to provide broadband service to an unserved anchor institution1 broadband service with a download speed of at least #aj gigabits per second per #a1jjj users and an upload speed of at least #aj gigabits per second per #a1jjj users2 and 7,b7 after holding the system of competitive bidding required by subparagraph 7,a71 hold one or more systems of competitive bidding1 in areas not receiving awards under subparagraph 7,a71 to award funds for projects in areas that are estimated to remain unserved areas1 areas with low-tier service1 or 7to the extent permitted under this section7 areas with mid-tier service1 or 7to the extent permitted under this section7 for projects to offer broadband service to anchor institutions that are estimated to remain unserved anchor institutions1 after the completion of the projects for which funding is awarded under the system of competitive bidding required by subparagraph 7,a7 or any previous system of competitive bidding under this subparagraph4 7#d7 ,funds priority preference ,there shall be a preference in a system of competitive bidding for projects that would expand access to broadband service in areas where at least #ij percent of the population has no access to broadband service or does not have access to broadband service offered with a download speed of at least #be megabits per second1 with an upload speed of at least #c megabits per second1 and with latency that is sufficiently low to allow real-time1 interactive applications4 ,such projects shall be given priority in such system of competitive bidding over all other projects1 regardless of how many preferences under paragraph 7#e7 for which such other projects qualify4 7#e7 ,funds preference ,there shall be a preference in a system of competitive bidding1 as determined by the entity administering the system of competitive bidding 7either a ,state or the ,commission71 for any of the following projects3 7,a7 ,projects with at least #bj percent matching funds from non-,federal sources4 7,b7 ,projects that would expand access to broadband service on ,tribal lands1 as defined by the ,commission4 7,c7 ,projects that would provide broadband service with higher speeds than those specified in subsection 7d77#b71 except in the case of funds awarded under subparagraph 7,a7 of paragraph 7#c74 7,d7 ,projects that would expand access to broadband service in advance of the time specified in subsection 7e77#e71 except in the case of funds awarded under subparagraph 7,a7 of paragraph 7#c74 7,e7 ,projects that would expand access to broadband service to persistent poverty counties or high-poverty areas at subsidized rates4 7,f7 ,projects that1 at least until the date that is #aj years after the date of the enactment of this section1 would provide broadband service with comparable speeds to those provided in areas that1 on the day before such date of enactment1 were not unserved areas1 areas with low-tier service1 or areas with mid-tier service1 with minimal future investment4 7,g7 ,projects that would provide broadband service consistent with consumer preferences based on data and analysis conducted by the ,commission4 7,h7 ,projects that would provide for the deployment of open-access broadband service networks4 7#f7 ,unserved areas and areas with low-tier or mid-tier service ,in determining whether an area is an unserved area1 an area with low-tier service1 or an area with mid-tier service or whether an anchor institution is an unserved anchor institution for any system of competitive bidding authorized under this section1 the ,commission shall implement the following requirements through the rulemaking described in subsection 7e73 7,a7 ,data for initial determination ,to make an initial determination as to whether an area is an unserved area1 an area with low-tier service1 or an area with mid-tier service or whether an anchor institution is an unserved anchor institution1 the ,commission shall-- 7i7 use the most accurate and granular data on the map created by the ,commission under section #hjb7;c77#a77;,b72 7ii7 refine the data described in clause 7i7 by using-- 7,i7 other data on access to broadband service obtained or purchased by the ,commission2 7,,ii7 other publicly available data or information on access to broadband service2 and 7,,iii7 other publicly available data or information on ,state broadband service deployment programs2 and 7iii7 not determine an area is not an unserved area1 an area with low-tier service1 or an area with mid-tier service on the basis that one location within such area does not meet the definition of an unserved area1 an area with low-tier service1 or an area with mid-tier service4 7,b7 ,initial determination ,the ,commission shall make an initial determination of the areas that are unserved areas1 areas with low-tier service1 and areas with mid-tier service and which anchor institutions are unserved anchor institutions not later than #bgj days after the date of the enactment of this section4 7,c7 ,challenge of determination 7i7 ,in general ,the ,commission shall provide for a process for challenging any initial determination regarding whether an area is an unserved area1 an area with low-tier service1 or an area with mid-tier service or whether an anchor institution is an unserved anchor institution that1 at a minimum1 provides not less than #de days for a person to voluntarily submit information concerning-- 7,i7 the broadband service offered in the area1 or a commitment to offer broadband service in the area that is subject to legal sanction if not performed2 or 7,,ii7 the broadband service offered to the anchor institution4 7ii7 ,streamlined process ,the ,commission shall ensure that such process is sufficiently streamlined such that a reasonably prudent person may easily participate to challenge such initial determination with little burden on such person4 7,d7 ,final determination ,the ,commission shall make a final determination of the areas that are unserved areas1 areas with low-tier service1 or areas with mid-tier service and which anchor institutions are unserved anchor institutions within #a year after the date of the enactment of this section4 7#g7 ,notice1 transparency1 accountability1 and oversight required ,the program shall contain sufficient notice1 transparency1 accountability1 and oversight measures to provide the public with notice of the assistance provided under this section1 and to deter waste1 fraud1 and abuse of program funds4 7#h7 ,competence ,the program shall contain sufficient processes and requirements1 as established by an entity administering a system of competitive bidding 7either a ,state or the ,commission71 to ensure that1 prior to bidding in such system of competitive bidding1 a provider of broadband service seeking to participate in such system of competitive bidding-- 7,a7 is capable of carrying out the project in a competent manner in compliance with all applicable ,federal1 ,state1 and local laws2 7,b7 has the financial capacity to meet the buildout obligations of the project and requirements as set forth under this section and as may be further prescribed by the ,commission2 and 7,c7 has the technical and operational capability to provide broadband services in the manner contemplated by the provider's bid in the system of competitive bidding1 including a detailed consideration of the provider's prior performance in delivering services as contemplated in the bid and the capabilities of the provider's proposed network to deliver the contemplated services in the area in question4 7#i7 ,contracting requirements ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with assistance made available under 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this paragraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#aj7 ,rule of construction regarding environmental laws ,nothing in this section shall be construed to affect-- 7,a7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq42 commonly referred to as the ,clean ,water ,act72 7,c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,d7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,e7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq42 commonly referred to as the ,resource ,conservation and ,recovery ,act72 or 7,f7 any ,state or local law that is similar to a law listed in subparagraphs 7,a7 through 7,e74 7#aa7 ,referral of alleged violations of applicable ,federal labor and employment laws ,the ,commission shall refer any alleged violation of an applicable labor and employment law to the appropriate ,federal agency for investigation and enforcement1 and any alleged violation of paragraph 7#i7 or 7#ab7 to the ,national ,labor ,relations ,board for investigation and enforcement1 utilizing all appropriate remedies up to and including debarment from the program4 7#ab7 ,labor organization 7,a7 ,in general ,notwithstanding the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 subparagraphs 7,b7 through 7,f7 shall apply with respect to any funding recipient who is an employer and any labor organization who represents employees of a funding recipient4 7,b7 ,neutrality requirement ,an employer shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 7,c7 ,commencement of collective bargaining ,not later than #aj days after receiving a written request for collective bargaining from a labor organization that has been newly recognized or certified as a representative under section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a771 or within such further period as the parties agree upon1 the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7,d7 ,mediation and conciliation for failure to reach a collective bargaining agreement 7i7 ,in general ,if the parties have failed to reach an agreement before the date that is #ij days after the date on which bargaining is commenced under subparagraph 7,c71 or any later date agreed upon by both parties1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 7ii7 ,federal ,mediation and ,conciliation ,service ,whenever a request is received under clause 7i71 the ,director of the ,federal ,mediation and ,conciliation ,service shall promptly communicate with the parties and use best efforts1 by mediation and conciliation1 to bring them to agreement4 7,e7 ,tripartite arbitration panel 7i7 ,in general ,if the ,federal ,mediation and ,conciliation ,service is not able to bring the parties to agreement by mediation or conciliation before the date that is #cj days after the date on which such mediation or conciliation is commenced1 or any later date agreed upon by both parties1 the ,service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the ,service1 with one member selected by the labor organization1 one member selected by the employer1 and one neutral member mutually agreed to by the parties4 7ii7 ,dispute settlement ,a majority of the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of two years1 unless amended during such period by written consent of the parties4 ,such decision shall be based on-- 7,i7 the employer's financial status and prospects2 7,,ii7 the size and type of the employer's operations and business2 7,,iii7 the employees' cost of living2 7,,iv7 the employees' ability to sustain themselves1 their families1 and their dependents on the wages and benefits they earn from the employer2 and 7,v7 the wages and benefits that other employers in the same business provide their employees4 7,f7 ,prohibition on subcontracting for certain purposes ,a funding recipient may not engage in subcontracting for the purpose of circumventing the terms of a collective bargaining agreement with respect to wages1 benefits1 or working conditions4 7,g7 ,parties defined ,in this paragraph1 the term parties means a labor organization that is newly recognized or certified as a representative under section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a77 and the employer of the employees represented by such organization4 7d7 ,project requirements ,any project funded through the program shall meet the following requirements3 7#a7 ,the project shall adhere to quality-of-service standards as established by the ,commission4 7#b7 ,except as provided in paragraphs 7#b7 and 7#c7 of subsection 7c71 the project shall offer broadband service with a download speed of at least #ajj megabits per second1 an upload speed of at least #ajj megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications4 7#c7 ,the project shall offer broadband service at prices that are comparable to1 or lower than1 the prices charged for comparable levels of service in areas that were not unserved areas1 areas with low-tier service1 or areas with mid-tier service on the day before the date of the enactment of this section4 7#d7 ,for any project that involves laying fiber-optic cables along a roadway1 the project shall include interspersed conduit access points at regular and short intervals4 7#e7 ,the project shall incorporate prudent cybersecurity and supply chain risk management practices1 as specified by the ,commission through the rulemaking described in subsection 7e71 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,assistant ,secretary4 7#f7 ,the project shall incorporate best practices1 as defined by the ,commission1 for ensuring reliability and resiliency of the network during disasters4 7#g7 ,any funding recipient must agree to have the project meet the requirements established under section #bbd1 as if the project were classified as a utility under such section4 ,the preceding sentence shall not apply to those entities or persons excluded from the definition of the term utility by the second sentence of subsection 7a77#a7 of such section4 7#h7 ,the project shall offer an affordable option for a broadband service plan under which broadband service is provided-- 7,a7 with a download speed of at least #ej megabits per second2 7,b7 with an upload speed of at least #ej megabits per second2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7e7 ,rulemaking and distribution and award of funds ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in consultation with the ,assistant ,secretary1 shall promulgate rules-- 7#a7 that implement the requirements of this section1 as appropriate2 7#b7 that establish the design of and rules for the national systems of competitive bidding2 7#c7 that establish notice requirements for all systems of competitive bidding authorized under this section that1 at a minimum1 provide the public with notice of-- 7,a7 the initial determination of which areas are unserved areas1 areas with low-tier service1 or areas with mid-tier service2 7,b7 the final determination of which areas are unserved areas1 areas with low-tier service1 or areas with mid-tier service after the process for challenging the initial determination has concluded2 7,c7 which entities have applied to bid for funding2 and 7,d7 the results of any system of competitive bidding1 including identifying the funding recipients1 which areas each project will serve1 the nature of the service that will be provided by the project in each of those areas1 and how much funding the funding recipients will receive in each of those areas2 7#d7 that establish broadband service buildout milestones and periodic certification by funding recipients to ensure compliance with the broadband service buildout milestones for all systems of competitive bidding authorized under this section2 7#e7 that1 except as provided in paragraphs 7#b7 and 7#c7 of subsection 7c71 establish a maximum buildout timeframe of four years beginning on the date on which funding is provided under this section for a project2 7#f7 that establish periodic reporting requirements for funding recipients and that identify1 at a minimum1 the nature of the service provided in each area for any system of competitive bidding authorized under this section2 7#g7 that establish standard penalties for the noncompliance of funding recipients or projects with the requirements as set forth under this section and as may be further prescribed by the ,commission for any system of competitive bidding authorized under this section2 7#h7 that establish procedures for recovery of funds1 in whole or in part1 from funding recipients in the event of the default or noncompliance of the funding recipient or project with the requirements established under this section for any system of competitive bidding authorized under this section2 and 7#i7 that establish mechanisms to reduce waste1 fraud1 and abuse within the program for any system of competitive bidding authorized under this section4 7f7 ,reports required 7#a7 ,inspector general and comptroller general report ,not later than ,june #cj and ,december #ca of each year following the awarding of the first funds under the program1 the ,inspector ,general of the ,commission and the ,comptroller ,general of the ,united ,states shall submit to the ,committees on ,energy and ,commerce of the ,house of ,representatives and ,commerce1 ,science1 and ,transportation of the ,senate a report for the previous #f months that reviews the program4 ,such report shall include any recommendations to address waste1 fraud1 and abuse4 7#b7 ,state reports ,any ,state that receives funds under the program shall submit an annual report to the ,commission on how such funds were spent1 along with a certification of compliance with the requirements as set forth under this section and as may be further prescribed by the ,commission1 including a description of each service provided and the number of individuals to whom the service was provided4 7g7 ,appropriation ,there are appropriated to the ,commission1 out of any money in the ,treasury not otherwise appropriated1 #hj1jjj1jjj1jjj to carry out the program for fiscal year #bjba1 to remain available until expended4 7h7 ,definitions ,in this section3 7#a7 ,affordable option ,the term affordable option means1 with respect to a broadband service plan1 that broadband service is provided under such plan at a rate that is determined by the ,commission1 in coordination with the ,office of ,internet ,connectivity and ,growth1 to be affordable for a household with an income of #acf percent of the poverty threshold1 as determined by using criteria of poverty established by the ,bureau of the ,census1 for a four-person household that includes two dependents under the age of #ah4 7#b7 ,anchor institution ,the term anchor institution means a public or private school1 a library1 a medical or healthcare provider1 a museum1 a public safety entity1 a public housing agency 7as defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b7771 a community college1 an institution of higher education1 a religious organization1 or any other community support organization or agency4 7#c7 ,area ,the term area means the geographic unit of measurement with the greatest level of granularity reasonably feasible for the ,commission to use in making eligibility determinations under this section and in meeting the requirements and deadlines of this section4 7#d7 ,area with low-tier service ,the term area with low-tier service means an area where at least #ij percent of the population has access to broadband service offered-- 7,a7 with a download speed of at least #be megabits per second but less than #ajj megabits per second2 7,b7 with an upload speed of at least #be megabits per second but less than #ajj megabits per second2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7#e7 ,area with mid-tier service ,the term area with mid-tier service means an area where at least #ij percent of the population has access to broadband service offered-- 7,a7 with a download speed of at least #ajj megabits per second but less than #a gigabit per second2 7,b7 with an upload speed of at least #ajj megabits per second but less than #a gigabit per second2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7#f7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#g7 ,broadband service ,the term broadband service-- 7,a7 means broadband internet access service that is a mass-market retail service1 or a service provided to an anchor institution1 by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints1 including any capabilities that are incidental to and enable the operation of the communications service2 7,b7 includes any service that is a functional equivalent of the service described in subparagraph 7,a72 and 7,c7 does not include dial-up internet access service4 7#h7 ,collective bargaining ,the term collective bargaining means performance of the mutual obligation described in section #h7;d7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;d774 7#i7 ,collective bargaining agreement ,the term collective bargaining agreement means an agreement reach through collective bargaining4 7#aj7 ,funding recipient ,the term funding recipient means an entity that receives funding for a project under this section1 including a private entity1 public-private partnership1 cooperative1 or municipal broadband service provider4 7#aa7 ,high-poverty area ,the term high-poverty area means a census tract with a poverty rate of at least #bj percent1 as measured by the most recent #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census as of the year before the date of the enactment of this section4 ,in the case of a territory or possession of the ,united ,states in which no such data is collected from the ,american ,community ,survey of the ,bureau of the ,census as of the year before the date of the enactment of this section1 such term includes a census tract with a poverty rate of at least #bj percent1 as measured by the #bjaj ,island ,areas ,decennial ,census of the ,bureau of the ,census4 7#ab7 ,institution of higher education ,the term institution of higher education-- 7,a7 has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7,b7 includes a postsecondary vocational institution4 7#ac7 ,labor organization ,the term labor organization has the meaning given the term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#ad7 ,persistent poverty county ,the term persistent poverty county means any county with a poverty rate of at least #bj percent1 as determined in each of the #aiij and #bjjj decennial censuses and in the ,small ,area ,income and ,poverty ,estimates of the ,bureau of the ,census for the most recent year for which the ,estimates are available4 ,in the case of a territory or possession of the ,united ,states1 such term includes any county equivalent area in ,puerto ,rico with a poverty rate of at least #bj percent1 as determined in each of the #aiij and #bjjj decennial censuses and in the most recent #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census as of the year before the date of the enactment of this section1 or any other territory or possession of the ,united ,states with a poverty rate of at least #bj percent1 as determined in each of the #aiij1 #bjjj1 and #bjaj ,island ,areas ,decennial ,censuses of the ,bureau of the ,census4 7#ae7 ,postsecondary vocational institution ,the term postsecondary vocational institution has the meaning given the term in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c774 7#af7 ,program ,unless otherwise indicated1 the term program means the program established under subsection 7a74 7#ag7 ,project ,the term project means an undertaking by a funding recipient under this section to construct and deploy infrastructure for the provision of broadband service4 7#ah7 ,unserved anchor institution ,the term unserved anchor institution means an anchor institution that has no access to broadband service or does not have access to broadband service offered-- 7,a7 with a download speed of at least #a gigabit per second per #a1jjj users2 7,b7 with an upload speed of at least #a gigabit per second per #a1jjj users2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7#ai7 ,unserved area ,the term unserved area means an area where at least #ij percent of the population has no access to broadband service or does not have access to broadband service offered-- 7,a7 with a download speed of at least #be megabits per second2 7,b7 with an upload speed of at least #be megabits per second2 and 7,c7 with latency that is sufficiently low to allow real-time1 interactive applications4 4 #cacjb4 ,universal service in ,indian country and areas with high populations of ,indian people ,section #bed7;b77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;b77#c77 is amended by inserting and in ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code7 and areas with high populations of ,indian 7as defined in section #ai of the ,act of ,june #ah1 #aicd 7,chapter #egf2 #dh ,stat4 #ihh2 #be ,u4,s4,c4 #eabi77 people after high cost areas4 #b ,broadband ,infrastructure ,finance and ,innovation #cacba4 ,definitions ,in this chapter3 7#a7 ,,bifia program ,the term ,,bifia program means the broadband infrastructure finance and innovation program established under this chapter4 7#b7 ,broadband service ,the term broadband service-- 7,a7 means broadband internet access service that is a mass-market retail service1 or a service provided to an entity described in paragraph 7#aa77;,b77ii71 by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints1 including any capabilities that are incidental to and enable the operation of the communications service2 7,b7 includes any service that is a functional equivalent of the service described in subparagraph 7,a72 and 7,c7 does not include dial-up internet access service4 7#c7 ,eligible project costs ,the term eligible project costs means amounts substantially all of which are paid by1 or for the account of1 an obligor in connection with a project1 including the cost of-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 historic preservation review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 7,b7 construction and deployment phase activities1 including-- 7i7 construction1 reconstruction1 rehabilitation1 replacement1 and acquisition of real property 7including land relating to the project and improvements to land71 equipment1 instrumentation1 networking capability1 hardware and software1 and digital network technology2 7ii7 environmental mitigation2 and 7iii7 construction contingencies2 and 7,c7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction and deployment4 7#d7 ,federal credit instrument ,the term ,federal credit instrument means a secured loan1 loan guarantee1 or line of credit authorized to be made available under the ,,bifia program with respect to a project4 7#e7 ,investment-grade rating ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa#c1 bbb minus1 ,,bbb 7low71 or higher assigned by a rating agency to project obligations4 7#f7 ,lender ,the term lender means any non-,federal qualified institutional buyer 7as defined in section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or any successor regulation71 known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq4771 including-- 7,a7 a qualified retirement plan 7as defined in section #digd7;c7 of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer2 and 7,b7 a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer4 7#g7 ,letter of interest ,the term letter of interest means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the ,assistant ,secretary on the website of the ,,bifia program that-- 7,a7 describes the project and the location1 purpose1 and cost of the project2 7,b7 outlines the proposed financial plan1 including the requested credit assistance and the proposed obligor2 7,c7 provides a status of environmental review2 and 7,d7 provides information regarding satisfaction of other eligibility requirements of the ,,bifia program4 7#h7 ,line of credit ,the term line of credit means an agreement entered into by the ,assistant ,secretary with an obligor under section #cacbd to provide a direct loan at a future date upon the occurrence of certain events4 7#i7 ,loan guarantee ,the term loan guarantee means any guarantee or other pledge by the ,assistant ,secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender4 7#aj7 ,obligor ,the term obligor means a party that-- 7,a7 is primarily liable for payment of the principal of or interest on a ,federal credit instrument2 and 7,b7 may be a corporation1 company1 partnership1 joint venture1 trust1 or governmental entity1 agency1 or instrumentality4 7#aa7 ,project ,the term project means a project-- 7,a7 to construct and deploy infrastructure for the provision of broadband service2 and 7,b7 that the ,assistant ,secretary determines will-- 7i7 provide access or improved access to broadband service to consumers residing in areas of the ,united ,states that have no access to broadband service or do not have access to broadband service offered-- 7,i7 with a download speed of at least #ajj megabits per second2 7,,ii7 with an upload speed of at least #bj megabits per second2 and 7,,iii7 with latency that is sufficiently low to allow real-time1 interactive applications2 or 7ii7 provide access or improved access to broadband service to-- 7,i7 schools1 libraries1 medical and healthcare providers1 community colleges and other institutions of higher education1 museums1 religious organizations1 and other community support organizations and entities to facilitate greater use of broadband service by or through such organizations2 7,,ii7 organizations and agencies that provide outreach1 access1 equipment1 and support services to facilitate greater use of broadband service by low-income1 unemployed1 aged1 and otherwise vulnerable populations2 7,,iii7 job-creating strategic facilities located within a ,state-designated economic zone1 ,economic ,development ,district designated by the ,department of ,commerce1 ,empowerment ,zone designated by the ,department of ,housing and ,urban ,development1 or ,enterprise ,community designated by the ,department of ,agriculture2 or 7,,iv7 public safety agencies4 7#ab7 ,project obligation ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project1 other than a ,federal credit instrument4 7#ac7 ,public authority ,the term public authority means a ,federal1 ,state1 county1 town1 or township1 ,indian ,tribe1 municipal or other local government or instrumentality with authority to finance1 build1 operate1 or maintain infrastructure for the provision of broadband service4 7#ad7 ,rating agency ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7774 7#ae7 ,secured loan ,the term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the ,assistant ,secretary in connection with the financing of a project under section #cacbc4 7#af7 ,small project ,the term small project means a project having eligible project costs that are reasonably anticipated not to equal or exceed #bj1jjj1jjj4 7#ag7 ,subsidy amount ,the term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the ,federal ,government of a ,federal credit instrument-- 7,a7 calculated on a net present value basis2 and 7,b7 excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#ah7 ,substantial completion ,the term substantial completion means1 with respect to a project receiving credit assistance under the ,,bifia program-- 7,a7 the commencement of the provision of broadband service using the infrastructure being financed2 or 7,b7 a comparable event1 as determined by the ,assistant ,secretary and specified in the credit agreement4 #cacbb4 ,determination of eligibility and project selection 7a7 ,eligibility 7#a7 ,in general ,a project shall be eligible to receive credit assistance under the ,,bifia program if-- 7,a7 the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project2 and 7,b7 the project meets the criteria described in this subsection4 7#b7 ,creditworthiness 7,a7 ,in general ,except as provided in subparagraph 7,b71 to be eligible for assistance under the ,,bifia program1 a project shall satisfy applicable creditworthiness standards1 which1 at a minimum1 shall include-- 7i7 adequate coverage requirements to ensure repayment2 7ii7 an investment-grade rating from at least two rating agencies on debt senior to the ,federal credit instrument2 and 7iii7 a rating from at least two rating agencies on the ,federal credit instrument4 7,b7 ,small projects ,in order for a small project to be eligible for assistance under the ,,bifia program1 such project shall satisfy alternative creditworthiness standards that shall be established by the ,assistant ,secretary under section #cacbe for purposes of this paragraph4 7#c7 ,application ,a ,state1 local government1 agency or instrumentality of a ,state or local government1 public authority1 public-private partnership1 or any other legal entity undertaking the project and authorized by the ,assistant ,secretary shall submit a project application that is acceptable to the ,assistant ,secretary4 7#d7 ,eligible project cost parameters for infrastructure projects ,eligible project costs shall be reasonably anticipated to equal or exceed #b1jjj1jjj in the case of a project or program of projects-- 7,a7 in which the applicant is a local government1 instrumentality of local government1 or public authority 7other than a public authority that is a ,federal or ,state government or instrumentality72 7,b7 located on a facility owned by a local government2 or 7,c7 for which the ,assistant ,secretary determines that a local government is substantially involved in the development of the project4 7#e7 ,dedicated revenue sources ,the applicable ,federal credit instrument shall be repayable1 in whole or in part1 from-- 7,a7 amounts charged to-- 7i7 subscribers of broadband service for such service2 or 7ii7 subscribers of any related service provided over the same infrastructure for such related service2 7,b7 user fees2 7,c7 payments owing to the obligor under a public-private partnership2 or 7,d7 other dedicated revenue sources that also secure or fund the project obligations4 7#f7 ,applications where obligor will be identified later ,a ,state1 local government1 agency or instrumentality of a ,state or local government1 or public authority may submit to the ,assistant ,secretary an application under paragraph 7#c71 under which a private party to a public-private partnership will be-- 7,a7 the obligor2 and 7,b7 identified later through completion of a procurement and selection of the private party4 7#g7 ,beneficial effects ,the ,assistant ,secretary shall determine that financial assistance for the project under the ,,bifia program will-- 7,a7 foster1 if appropriate1 partnerships that attract public and private investment for the project2 7,b7 enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs 7including debt service costs7 of the project2 and 7,c7 reduce the contribution of ,federal grant assistance for the project4 7#h7 ,project readiness ,to be eligible for assistance under the ,,bifia program1 the applicant shall demonstrate a reasonable expectation that the contracting process for the construction and deployment of infrastructure for the provision of broadband service through the project can commence by no later than #ij days after the date on which a ,federal credit instrument is obligated for the project under the ,,bifia program4 7#i7 ,public sponsorship of private entities 7,a7 ,in general ,if an eligible project is carried out by an entity that is not a ,state or local government or an agency or instrumentality of a ,state or local government or a ,tribal ,government or consortium of ,tribal ,governments1 the project shall be publicly sponsored4 7,b7 ,public sponsorship ,for purposes of this chapter1 a project shall be considered to be publicly sponsored if the obligor can demonstrate1 to the satisfaction of the ,assistant ,secretary1 that the project applicant has consulted with the ,state1 local1 or ,tribal ,government in the area in which the project is located1 or that is otherwise affected by the project1 and that such ,government supports the proposal4 7b7 ,selection among eligible projects 7#a7 ,establishment of ,application process ,the ,assistant ,secretary shall establish a rolling application process under which projects that are eligible to receive credit assistance under subsection 7a7 shall receive credit assistance on terms acceptable to the ,assistant ,secretary1 if adequate funds are available to cover the subsidy costs associated with the ,federal credit instrument4 7#b7 ,preliminary rating opinion letter ,the ,assistant ,secretary shall require each project applicant to provide-- 7,a7 a preliminary rating opinion letter from at least one rating agency-- 7i7 indicating that the senior obligations of the project1 which may be the ,federal credit instrument1 have the potential to achieve an investment-grade rating2 and 7ii7 including a preliminary rating opinion on the ,federal credit instrument2 or 7,b7 in the case of a small project1 alternative documentation that the ,assistant ,secretary shall require in the standards established under section #cacbe for purposes of this paragraph4 7#c7 ,technology neutrality required ,in selecting projects to receive credit assistance under the ,,bifia program1 the ,assistant ,secretary may not favor a project using any particular technology4 7#d7 ,preference for open-access networks ,in selecting projects to receive credit assistance under the ,,bifia program1 the ,assistant ,secretary shall give preference to projects providing for the deployment of open-access broadband service networks4 7c7 ,federal requirements 7#a7 ,in general ,the following provisions of law shall apply to funds made available under the ,,bifia program and projects assisted with those funds3 7,a7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7,b7 ,the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 #ed ,u4,s4,c4 #cjjaja et seq4 7commonly referred to as the ,national ,historic ,preservation ,act74 7,d7 ,the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq474 7#b7 ,,nepa ,no funding shall be obligated for a project that has not received an environmental categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,title ,,vi of the ,civil ,rights ,act of #aifd ,for purposes of title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 any project that receives credit assistance under the ,,bifia program shall be considered a program or activity within the meaning of section #fjf of such title 7#db ,u4,s4,c4 #bjjj;d-#d;a74 7#d7 ,contracting requirements ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with assistance made available through a ,federal credit instrument 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this paragraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#e7 ,neutrality requirement ,an employer receiving assistance made available through a ,federal credit instrument under this chapter shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 7#f7 ,referral of alleged violations of applicable ,federal labor and employment laws ,the ,assistant ,secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate ,federal agency for investigation and enforcement1 and any alleged violation of paragraph 7#d7 or 7#e7 to the ,national ,labor ,relations ,board for investigation and enforcement1 utilizing all appropriate remedies up to and including debarment from the ,,bifia program4 7d7 ,application processing procedures 7#a7 ,notice of complete application ,not later than #cj days after the date of receipt of an application under this section1 the ,assistant ,secretary shall provide to the applicant a written notice to inform the applicant whether-- 7,a7 the application is complete2 or 7,b7 additional information or materials are needed to complete the application4 7#b7 ,approval or denial of application ,not later than #fj days after the date of issuance of the written notice under paragraph 7#a71 the ,assistant ,secretary shall provide to the applicant a written notice informing the applicant whether the ,assistant ,secretary has approved or disapproved the application4 7#c7 ,approval before ,,nepa review ,subject to subsection 7c77#b71 an application for a project may be approved before the project receives an environmental categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,development phase activities ,any credit instrument secured under the ,,bifia program may be used to finance up to #ajj percent of the cost of development phase activities as described in section #cacba7c77;,a74 #cacbc4 ,secured loans 7a7 ,in general 7#a7 ,agreements ,subject to paragraphs 7#b7 and 7#c71 the ,assistant ,secretary may enter into agreements with one or more obligors to make secured loans1 the proceeds of which shall be used-- 7,a7 to finance eligible project costs of any project selected under section #cacbb2 7,b7 to refinance interim construction financing of eligible project costs of any project selected under section #cacbb2 or 7,c7 to refinance long-term project obligations or ,federal credit instruments1 if the refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any project that-- 7i7 is selected under section #cacbb2 or 7ii7 otherwise meets the requirements of section #cacbb4 7#b7 ,limitation on refinancing of interim construction financing ,a loan under paragraph 7#a7 shall not refinance interim construction financing under paragraph 7#a77;,b7-- 7,a7 if the maturity of such interim construction financing is later than #a year after the substantial completion of the project2 and 7,b7 later than #a year after the date of substantial completion of the project4 7#c7 ,risk assessment ,before entering into an agreement under this subsection1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall determine an appropriate capital reserve subsidy amount for each secured loan1 taking into account each rating letter provided by a rating agency under section #cacbb7;b77#b77;,a77ii7 or1 in the case of a small project1 the alternative documentation provided under section #cacbb7;b77#b77;,b74 7b7 ,terms and limitations 7#a7 ,in general ,a secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,assistant ,secretary determines to be appropriate4 7#b7 ,maximum amount ,the amount of a secured loan under this section shall not exceed the lesser of #di percent of the reasonably anticipated eligible project costs or1 if the secured loan is not for a small project and does not receive an investment-grade rating1 the amount of the senior project obligations4 7#c7 ,payment ,a secured loan under this section-- 7,a7 shall-- 7i7 be payable1 in whole or in part1 from-- 7,i7 amounts charged to-- 7aa7 subscribers of broadband service for such service2 or 7bb7 subscribers of any related service provided over the same infrastructure for such related service2 7,,ii7 user fees2 7,,iii7 payments owing to the obligor under a public-private partnership2 or 7,,iv7 other dedicated revenue sources that also secure the senior project obligations2 and 7ii7 include a coverage requirement or similar security feature supporting the project obligations2 and 7,b7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#d7 ,interest rate ,the interest rate on a secured loan under this section shall be not less than the yield on ,united ,states ,treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement4 7#e7 ,maturity date ,the final maturity date of the secured loan shall be the lesser of-- 7,a7 #ce years after the date of substantial completion of the project2 and 7,b7 if the useful life of the infrastructure for the provision of broadband service being financed is of a lesser period1 the useful life of the infrastructure4 7#f7 ,nonsubordination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7,b7 ,preexisting indenture 7i7 ,in general ,the ,assistant ,secretary shall waive the requirement under subparagraph 7,a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture1 if-- 7,i7 the secured loan-- 7aa7 is rated in the ,a category or higher2 or 7bb7 in the case of a small project1 meets an alternative standard that the ,assistant ,secretary shall establish under section #cacbe for purposes of this subclause2 7,,ii7 the secured loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge or a system-backed pledge of project revenues2 and 7,,iii7 the ,,bifia program share of eligible project costs is #cc percent or less4 7ii7 ,limitation ,if the ,assistant ,secretary waives the nonsubordination requirement under this subparagraph-- 7,i7 the maximum credit subsidy to be paid by the ,federal ,government shall be not more than #aj percent of the principal amount of the secured loan2 and 7,,ii7 the obligor shall be responsible for paying the remainder of the subsidy cost1 if any4 7#g7 ,fees ,the ,assistant ,secretary may establish fees at a level sufficient to cover all or a portion of the costs to the ,federal ,government of making a secured loan under this section4 7#h7 ,non-federal share ,the proceeds of a secured loan under the ,,bifia program1 if the loan is repayable from non-,federal funds-- 7,a7 may be used for any non-,federal share of project costs required under this chapter2 and 7,b7 shall not count toward the total ,federal assistance provided for a project for purposes of paragraph 7#i74 7#i7 ,maximum federal involvement ,the total ,federal assistance provided for a project receiving a loan under the ,,bifia program shall not exceed #hj percent of the total project cost4 7c7 ,repayment 7#a7 ,schedule ,the ,assistant ,secretary shall establish a repayment schedule for each secured loan under this section based on-- 7,a7 the projected cash flow from project revenues and other repayment sources2 and 7,b7 the useful life of the infrastructure for the provision of broadband service being financed4 7#b7 ,commencement ,scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than #e years after the date of substantial completion of the project4 7#c7 ,deferred payments 7,a7 ,in general ,if1 at any time after the date of substantial completion of the project1 the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan1 the ,assistant ,secretary may1 subject to subparagraph 7,c71 allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan4 7,b7 ,interest ,any payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest in accordance with subsection 7b77#d7 until fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the loan4 7,c7 ,criteria 7i7 ,in general ,any payment deferral under subparagraph 7,a7 shall be contingent on the project meeting criteria established by the ,assistant ,secretary4 7ii7 ,repayment standards ,the criteria established pursuant to clause 7i7 shall include standards for reasonable assurance of repayment4 7#d7 ,prepayment 7,a7 ,use of excess revenues ,any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty4 7,b7 ,use of proceeds of refinancing ,the secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-,federal funding sources4 7d7 ,sale of secured loans 7#a7 ,in general ,subject to paragraph 7#b71 as soon as practicable after substantial completion of a project and after notifying the obligor1 the ,assistant ,secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the ,assistant ,secretary determines that the sale or reoffering can be made on favorable terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,assistant ,secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor4 7e7 ,loan guarantees 7#a7 ,in general ,the ,assistant ,secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the ,assistant ,secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan4 7#b7 ,terms ,the terms of a loan guarantee under paragraph 7#a7 shall be consistent with the terms required under this section for a secured loan1 except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender1 with the consent of the ,assistant ,secretary4 7f7 ,streamlined application process 7#a7 ,in general ,the ,assistant ,secretary shall develop one or more expedited application processes1 available at the request of entities seeking secured loans under the ,,bifia program1 that use a set or sets of conventional terms established pursuant to this section4 7#b7 ,terms ,in establishing the streamlined application process required by this subsection1 the ,assistant ,secretary may allow for an expedited application period and include terms such as those that require-- 7,a7 that the project be a small project2 7,b7 the secured loan to be secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge1 tax increment financing1 or a system-backed pledge of project revenues2 and 7,c7 repayment of the loan to commence not later than #e years after disbursement4 #cacbd4 ,lines of credit 7a7 ,in general 7#a7 ,agreements ,subject to paragraphs 7#b7 through 7#d71 the ,assistant ,secretary may enter into agreements to make available to one or more obligors lines of credit in the form of direct loans to be made by the ,assistant ,secretary at future dates on the occurrence of certain events for any project selected under section #cacbb4 7#b7 ,use of proceeds ,the proceeds of a line of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs1 extraordinary repair and replacement costs1 operation and maintenance expenses1 and costs associated with unexpected ,federal or ,state environmental restrictions4 7#c7 ,risk assessment 7,a7 ,in general ,except as provided in subparagraph 7,b71 before entering into an agreement under this subsection1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget and each rating agency providing a preliminary rating opinion letter under section #cacbb7;b77#b77;,a71 shall determine an appropriate capital reserve subsidy amount for each line of credit1 taking into account the rating opinion letter4 7,b7 ,small projects ,before entering into an agreement under this subsection to make available a line of credit for a small project1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall determine an appropriate capital reserve subsidy amount for each such line of credit1 taking into account the alternative documentation provided under section #cacbb7;b77#b77;,b7 instead of preliminary rating opinion letters provided under section #cacbb7;b77#b77;,a74 7#d7 ,investment-grade rating requirement ,the funding of a line of credit under this section shall be contingent on-- 7,a7 the senior obligations of the project receiving an investment-grade rating from #b rating agencies2 or 7,b7 in the case of a small project1 the project meeting an alternative standard that the ,assistant ,secretary shall establish under section #cacbe for purposes of this paragraph4 7b7 ,terms and limitations 7#a7 ,in general ,a line of credit under this section with respect to a project shall be on such terms and conditions and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,assistant ,secretary determines to be appropriate4 7#b7 ,maximum amounts ,the total amount of a line of credit under this section shall not exceed #cc percent of the reasonably anticipated eligible project costs4 7#c7 ,draws ,any draw on a line of credit under this section shall-- 7,a7 represent a direct loan2 and 7,b7 be made only if net revenues from the project 7including capitalized interest1 but not including reasonably required financing reserves7 are insufficient to pay the costs specified in subsection 7a77#b74 7#d7 ,interest rate ,the interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on #cj-year ,united ,states ,treasury securities1 as of the date of execution of the line of credit agreement4 7#e7 ,security ,a line of credit issued under this section-- 7,a7 shall-- 7i7 be payable1 in whole or in part1 from-- 7,i7 amounts charged to-- 7aa7 subscribers of broadband service for such service2 or 7bb7 subscribers of any related service provided over the same infrastructure for such related service2 7,,ii7 user fees2 7,,iii7 payments owing to the obligor under a public-private partnership2 or 7,,iv7 other dedicated revenue sources that also secure the senior project obligations2 and 7ii7 include a coverage requirement or similar security feature supporting the project obligations2 and 7,b7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#f7 ,period of availability ,the full amount of a line of credit under this section1 to the extent not drawn upon1 shall be available during the #aj-year period beginning on the date of substantial completion of the project4 7#g7 ,rights of third-party creditors 7,a7 ,against ,federal ,government ,a third-party creditor of the obligor shall not have any right against the ,federal ,government with respect to any draw on a line of credit under this section4 7,b7 ,assignment ,an obligor may assign a line of credit under this section to-- 7i7 one or more lenders2 or 7ii7 a trustee on the behalf of such a lender4 7#h7 ,nonsubordination 7,a7 ,in general ,except as provided in subparagraph 7,b71 a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7,b7 ,pre-existing indenture 7i7 ,in general ,the ,assistant ,secretary shall waive the requirement of subparagraph 7,a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture1 if-- 7,i7 the line of credit-- 7aa7 is rated in the ,a category or higher2 or 7bb7 in the case of a small project1 meets an alternative standard that the ,assistant ,secretary shall establish under section #cacbe for purposes of this subclause2 7,,ii7 the ,,bifia program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge or a system-backed pledge of project revenues2 and 7,,iii7 the ,,bifia program share of eligible project costs is #cc percent or less4 7ii7 ,limitation ,if the ,assistant ,secretary waives the nonsubordination requirement under this subparagraph-- 7,i7 the maximum credit subsidy to be paid by the ,federal ,government shall be not more than #aj percent of the principal amount of the secured loan2 and 7,,ii7 the obligor shall be responsible for paying the remainder of the subsidy cost4 7#i7 ,fees ,the ,assistant ,secretary may establish fees at a level sufficient to cover all or a portion of the costs to the ,federal ,government of providing a line of credit under this section4 7#aj7 ,relationship to other credit instruments ,a project that receives a line of credit under this section also shall not receive a secured loan or loan guarantee under section #cacbc in an amount that1 combined with the amount of the line of credit1 exceeds #di percent of eligible project costs4 7c7 ,repayment 7#a7 ,terms and conditions ,the ,assistant ,secretary shall establish repayment terms and conditions for each direct loan under this section based on-- 7,a7 the projected cash flow from project revenues and other repayment sources2 and 7,b7 the useful life of the infrastructure for the provision of broadband service being financed4 7#b7 ,timing ,all repayments of principal or interest on a direct loan under this section shall be scheduled-- 7,a7 to commence not later than #e years after the end of the period of availability specified in subsection 7b77#f72 and 7,b7 to conclude1 with full repayment of principal and interest1 by the date that is #be years after the end of the period of availability specified in subsection 7b77#f74 #cacbe4 ,alternative prudential lending standards for small projects ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall establish alternative1 streamlined prudential lending standards for small projects receiving credit assistance under the ,,bifia program to ensure that such projects pose no additional risk to the ,federal ,government1 as compared with projects that are not small projects4 #cacbf4 ,program administration 7a7 ,requirement ,the ,assistant ,secretary shall establish a uniform system to service the ,federal credit instruments made available under the ,,bifia program4 7b7 ,fees ,the ,assistant ,secretary may collect and spend fees1 contingent on authority being provided in appropriations ,acts1 at a level that is sufficient to cover-- 7#a7 the costs of services of expert firms retained pursuant to subsection 7d72 and 7#b7 all or a portion of the costs to the ,federal ,government of servicing the ,federal credit instruments4 7c7 ,servicer 7#a7 ,in general ,the ,assistant ,secretary may appoint a financial entity to assist the ,assistant ,secretary in servicing the ,federal credit instruments4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,assistant ,secretary4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,assistant ,secretary4 7d7 ,assistance from expert firms ,the ,assistant ,secretary may retain the services of expert firms1 including counsel1 in the field of municipal and project finance to assist in the underwriting and servicing of ,federal credit instruments4 7e7 ,expedited processing ,the ,assistant ,secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the ,,bifia program4 7f7 ,assistance to small projects ,of the amount appropriated under section #cacbi7;a71 and after the set-aside for administrative expenses under section #cacbi7;b71 not less than #bj percent shall be made available for the ,assistant ,secretary to use in lieu of fees collected under subsection 7b7 for small projects4 #cacbg4 ,state and local permits ,the provision of credit assistance under the ,,bifia program with respect to a project shall not-- 7#a7 relieve any recipient of the assistance of any obligation to obtain any required ,state or local permit or approval with respect to the project2 7#b7 limit the right of any unit of ,state or local government to approve or regulate any rate of return on private equity invested in the project2 or 7#c7 otherwise supersede any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #cacbh4 ,regulations ,the ,assistant ,secretary may promulgate such regulations as the ,assistant ,secretary determines to be appropriate to carry out the ,,bifia program4 #cacbi4 ,funding 7a7 ,appropriation ,there are appropriated to the ,assistant ,secretary1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj1jjj to carry out this chapter for fiscal year #bjba1 to remain available until expended4 7b7 ,administrative expenses ,of the amount appropriated under subsection 7a71 the ,assistant ,secretary may use not more than #e percent for the administration of the ,,bifia program4 #caccj4 ,reports to ,congress 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and every #b years thereafter1 the ,assistant ,secretary shall submit to ,congress a report summarizing the financial performance of the projects that are receiving1 or have received1 assistance under the ,,bifia program1 including a recommendation as to whether the objectives of the ,,bifia program are best served by-- 7#a7 continuing the program under the authority of the ,assistant ,secretary2 or 7#b7 establishing a ,federal corporation or federally sponsored enterprise to administer the program4 7b7 ,application process report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,assistant ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that includes a list of all of the letters of interest and applications received for assistance under the ,,bifia program during the preceding fiscal year4 7#b7 ,inclusions 7,a7 ,in general ,each report under paragraph 7#a7 shall include1 at a minimum1 a description of1 with respect to each letter of interest and application included in the report-- 7i7 the date on which the letter of interest or application was received2 7ii7 the date on which a notification was provided to the applicant regarding whether the application was complete or incomplete2 7iii7 the date on which a revised and completed application was submitted 7if applicable72 7iv7 the date on which a notification was provided to the applicant regarding whether the project was approved or disapproved2 and 7v7 if the project was not approved1 the reason for the disapproval4 7,b7 ,correspondence ,each report under paragraph 7#a7 shall include copies of any correspondence provided to the applicant in accordance with section #cacbb7;d74 #c ,wi-,fi on ,school ,buses #cacda4 ,e-rate support for school bus ,wi-,fi 7a7 ,rulemaking 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall commence a rulemaking to make the provision of ,wi-,fi access on school buses eligible for support under the ,e-rate program of the ,commission set forth under subpart ,f of part #ed of title #dg1 ,code of ,federal ,regulations4 7#b7 ,eligible recipients ,notwithstanding section #bed7;h77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;h77#a77;,b771 the ,commission shall provide in the rulemaking under paragraph 7#a7 for ,state educational agencies1 educational service agencies1 and local educational agencies to be eligible to receive the support described in such paragraph4 7b7 ,definitions ,in this section3 7#a7 ,school bus ,the term school bus means a passenger motor vehicle that is-- 7,a7 designed to carry a driver and not less than five passengers2 and 7,b7 used significantly to transport-- 7i7 children enrolled in an early childhood education program to or from such program or an event related to such program2 or 7ii7 students enrolled in an elementary school or secondary school to or from such school or an event related to such school4 7#b7 ,terms defined in ,elementary and ,secondary ,education ,act of #aife ,the terms early childhood education program1 educational service agency1 elementary school1 local educational agency1 secondary school1 and ,state educational agency have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 ,d ,community ,broadband #cadja4 ,state1 local1 public-private partnership1 and co-op broadband services ,section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e7 and inserting after subsection 7c7 the following3 7d7 ,state1 local1 public-,private partnership1 and co-,op advanced telecommunications capability and services 7#a7 ,in general ,no ,state statute1 regulation1 or other ,state legal requirement may prohibit or have the effect of prohibiting any public provider1 public-private partnership provider1 or cooperatively organized provider from providing1 to any person or any public or private entity1 advanced telecommunications capability or any service that utilizes the advanced telecommunications capability provided by such provider4 7#b7 ,antidiscrimination safeguards 7,a7 ,public providers ,to the extent any public provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability1 such public provider shall apply its ordinances and rules without discrimination in favor of itself or any provider that it owns of services that utilize advanced telecommunications capability4 7,b7 ,public-private partnership providers ,to the extent any ,state or local entity that is part of a public-private partnership provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability1 such ,state or local entity shall apply its ordinances and rules without discrimination in favor of such public-private partnership provider or any provider that such ,state or local entity or public-private partnership provider owns of services that utilize advanced telecommunications capability4 7#c7 ,savings clause ,nothing in this subsection shall exempt a public provider1 public-private partnership provider1 or cooperatively organized provider from any ,federal or ,state telecommunications law or regulation that applies to all providers of advanced telecommunications capability or services that utilize such advanced telecommunications capability4 2 and 7#b7 in subsection 7e71 as redesignated-- 7,a7 in the matter preceding paragraph 7#a71 by striking this subsection and inserting this section2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,cooperatively organized provider ,the term cooperatively organized provider means an entity that is treated as a cooperative under ,federal tax law and that provides advanced telecommunications capability1 or any service that utilizes such advanced telecommunications capability1 to any person or public or private entity4 2 and 7,d7 by adding at the end the following3 7#d7 ,public provider ,the term public provider means a ,state or local entity that provides advanced telecommunications capability1 or any service that utilizes such advanced telecommunications capability1 to any person or public or private entity4 7#e7 ,public-private partnership provider ,the term public-private partnership provider means a public-private partnership1 between a ,state or local entity and a private entity1 that provides advanced telecommunications capability1 or any service that utilizes such advanced telecommunications capability1 to any person or public or private entity4 7#f7 ,state or local entity ,the term ,state or local entity means a ,state or political subdivision thereof1 any agency1 authority1 or instrumentality of a ,state or political subdivision thereof1 or an ,indian tribe 7as defined in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e7774 4 ,e ,repeal of ,rule and ,prohibition on ,use of ,,nprm #caeja4 ,repeal of rule and prohibition on use of ,,nprm 7a7 ,repeal of rule ,the ,fourth ,report and ,order1 ,order on ,reconsideration1 ,memorandum ,opinion and ,order1 ,notice of ,proposed ,rulemaking1 and ,notice of ,inquiry in the matter of bridging the digital divide for low-income consumers1 lifeline and link up reform and modernization1 telecommunications carriers eligible for universal service support that was adopted by the ,commission on ,november #af1 #bjag 7,,fcc #ag-aee7 shall have no force or effect4 7b7 ,rulemaking in reliance on universal service contribution methodology ,,nprm prohibited ,beginning on the date of the enactment of this ,act1 the ,commission may not rely on the ,notice of ,proposed ,rulemaking in the matter of universal service contribution methodology that was adopted by the ,commission on ,may #ae1 #bjai 7,,fcc #ai-df71 to satisfy the requirements of section #eec of title #e1 ,united ,states ,code1 for adopting1 amending1 revoking1 or otherwise modifying any rule 7as defined in section #eea of such title7 of the ,commission4 7c7 ,repeal of ,declaratory ,ruling and prohibition on use of ,,nprm ,the ,notice of ,proposed ,rulemaking and ,declaratory ,ruling in the matter of improving competitive broadband access to multiple tenant environments and petition for preemption of ,article #eb of the ,san ,francisco ,police ,code filed by the ,multifamily ,broadband ,council that was adopted by the ,commission on ,july #aj1 #bjai 7,,fcc #ai-fe71 shall have no force or effect and the ,commission may not rely on such ,notice of ,proposed ,rulemaking to satisfy the requirements of section #eec of title #e1 ,united ,states ,code1 for adopting1 amending1 revoking1 or otherwise modifying any rule 7as defined in section #eea of such title7 of the ,commission4 ,f ,next ,generation #i-a-a #cafja4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the #i-a-a professionals in the ,united ,states perform important and lifesaving work every day1 and need the tools and communications technologies to perform the work effectively in a world with digital communications technologies2 7#b7 the transition from the legacy communications technologies used in the #i-a-a systems of the ,united ,states to ,next ,generation #i-a-a is a national priority and a national imperative2 7#c7 the ,united ,states should complete the transition described in paragraph 7#b7 as soon as practicable2 7#d7 the ,united ,states should develop a nationwide framework that facilitates cooperation among ,federal1 ,state1 and local officials on deployment of ,next ,generation #i-a-a in order to meet that goal2 7#e7 the term ,public ,safety ,answering ,point becomes outdated in a broadband environment and #i-a-a centers are increasingly and appropriately being referred to as emergency communications centers2 and 7#f7 #i-a-a authorities and emergency communications centers should have sufficient resources to implement ,next ,generation #i-a-a1 including resources to support associated geographic information systems 7commonly known as ,,gis71 and cybersecurity measures4 #cafjb4 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 ,next ,generation #i-a-a should be technologically and competitively neutral2 7#b7 ,next ,generation #i-a-a should be interoperable2 7#c7 the governance and control of the #i-a-a systems of the ,united ,states1 including ,next ,generation #i-a-a1 should remain at the ,state1 regional1 and local level2 and 7#d7 individuals in the ,united ,states should receive information on how to best utilize ,next ,generation #i-a-a and on its capabilities and usefulness4 #cafjc4 ,coordination of ,next ,generation #i-a-a ,implementation ,part ,c of title ,i of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ija et seq47 is amended by adding at the end the following3 #aei4 ,coordination of ,next ,generation #i-a-a ,implementation 7a7 ,additional ,functions of #i-a-a ,implementation ,coordination ,office 7#a7 ,authority ,the ,office shall implement the provisions of this section4 7#b7 ,management plan 7,a7 ,development ,the ,assistant ,secretary and the ,administrator shall develop and may modify a management plan for the grant program established under this section1 including by developing-- 7i7 plans related to the organizational structure of such program2 and 7ii7 funding profiles for each fiscal year of the duration of such program4 7,b7 ,submission to ,congress ,not later than #ij days after the date of the enactment of this section or #ij days after the date on which the plan is modified1 as applicable1 the ,assistant ,secretary and the ,administrator shall submit the management plan developed under subparagraph 7,a7 to-- 7i7 the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate2 and 7ii7 the ,committees on ,energy and ,commerce and ,appropriations of the ,house of ,representatives4 7#c7 ,purpose of office ,the ,office shall-- 7,a7 take actions1 in concert with coordinators designated in accordance with subsection 7b77#c77;,a77ii71 to improve coordination and communication with respect to the implementation of ,next ,generation #i-a-a2 7,b7 develop1 collect1 and disseminate information concerning practices1 procedures1 and technology used in the implementation of ,next ,generation #i-a-a2 7,c7 advise and assist eligible entities in the preparation of implementation plans required under subsection 7b77#c77;,a77iii72 7,d7 receive1 review1 and recommend the approval or disapproval of applications for grants under subsection 7b72 and 7,e7 oversee the use of funds provided by such grants in fulfilling such implementation plans4 7#d7 ,reports ,the ,assistant ,secretary and the ,administrator shall provide an annual report to ,congress by the first day of ,october of each year on the activities of the ,office to improve coordination and communication with respect to the implementation of ,next ,generation #i-a-a4 7b7 ,next ,generation #i-a-a implementation grants 7#a7 ,matching grants ,the ,assistant ,secretary and the ,administrator1 acting through the ,office1 shall provide grants to eligible entities for-- 7,a7 the implementation of ,next ,generation #i-a-a2 7,b7 establishing and maintaining ,next ,generation #i-a-a2 7,c7 training directly related to ,next ,generation #i-a-a2 7,d7 public outreach and education on how best to use ,next ,generation #i-a-a and on its capabilities and usefulness2 and 7,e7 administrative costs associated with planning and implementation of ,next ,generation #i-a-a1 including costs related to planning for and preparing an application and related materials as required by this section1 if-- 7i7 such costs are fully documented in materials submitted to the ,office2 and 7ii7 such costs are reasonable and necessary and do not exceed #e percent of the total grant award4 7#b7 ,matching requirement ,the ,federal share of the cost of a project eligible for a grant under this section shall not exceed #hj percent4 7#c7 ,coordination required ,in providing grants under paragraph 7#a71 the ,assistant ,secretary and the ,administrator shall require an eligible entity to certify in its application that-- 7,a7 in the case of an eligible entity that is a ,state1 the entity-- 7i7 has coordinated the application with the emergency communications centers located within the jurisdiction of such entity2 7ii7 has designated a single officer or governmental body to serve as the ,state point of contact to coordinate the implementation of ,next ,generation #i-a-a for that ,state1 except that such designation need not vest such coordinator with direct legal authority to implement ,next ,generation #i-a-a or to manage emergency communications operations2 and 7iii7 has developed and submitted a ,state plan for the coordination and implementation of ,next ,generation #i-a-a that-- 7,i7 ensures interoperability by requiring the use of commonly accepted standards2 7,,ii7 enables emergency communications centers to process1 analyze1 and store multimedia1 data1 and other information2 7,,iii7 incorporates the use of effective cybersecurity resources2 7,,iv7 uses open and competitive request for proposal processes1 or the applicable ,state equivalent1 for deployment of ,next ,generation #i-a-a2 7,v7 includes input from relevant emergency communications centers1 regional authorities1 local authorities1 and ,tribal authorities2 and 7,,vi7 includes a governance body or bodies1 either by creation of new or use of existing body or bodies1 for the development and deployment of ,next ,generation #i-a-a that-- 7aa7 includes relevant stakeholders2 and 7bb7 consults and coordinates with the ,state point of contact required by clause 7ii72 or 7,b7 in the case of an eligible entity that is not a ,state1 the entity has complied with clauses 7i7 and 7iii7 of subparagraph 7,a71 and the ,state in which the entity is located has complied with clause 7ii7 of such subparagraph4 7#d7 ,criteria 7,a7 ,in general ,not later than #i months after the date of enactment of this section1 the ,assistant ,secretary and the ,administrator shall issue regulations1 after providing the public with notice and an opportunity to comment1 prescribing the criteria for selection for grants under this section4 7,b7 ,requirements ,the criteria shall-- 7i7 include performance requirements and a schedule for completion of any project to be financed by a grant under this section2 and 7ii7 specifically permit regional or multi-,state applications for funds4 7,c7 ,updates ,the ,assistant ,secretary and the ,administrator shall update such regulations as necessary4 7#e7 ,grant certifications ,each applicant for a grant under this section shall certify to the ,assistant ,secretary and the ,administrator at the time of application1 and each applicant that receives such a grant shall certify to the ,assistant ,secretary and the ,administrator annually thereafter during any period of time the funds from the grant are available to the applicant1 that-- 7,a7 no portion of any designated #i-a-a charges imposed by a ,state or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented during the period beginning #ahj days immediately preceding the date on which the application was filed and continuing through the period of time during which the funds from the grant are available to the applicant2 7,b7 any funds received by the applicant will be used to support deployment of ,next ,generation #i-a-a that ensures interoperability by requiring the use of commonly accepted standards2 7,c7 the ,state in which the applicant resides has established1 or has committed to establish no later than #c years following the date on which the funds are distributed to the applicant1 a sustainable funding mechanism for ,next ,generation #i-a-a to be deployed pursuant to the grant2 7,d7 the applicant will promote interoperability between ,next ,generation #i-a-a emergency communications centers and emergency response providers including users of the nationwide public safety broadband network implemented by the ,first ,responder ,network ,authority2 7,e7 the applicant has or will take steps to coordinate with adjoining ,states to establish and maintain ,next ,generation #i-a-a2 and 7,f7 the applicant has developed a plan for public outreach and education on how to best use ,next ,generation #i-a-a and on its capabilities and usefulness4 7#f7 ,condition of grant ,each applicant for a grant under this section shall agree1 as a condition of receipt of the grant1 that if the ,state or other taxing jurisdiction within which the applicant is located1 during any period of time during which the funds from the grant are available to the applicant1 fails to comply with the certifications required under paragraph 7#e71 all of the funds from such grant shall be returned to the ,office4 7#g7 ,penalty for providing false information ,any applicant that provides a certification under paragraph 7#e7 knowing that the information provided in the certification was false shall-- 7,a7 not be eligible to receive the grant under this subsection2 7,b7 return any grant awarded under this subsection during the time that the certification was not valid2 and 7,c7 not be eligible to receive any subsequent grants under this subsection4 7#h7 ,prohibition ,no grant funds under this subsection may be used-- 7,a7 for any component of the ,nationwide ,public ,safety ,broadband ,network2 or 7,b7 to make any payments to a person who has been1 for reasons of national security1 prohibited by any entity of the ,federal ,government from bidding on a contract1 participating in an auction1 or receiving a grant4 7#i7 ,contracting requirements ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with a grant under 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this paragraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7c7 ,funding and termination 7#a7 ,in general ,in addition to any funds authorized for grants under section #aeh1 there is authorized to be appropriated #ab1jjj1jjj1jjj for fiscal years #bjba through #bjbe4 7#b7 ,administrative costs ,the ,office may use up to #e percent of the funds authorized under this subsection for reasonable and necessary administrative costs associated with the grant program4 7d7 ,definitions ,in this section3 7#a7 #i-a-a request for emergency assistance ,the term #i-a-a request for emergency assistance means a communication1 such as voice1 text1 picture1 multimedia1 or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance4 7#b7 ,commonly accepted standards ,the term commonly accepted standards means-- 7,a7 the technical standards followed by the communications industry for network1 device1 and ,internet ,protocol connectivity1 including but not limited to1 standards developed by the ,third ,generation ,partnership ,project 7#c;,,gpp71 the ,institute of ,electrical and ,electronics ,engineers 7,,ieee71 the ,alliance for ,telecommunications ,industry ,solutions 7,,atis71 the ,internet ,engineering ,taskforce 7,,ietf71 and the ,international ,telecommunications ,union 7,,itu72 and 7,b7 standards that are accredited by a recognized authority such as the ,american ,national ,standards ,institute 7,,ansi74 7#c7 ,designated #i-a-a charges ,the term designated #i-a-a charges means any taxes1 fees1 or other charges imposed by a ,state or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve #i-a-a services1 ,e#i-a-a services1 or ,next ,generation #i-a-a4 7#d7 ,eligible entity ,the term eligible entity-- 7,a7 means a ,state1 local government1 or a tribal organization 7as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l7772 7,b7 includes public authorities1 boards1 commissions1 and similar bodies created by one or more eligible entities described in subparagraph 7,a7 to coordinate or provide ,next ,generation #i-a-a2 and 7,c7 does not include any entity that has failed to submit-- 7i7 the certifications required under subsection 7b77#e72 and 7ii7 the most recently required certification under subsection 7c7 within #cj days after the date on which such certification is due4 7#e7 ,emergency communications center ,the term emergency communications center means a facility that is designated to receive a #i-a-a request for emergency assistance and perform one or more of the following functions3 7,a7 ,process and analyze #i-a-a requests for emergency assistance and other gathered information4 7,b7 ,dispatch appropriate emergency response providers4 7,c7 ,transfer or exchange #i-a-a requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers4 7,d7 ,analyze any communications received from emergency response providers4 7,e7 ,support incident command functions4 7#f7 ,emergency response provider ,the term emergency response provider has the meaning given that term under section #b of the ,homeland ,security ,act 7#dg ,u4,s4,c4 #aja7f771 emergency response providers includes ,federal1 ,state1 and local governmental and nongovernmental emergency public safety1 fire1 law enforcement1 emergency response1 emergency medical 7including hospital emergency facilities71 and related personnel1 agencies1 and authorities74 7#g7 ,interoperable ,the term interoperable or interoperability means the capability of emergency communications centers to receive #i-a-a requests for emergency assistance and related data such as location information and callback numbers from the public1 then process and share the #i-a-a requests for emergency assistance and related data with other emergency communications centers and emergency response providers1 regardless of jurisdiction1 equipment1 device1 software1 service provider1 or other relevant factors1 and without the need for proprietary interfaces4 7#h7 ,nationwide ,the term nationwide means all states of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 any other territory or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7#i7 ,nationwide public safety broadband network ,the term nationwide public safety broadband network has the meaning given the term in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja74 7#aj7 ,next generation #i-a-a ,the term ,next ,generation #i-a-a means an interoperable1 secure1 ,internet ,protocol-based system that-- 7,a7 employs commonly accepted standards2 7,b7 enables the appropriate emergency communications centers to receive1 process1 and analyze all types of #i-a-a requests for emergency assistance2 7,c7 acquires and integrates additional information useful to handling #i-a-a requests for emergency assistance2 and 7,d7 supports sharing information related to #i-a-a requests for emergency assistance among emergency communications centers and emergency response providers4 7#aa7 ,office ,the term ,office means the ,next ,generation #i-a-a ,implementation ,coordination ,office established under section #aeh of this title4 7#ab7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7#ac7 ,sustainable funding mechanism ,the term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses1 including operations1 maintenance1 and upgrades4 4 #cafjd4 ,savings provision ,nothing in this subtitle or any amendment made by this subtitle shall affect any application pending or grant awarded under section #aeh of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7 prior to date of the enactment of this ,act4 ,g ,extension of #b4e ,g,hz ,rural ,tribal ,priority ,window #cagja4 ,extension of #b4e ,g,hz ,rural ,tribal ,priority ,window ,the ,commission shall extend the ,rural ,tribal ,priority ,window established for the #b4e gigahertz band in the ,public ,notice released by the ,commission on ,december #b1 #bjai 7,,da #ai-abbf71 by not less than #ahj days4 ,,ii ,motor ,vehicle ,safety #cbjja4 ,safety ,warning for occupants of hot cars 7a7 ,occupant safety 7#a7 ,in general ,chapter #cja of title #di1 ,united ,states ,code1 is amended by inserting after section #cjabh the following3 #cjabi4 ,occupant safety 7a7 ,definitions ,in this section3 7#a7 ,passenger motor vehicle ,the term passenger motor vehicle has the meaning given that term in section #cbaja4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,rulemaking ,not later than #b years after the date of the enactment of this section1 the ,secretary shall issue a final rule prescribing a motor vehicle safety standard that requires all new passenger motor vehicles with a gross vehicle weight of #aj1jjj pounds or less to be equipped with a system to detect the presence of an occupant in the passenger compartment of the vehicle when the vehicle engine or motor is deactivated and engage a warning4 7c7 ,limitation on capability of being disabled ,the motor vehicle safety standard prescribed under subsection 7b7 shall require that the system installed in a new passenger motor vehicle cannot be disabled1 overridden1 reset1 or recalibrated in such a way that the system will no longer detect the presence of an occupant in the passenger compartment of the vehicle when the vehicle engine or motor is deactivated and engage a warning4 7d7 ,means 7#a7 ,in general ,the warning required under the motor vehicle safety standard prescribed under subsection 7b7-- 7,a7 shall include a distinct auditory and visual warning to notify individuals inside and outside of the vehicle of the presence of an occupant1 which shall be combined with an interior haptic warning2 and 7,b7 shall be activated when the vehicle engine or motor is deactivated and the presence of an occupant is detected4 7#b7 ,consideration ,in developing such warning1 the ,secretary shall also consider including a secondary additional alert to notify operators that are not in close proximity to the vehicle4 7e7 ,compliance ,the rule issued under subsection 7b7 shall require full compliance with the motor vehicle safety standard prescribed in the rule not later than #b years after the date on which the final rule is issued4 4 7#b7 ,clerical amendment ,the table of sections for chapter #cja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjabh the following3 #cjabi4 ,occupant safety4 4 7b7 ,study 7#a7 ,independent study 7,a7 ,contract ,not later than #ij days after issuing the final rule under section #cjabi7;b7 of title #di1 ,united ,states ,code1 as added by subsection 7a77#a71 the ,secretary shall enter into a contract with an independent third party to perform the services under this subparagraph4 7,b7 ,study 7i7 ,in general ,under the contract between the ,secretary and an independent third party under this subparagraph1 the independent third party shall carry out a study on retrofitting existing passenger motor vehicles with technology that meets the safety need addressed by the motor vehicle safety standard prescribed under such section #cjabi7;b7 of title #di1 ,united ,states ,code1 as added by subsection 7a77#a74 7ii7 ,elements ,in carrying out the study required under clause 7i71 the independent third party shall-- 7,i7 survey and evaluate a variety of methods used by current and emerging technology or products to solve the problem of occupants being left unattended in vehicles and occupants independently accessing unoccupied vehicles2 7,,ii7 make recommendations for manufacturers of such technology or products to undergo a functional safety performance assessment to ensure that the products perform as designed by the manufacturer under a variety of real-world conditions2 and 7,,iii7 provide recommendations for consumers on how to select such technology or products in order to retrofit existing vehicles4 7iii7 ,availability through ,,nhtsa website ,the ,secretary shall make the recommendations provided under clause 7ii77,,iii7 available to the public through the website of the ,national ,highway ,traffic ,safety ,administration4 7#b7 ,publication2 public comment ,not later than #b years after the date on which the ,secretary issues the final rule under section #cjabi7;b7 of title #di1 ,united ,states ,code1 as added by subsection 7a77#a71 the ,secretary shall-- 7,a7 publish the study required under paragraph 7#a77;,b7 in the ,federal ,register2 and 7,b7 provide a period for public comment of not longer than #ij days after the study is published under subparagraph 7,a74 7#c7 ,submission to ,congress ,not later than #ij days after the conclusion of the public comment period under paragraph 7#b77;,b71 the ,secretary shall publish in the ,federal ,register and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives the study required by paragraph 7#a77;,b74 ,the submission shall include all public comments in response to the study received by the ,secretary upon publication in the ,federal ,register4 7#d7 ,definitions ,in this paragraph-- 7,a7 the term child restraint system has the meaning given that term in section #ega4bac of title #di1 ,code of ,federal ,regulations 7or any successor regulation72 7,b7 the term independent third party means a person who does not have any financial or contractual ties with any person producing or supplying equipment for occupant detection or reminder warning systems1 child restraint systems1 or passenger motor vehicles2 7,c7 the term passenger motor vehicle has the meaning given that term in section #cbaja of title #di1 ,united ,states ,code2 and 7,d7 the term ,secretary means the ,secretary of ,transportation4 #cbjjb4 ,protecting ,americans from the ,risks of ,keyless ,ignition ,technology 7a7 ,definitions ,in this section-- 7#a7 the term electric vehicle-- 7,a7 means a vehicle that does not include an engine and is powered solely by an external source of electricity1 solar power1 or both2 and 7,b7 does not include an electric hybrid vehicle that uses a chemical fuel such as gasoline or diesel fuel2 7#b7 the term key has the meaning given the term in section #ega4aad of title #di1 ,code of ,federal ,regulations 7or successor regulations72 7#c7 the term manufacturer has the meaning given the term in section #cjajb7;a7 of title #di1 ,united ,states ,code2 7#d7 ,the term motor vehicle 7,a7 has the meaning given the term in section #cjajb7;a7 of title #di1 ,united ,states ,code2 and 7,b7 does not include-- 7i7 a motorcycle or trailer 7as those terms are defined in section #ega4c of title #di1 ,code of ,federal ,regulations7 7or successor regulations72 7ii7 any motor vehicle that is rated at more than #aj1jjj pounds gross vehicular weight2 or 7iii7 an electric vehicle4 7#e7 ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,automatic shutoff systems for motor vehicles 7#a7 ,final rule 7,a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,secretary shall issue a final rule amending section #ega4aad of title #di1 ,code of ,federal ,regulations 7relating to ,federal ,motor ,vehicle ,safety ,standard ,number #aad71 to require manufacturers to install technology in each motor vehicle equipped with a keyless ignition device and an internal combustion engine to automatically shut off the motor vehicle after the motor vehicle has idled for the period designated under subparagraph 7,b74 7,b7 ,period described 7i7 ,in general ,the period referred to in subparagraph 7,a7 is the period designated by the ,administrator of the ,national ,highway ,traffic ,safety ,administration as necessary to prevent carbon monoxide poisoning4 7ii7 ,different periods ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration may designate different periods under clause 7i7 for different types of motor vehicles1 depending on the rate at which the motor vehicle emits carbon monoxide1 if-- 7,i7 the ,administrator determines a different period is necessary for a type of motor vehicle for purposes of section #cjaaa of title #di1 ,united ,states ,code2 and 7,,ii7 requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning4 7#b7 ,deadline ,the rule under paragraph 7#a7 shall become effective not later than #b years after the date on which the ,secretary issues the rule4 7c7 ,preventing motor vehicles from rolling away 7#a7 ,requirement ,not later than #b years after the date of enactment of this section1 the ,secretary shall issue a final rule amending part #ega of title #di1 ,code of ,federal ,regulations1 requiring manufacturers to install technology in motor vehicles equipped with keyless ignition devices and automatic transmissions to prevent movement of the motor vehicle if-- 7,a7 the transmission of the motor vehicle is not in the park setting2 7,b7 the motor vehicle does not exceed the speed determined by the ,secretary under paragraph 7#b72 7,c7 the door for the operator of the motor vehicle is open2 7,d7 the seat belt of the operator of the motor vehicle is unbuckled2 and 7,e7 the service brake of the motor vehicle is not engaged4 7#b7 ,determination ,the ,secretary shall determine the maximum speed at which a motor vehicle may be safely locked in place under the conditions described in subparagraphs 7,a71 7,c71 7,d71 and 7,e7 of paragraph 7#a7 to prevent vehicle rollaways4 7#c7 ,deadline ,the rule under paragraph 7#a7 shall become effective not later than #b years after the date on which the ,secretary issues such rule4 #cbjjc4 #bast ,century ,smart ,cars 7a7 ,crash avoidance rulemaking 7#a7 ,in general ,subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjacj4 ,crash avoidance rulemaking 7a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,secretary shall issue final rules prescribing ,federal motor vehicle safety standards that-- 7#a7 establish minimum performance requirements for the crash avoidance technologies described in subsection 7b72 and 7#b7 require all new passenger motor vehicles manufactured for sale in the ,united ,states1 introduced or delivered for introduction in interstate commerce1 or imported into the ,united ,states to be equipped with the crash avoidance technologies described in subsection 7b74 7b7 ,crash avoidance technologies ,the ,secretary shall issue ,federal motor vehicle safety standards for each of the following crash avoidance technologies-- 7#a7 forward collision warning and automatic emergency braking1 including crash imminent braking and dynamic brake support1 that detects potential collisions with a vehicle1 object1 pedestrian1 bicyclist1 and other vulnerable road user while the vehicle is traveling forward1 provides a warning to the driver1 and automatically applies the brakes to avoid or mitigate the severity of an impact2 7#b7 rear automatic emergency braking that detects a potential collision with a vehicle1 object1 pedestrian1 bicyclist1 and other vulnerable road user while a vehicle is moving in reverse and automatically applies the brakes to avoid or mitigate the severity of an impact2 7#c7 rear cross traffic warning that detects vehicles1 objects1 pedestrians1 bicyclists1 and other vulnerable road users approaching from the side and rear of a vehicle as it moves in reverse and alerts the driver2 7#d7 lane departure warning that monitors a vehicle's position in its lane and alerts the driver as the vehicle approaches or crosses lane markers2 and 7#e7 blind spot warning that detects a vehicle1 object1 pedestrian1 bicyclist1 and other vulnerable road user to the side or rear of a vehicle and alerts the driver to their presence1 including when a driver attempts to change the course of travel toward another vehicle or road user in the blind zone of the vehicle4 7c7 ,considerations ,in prescribing the ,federal motor vehicle safety standards required in subsection 7a71 the ,secretary shall ensure that the crash avoidance technologies perform effectively at speeds for which a passenger motor vehicle is reasonably expected to operate1 including on city streets and highways4 7d7 ,compliance date ,the compliance date of the standards prescribed under subsection 7a7 shall not exceed more than #b model years from the date final rules are issued4 7e7 ,headlamps 7#a7 ,not later than #b years after the date of enactment of this section1 the ,secretary shall issue a final rule that revises ,federal motor vehicle safety standard #ajh to-- 7,a7 improve illumination of the roadway2 7,b7 prevent glare2 7,c7 establish minimum performance standards for-- 7i7 semi-automatic headlamp beam switching2 and 7ii7 curve adaptive headlamps4 7#b7 ,the compliance date of the revised standard prescribed under paragraph 7#a7 shall not exceed more than #b model years from the effective date4 7#c7 ,not later than #a year after the date of enactment of this section1 the ,secretary shall finalize the ,rulemaking 7#hc ,fed4 ,reg4 #eagff7 to permit the certification of adaptive driving beam headlighting systems4 7f7 ,definitions ,in this section3 7#a7 ,crash avoidance ,the term crash avoidance has the meaning given that term in section #cbcja4 7#b7 ,passenger motor vehicle ,the term passenger motor vehicle has the meaning given to that term in section #cbaja4 4 7#b7 ,conforming amendment ,the table of sections for subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 is further amended by adding after the item relating to section #cjabi 7as added by section #cbjjb7;a77#b77 the following3 #cjacj4 ,crash avoidance rulemaking4 4 7b7 ,research of advanced crash systems 7#a7 ,in general ,subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 as amended by section7a77#a71 is further amended by adding at the end the following3 #cjaca4 ,advanced crash systems research and consumer education 7a7 ,advanced crash systems research 7#a7 ,not later than #b years after the date of enactment of this section1 the ,secretary shall complete research into the following3 7,a7 ,driver monitoring systems that will minimize driver disengagement1 prevent automation complacency1 and account for foreseeable misuse of the automation4 7,b7 ,lane keeping assistance that assists with steering to keep a vehicle within its driving lane4 7,c7 ,automatic crash data notification systems that-- 7i7 notify emergency responders that a crash has occurred and provide the geographical location of the vehicle and crash data in a manner that allows for assessment of potential injuries and emergency response2 and 7ii7 transfer to the ,secretary anonymized automatic crash data for the purposes of safety research and statistical analysis4 7#b7 ,requirements ,in conducting the research required under subsection 7a71 the ,secretary shall-- 7,a7 develop one or more tests to evaluate the performance of the system2 7,b7 determine metrics that would be most effective at evaluating the performance of the system2 and 7,c7 determine fail1 pass1 or advanced pass criteria to assure the systems are performing their intended function4 7#c7 ,report ,the ,secretary shall submit a report detailing findings from the research required under subsection 7a7 to the ,house ,energy and ,commerce ,committee and the ,senate ,commerce1 ,science1 and ,transportation ,committee not later than #c years after the date of enactment of this ,act4 7#d7 ,rulemaking ,not later than #d years after the date of enactment of this section1 the ,secretary shall issue final rules to establish ,federal motor vehicle safety standards for the advanced crash systems described in this subsection and to require all new passenger motor vehicles manufactured for sale in the ,united ,states produced after the effective date of such standards to be equipped with advanced crash systems described in this subsection4 7b7 ,rulemaking on point of sale information ,not later than #ah months after the date of enactment of this section1 the ,secretary shall issue a final rule to require clear and concise information about the capabilities and limitations of an advanced driver assistance system to be provided to a consumer at the point of sale and in the vehicle owner's manual1 including a publicly accessible electronic owner's manual4 4 7#b7 ,conforming amendment ,the table of section for subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 is further amended by adding after the item relating to section #cjabi1 as added by section #b7;b71 the following3 #cjaca4 ,advanced crash systems research and consumer education4 4 #cbjjd4 ,updating the #e-star safety rating system 7a7 ,amendment ,section #cbcjb of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,roadmap 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection and every #b years thereafter1 the ,secretary shall publish a clear and concise report on a publicly accessible website detailing efforts over the next five-year period to improve the passenger motor vehicle information developed under subsection 7a74 7#b7 ,elements ,the report required under paragraph 7#a7 shall include-- 7,a7 descriptions of actions that will be taken to update the passenger motor vehicle information developed under subsection 7a71 including the development of test procedures1 test devices1 test fixtures1 and safety performance metrics2 7,b7 key milestones1 including the anticipated start of an action1 completion of an action1 and effective date of an update2 and 7,c7 descriptions of how an update will improve the passenger motor vehicle information developed under subsection 7a74 7#c7 ,requirements ,in developing1 implementing1 and updating the report required under paragraph 7#a71 the ,secretary shall-- 7,a7 identify and prioritize features and systems that meet a known safety need and for which objective rating tests and evaluation criteria exists2 7,b7 when reasonable and in the interest of improving the safety of passenger motor vehicles1 harmonize the passenger motor vehicle information developed under subsection 7a7 with other safety information programs1 including those administered internationally or by private organizations1 that provide comparisons of safety characteristics of passenger motor vehicles2 7,c7 establish objective criteria1 including effectiveness in reducing traffic accidents and deaths and injuries resulting from traffic accidents1 for the selection of safety technologies to be rated2 7,d7 conduct a review not less frequently than once every #b years to evaluate effectiveness of the passenger motor vehicle information produced under subsection 7a7 at improving the safety of passenger motor vehicles2 and 7,e7 adhere to all deadlines established under subsection 7f74 7#d7 ,public comment ,the ,secretary shall provide for a period of public comment and review in developing the plan required under paragraph 7#a74 7f7 ,immediate updates to the #e-,star safety rating system 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall finalize the proceeding entitled ,new ,car ,assessment ,program 7#hj ,fed4 ,reg4 #gheba7 to update the passenger motor vehicle information required under subsection 7a74 7#b7 ,crashworthiness ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 update the test procedures and devices1 including anthropomorphic test devices1 used in crashworthiness tests2 7,b7 establish new or refine injury criteria1 including head1 neck1 chest1 abdomen1 pelvis1 upper leg and lower leg injury criteria1 based on real-world injuries and the greatest potential to increase safety2 7,c7 establish rear seat crashworthiness tests for adult 7men and women7 occupants in all designated seating positions2 7,d7 establish crashworthiness tests for elderly occupants in all designated seating positions2 7,e7 establish crashworthiness tests for children in all rear designated seating positions and ratings2 7,f7 establish crashworthiness tests for seating system performance for occupants in all designated seating positions2 and 7,g7 ensure that crashworthiness tests account for occupancy of all designated seating positions1 as applicable4 7#c7 ,crash avoidance ,in carrying out paragraph 7#a71 the ,secretary shall update and create1 as applicable1 crash avoidance tests1 which shall include forward automatic emergency braking1 lane departure warning1 blind spot warning1 rear cross traffic warning1 and rear automatic emergency braking4 7#d7 ,vulnerable road user safety ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 establish crash avoidance tests to evaluate crash avoidance systems1 including automatic emergency braking and rear automatic emergency braking1 for crashes between a passenger motor vehicle and a pedestrian1 bicyclist1 or other vulnerable road user2 and 7,b7 establish crashworthiness tests to prevent and mitigate injury and death caused by a collision between a passenger motor vehicle and a pedestrian1 bicyclist1 or other vulnerable road user1 including the potential risks of injuries to the head1 pelvis1 upper1 and lower leg4 7#e7 ,enhancing motor vehicle information 7,a7 ,in carrying out paragraph 7#a71 the ,secretary shall-- 7i7 create a combined overall five-star vehicle rating2 and 7ii7 create separate five-star ratings for-- 7,i7 crashworthiness for adults 7women and men72 7,,ii7 crashworthiness for elderly occupants2 7,,iii7 crashworthiness for children2 7,,iv7 crash avoidance2 and 7,v7 pedestrian and bicyclist crashworthiness and crash avoidance4 7,b7 ,in developing the ratings under subparagraph 7,a71 the ,secretary shall require that a vehicle can only achieve the highest rating if the systems are standard for the model4 7,c7 ,the ,secretary shall-- 7i7 require manufacturers to prominently display the five-star ratings described in subparagraph 7,a7 on ,monroney labels 7as required by section #c of the ,automobile ,information ,disclosure ,act 7#ae ,u4,s4,c4 #abcb772 and 7ii7 publish the five-star safety ratings for a passenger motor vehicle on a publicly available and easily accessible 7including on mobile devices7 website not later than #cj days after the ,secretary has provided a safety rating for a passenger motor vehicle to the manufacturer4 7,d7 ,the ratings created under this subsection shall-- 7i7 provide consumers with easy-to-understand information about vehicle safety2 7ii7 provide meaningful comparative information about the safety of vehicles2 and 7iii7 provide incentives for the design of safer vehicles4 7#f7 ,post-crash safety 7,a7 ,not later than #b years after the date of enactment of this section1 the ,secretary shall complete research into the development of tests for the following systems-- 7i7 automatic collision notification2 and 7ii7 advanced automatic collision notification4 7,b7 ,after completion of the research required under subparagraph 7,a71 the ,secretary shall include each of the systems in the passenger motor vehicle information developed under subsection 7a7 not later than #c years after the date of enactment of this section unless the ,secretary determines that doing so will not improve such information4 7,c7 ,if the ,secretary determines that including one or more of the systems in subparagraph 7,a7 will not improve the passenger motor vehicle safety information developed under subsection 7a71 the ,secretary shall submit a report describing the reasons for not including any such system or systems to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate not later than #c years after the date of enactment of this section4 ,if one or more of the systems is included in another safety information program1 including those administered by international or private organizations1 the ,secretary shall detail why the tests1 or substantively similar tests1 from such other safety information program were not adopted4 7#g7 ,advanced crash avoidance systems 7,a7 ,not later than #b years after the date of enactment of this section1 the ,secretary shall complete research into the development of tests for the following systems-- 7i7 lane keeping assistance2 7ii7 traffic jam assistance2 7iii7 driver distraction prevention1 including systems to maintain driver engagement and methods for mitigating distraction from in-vehicle electronic devices2 7iv7 driver monitoring2 and 7v7 intelligent speed assistance4 7,b7 ,after completion of the research required under subparagraph 7,a71 the ,secretary shall include each of the safety systems in the crash avoidance rating not later than #c years after the date of enactment of this section unless the ,secretary determines that doing so will not improve the passenger motor vehicle safety information developed under subsection 7a74 7,c7 ,if the ,secretary determines that including one or more of the safety systems in the crash avoidance rating required will not improve the passenger motor vehicle safety information developed under subsection 7a71 the ,secretary shall1 not later than #c years after the date of enactment of this section1 submit a report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 describing the reasons for not including each of the safety systems in the crash avoidance rating4 ,if one or more of the safety systems is included in another safety information program1 including those administered by international or private organizations1 the ,secretary shall detail why the tests1 or substantively similar tests1 from such other safety information program were not adopted4 7#h7 ,advanced drunk driving prevention technology 7,a7 ,not later than #c years after the date of enactment of this section1 the ,secretary shall complete research into the development of tests for advanced drunk driving prevention technology4 7,b7 ,after completion of the research required under subparagraph 7,a71 the ,secretary shall include advanced drunk driving prevention technology in the crash avoidance rating not later than #e years after the date of enactment of this section unless the ,secretary determines that doing so will not improve the passenger motor vehicle safety information developed under subsection 7a74 7,c7 ,if the ,secretary determines that including advanced drunk driving prevention technology in the crash avoidance rating will not improve the passenger motor vehicle safety information developed under subsection 7a71 the ,secretary shall1 not later than #d years after the date of enactment of this section submit a report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate describing the reasons for not including such technology in the crash avoidance rating4 ,if advanced drunk driving prevention technology is included in another safety information program1 including those administered by international or private organizations1 the ,secretary shall detail why the tests1 or substantively similar tests1 from such other safety information program were not adopted4 7#i7 ,continuous ,updates 7,a7 ,not later than #b years after completing the updates required under this subsection and every #b years thereafter1 the ,secretary shall-- 7i7 update the passenger motor vehicle information program developed under subsection 7a7 to expand consumer access to vehicles with improved safety in accordance with the roadmap required under subsection 7e72 and 7ii7 update a test or rating established pursuant to this section unless the ,secretary makes a determination that updating the test or rating will not improve the safety of passenger motor vehicles4 7,b7 ,if the ,secretary makes a determination that a test or rating established pursuant to this section no longer improves the safety of passenger motor vehicles1 the ,secretary shall replace or eliminate that test or rating1 only if the ,secretary determines that a replacement test will not improve the safety of passenger motor vehicles4 ,should the ,secretary make such a determination1 the ,secretary shall1 within #cj days of making such a determination1 complete and submit a report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 providing an explanation for such a determination4 7#aj7 ,reporting requirement ,should the ,secretary fail to meet a deadline set forth in this subsection1 the ,secretary shall complete and submit a report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate within #cj days of such deadline1 providing an explanation for why the deadline was not met and a detailed plan and projected timeline for completing the requirement4 4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,transportation #ge1jjj1jjj for each of fiscal years #bjba through #bjbf to carry out this section and the amendments made by this section4 #cbjje4 ,advanced ,drunk ,driving prevention technology 7a7 ,requirements 7#a7 ,motor vehicle safety standard ,not later than #ah months after the date of enactment of this section1 the ,secretary of ,transportation shall issue an advanced notice of proposed rulemaking to initiate a rulemaking to prescribe a motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires passenger motor vehicles manufactured after the effective date of such standard to be equipped with advanced drunk driving prevention technology4 7#b7 ,notice and comment ,not later than #c years after the date of enactment of this section1 the ,secretary of ,transportation shall issue a notice of proposed rulemaking in order to continue the rulemaking proceeding required by paragraph 7#a74 7#c7 ,final ,rule 7,a7 ,not later than #e years after the date of enactment of this section1 the ,secretary shall prescribe a final rule containing the motor vehicle safety standard required under this subsection4 ,the final rule shall specify an effective date that provides at least #b years1 and no more than #c year1 to allow for manufacturing compliance4 7,b7 ,if the ,secretary determines that a new motor vehicle safety standard required under this subsection cannot meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code1 the ,secretary shall submit a report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science and ,transportation of the ,senate describing the reasons for not prescribing such a standard4 7b7 ,development ,the ,secretary shall work directly with manufacturers of passenger motor vehicles1 suppliers1 safety advocates1 and other interested parties1 including universities with expertise in automotive engineering1 to-- 7#a7 accelerate the development of the advanced drunk driving prevention technology required to prescribe a motor vehicle safety standard described in subsection 7a72 and 7#b7 ensure the integration of such technology into passenger motor vehicles available for sale at the earliest practicable date4 7c7 ,definitions ,in this section-- 7#a7 the term advanced drunk driving prevention technology means a passive system which-- 7,a7 monitors a driver's performance to identify impairment of a driver2 7,b7 a system which passively detects a blood alcohol level equal to and exceeding 4#jh blood alcohol content2 or 7,c7 a similar system which detects impairment and prevents or limits vehicle operation2 7#b7 the term motor vehicle safety standard has the meaning given such term in section #cjajb of title #di1 ,united ,states ,code2 and 7#c7 the term passenger motor vehicle has the meaning given such term in section #cbaja of title #di1 ,united ,states ,code4 #cbjjf4 ,limousine compliance with ,federal ,safety ,standards 7a7 ,limousine standards 7#a7 ,safety belt and seating system standards for limousines ,not later than #b years after the date of enactment of this section1 the ,secretary shall prescribe a final rule-- 7,a7 that amends ,federal ,motor ,vehicle ,safety ,standard ,numbers #bjh1 #bji1 and #baj to require to be installed in limousines at each designated seating position1 including on side-facing seats-- 7i7 an occupant restraint system consisting of integrated lap shoulder belts2 or 7ii7 an occupant restraint system consisting of a lap belt if the occupant protection system described in clause 7i7 does not meet the need for motor vehicle safety2 and 7,b7 that amends ,federal ,motor ,vehicle ,safety ,standard ,number #bjg to require limousines to meet standards for seats 7including side-facing seats71 attachment assemblies1 and installation to minimize the possibility of their failure by forces acting on them as a result of vehicle impact4 7#b7 ,report on retrofit assessment for limousines ,not later than #b years after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that assesses the feasibility1 benefits1 and costs with respect to the application of any requirement established under paragraph 7#a7 to a limousine introduced into interstate commerce before the date on which the requirement applies to a limousine4 7b7 ,safety regulations of limousines ,section #cjajb7;a77#f7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking or at the end2 7#b7 in subparagraph 7,b71 by striking the period and inserting 2 or2 and 7#c7 by inserting at the end the following new subparagraph3 7,c7 modifying a passenger motor vehicle that has already been purchased by the first purchaser 7as such term is defined in subsection 7b77 by increasing the wheelbase of the vehicle so that the vehicle has increased seating capacity4 4 7c7 ,definitions ,in this section the following definitions apply3 7#a7 ,certified passenger motor vehicle ,the term certified passenger motor vehicle means a passenger motor vehicle that has been certified in accordance with section #cjaae of title #di1 ,united ,states ,code1 to meet all applicable ,federal ,motor ,vehicle ,safety ,standards4 7#b7 ,limousine ,the term limousine means a motor vehicle-- 7,a7 that has a seating capacity of nine or more persons 7including the driver72 7,b7 with a gross vehicle weight greater than #aj1jjj pounds but not greater than #bf1jjj pounds2 and 7,c7 that the ,secretary has decided by regulation has physical characteristics resembling a passenger car or multipurpose passenger vehicle4 7#c7 ,limousine operator ,the term limousine operator means a person who owns or leases1 and uses1 the limousine to transport passengers for compensation4 7#d7 ,limousine remodeler ,the term limousine remodeler means a person who alters or modifies by addition1 substitution1 or removal of components 7other than readily attachable components7 an incomplete vehicle1 a vehicle manufactured in two or more stages1 or a certified motor vehicle before or after the first purchase of the vehicle to manufacture a limousine4 7#e7 ,motor vehicle ,the term motor vehicle has the meaning given that term in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#f7 ,passenger motor vehicle ,the term passenger motor vehicle has the meaning given that term in section #cbaja of title #di1 ,united ,states ,code4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7d7 ,limousine compliance with ,federal ,safety ,standards 7#a7 ,in general ,chapter #cja of subtitle ,,vi of title #di1 ,united ,states ,code1 is amended by section #cbjjc1 is further amended by inserting after section #cjaca the following new section3 #cjacb4 ,limousine compliance with ,federal ,safety ,standards 7a7 ,requirement ,not later than #a year after the date of enactment of this section1 a limousine remodeler may not offer for sale1 lease1 or rent1 introduce or deliver for introduction into interstate commerce1 or import into the ,united ,states a new limousine unless the limousine remodeler has provided a vehicle remodeler plan1 in accordance with this section1 to the ,secretary that describes how the remodeler is addressing the safety of the limousine4 ,a vehicle remodeler plan shall include the following3 7#a7 ,verification and validation of compliance with applicable ,federal ,motor ,vehicle ,safety ,standards4 7#b7 ,design1 quality control1 manufacturing1 and training practices adopted by a manufacturer1 limousine remodeler1 incomplete vehicle manufacturer1 intermediate manufacturer1 or final-stage manufacturer4 7#c7 ,customer support guidelines1 including instructions for limousine occupants to wear seatbelts and limousine operators to notify occupants of the date and results of the most recent inspection of the limousine4 7b7 ,updates ,each manufacturer1 limousine remodeler1 incomplete vehicle manufacturer1 intermediate manufacturer1 or final-stage manufacturer shall submit an updated vehicle remodeler plan to the ,secretary each year4 7c7 ,publicly available ,the ,secretary shall make any vehicle remodeler plan submitted pursuant to subsection 7a7 or 7b7 publicly available not later than #fj days after the date on which the plan is received1 except the ,secretary may not make publicly available any information relating to a trade secret or other confidential business information as defined in part #eab of title #di1 ,code of ,federal ,regulations4 7d7 ,review ,the ,secretary may inspect any vehicle remodeler plan developed by a manufacturer1 limousine remodeler1 incomplete vehicle manufacturer1 intermediate manufacturer1 or final-stage manufacturer under this section to enable the ,secretary to decide whether the manufacturer1 limousine remodeler1 incomplete vehicle manufacturer1 intermediate manufacturer1 or final-stage manufacturer has complied1 or is complying1 with this chapter or a regulation prescribed or order issued pursuant to this chapter4 7e7 ,rule of construction ,nothing in this section may be construed to affect discovery1 subpoena1 other court order1 or any other judicial process otherwise allowed under applicable ,federal or ,state law4 7f7 ,definitions ,in this section the following definitions apply3 7#a7 ,limousine ,the term limousine means a motor vehicle-- 7,a7 that has a seating capacity of #i or more persons 7including the driver72 7,b7 with a gross vehicle weight greater than #aj1jjj pounds but not greater than #bf1jjj pounds2 and 7,c7 that the ,secretary has decided by regulation has physical characteristics resembling a passenger car or multipurpose passenger vehicle4 7#b7 ,limousine remodeler ,the term limousine remodeler means a person who alters or modifies by addition1 substitution1 or removal of components 7other than readily attachable components7 an incomplete vehicle1 a vehicle manufactured in two or more stages1 or a certified motor vehicle before or after the first purchase of the vehicle to manufacture a limousine4 7#c7 ,motor vehicle ,the term motor vehicle has the meaning given that term in section #cbaja4 4 7#b7 ,enforcement ,section #cjafe7;a77#a7 of title #di1 ,united ,states ,code1 is amended by inserting #cjacb1 after #cjabg14 7#c7 ,conforming amendment ,the table of section for subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 is further amended by adding after the item relating to section #cjaca1 as added by section #b7;b71 the following3 #cjacb4 ,limousine compliance with federal safety standards4 4 7e7 ,limousine crashworthiness 7#a7 ,research ,not later than #d years after the date of enactment of this section1 the ,secretary shall complete research into the development of ,federal ,motor ,vehicle ,safety ,standards for side impact protection1 roof crush resistance1 and air bag systems for the protection of occupants for limousines with perimeter seating positions1 including perimeter seating arrangements4 7#b7 ,rulemaking or report 7,a7 ,crashworthiness standards ,not later than #b years after the completion of the research required pursuant to paragraph 7#a71 the ,secretary shall prescribe final ,federal ,motor ,vehicle ,safety ,standards for side impact protection1 roof crush resistance1 and air bag systems for the protection of occupants for limousines with alternative seating positions if the ,secretary determines that such a standard or standards meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code4 7,b7 ,report ,if the ,secretary determines that a standard or standards described in subparagraph 7,a7 does not meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing the reasons for not prescribing the standard or standards and publish the report in the ,federal ,register4 7f7 ,limousine evacuation 7#a7 ,research ,not later than #b years after the date of enactment of this section1 the ,secretary shall complete research into safety features and standards that aid evacuation in the event that one exit in the passenger compartment of a limousine is blocked4 7#b7 ,standards ,not later than #c years after the date of enactment of this section1 the ,secretary shall issue ,federal ,motor ,vehicle ,safety ,standards based on the results of the research under paragraph 7#a74 7g7 ,limousine inspection disclosure 7#a7 ,limousine inspection disclosure ,a limousine operator may not introduce a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous notice1 including on the website of the operator if the operator has a website1 that includes-- 7,a7 the date of the most recent inspection of the limousine required under ,state or ,federal law2 7,b7 the results of the inspection2 and 7,c7 any corrective action taken by the limousine operator to ensure the limousine passed inspection4 7#b7 ,federal trade commission enforcement ,the ,commission shall enforce this subsection in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 ,any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,savings provision ,nothing in this subsection shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7#d7 ,effective date ,this subsection shall take effect #ahj days after the date of enactment of this section4 7h7 ,event data recorders for limousines 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,secretary1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 shall issue a final rule requiring the use of event data recorders for limousines4 7#b7 ,privacy protections ,any standard promulgated under paragraph 7#a7 pertaining to event data recorder information shall comply with the collection and sharing requirements under the ,,fast ,act 7,public ,law #aad-id7 and any other applicable law4 #cbjjg4 ,child restraint systems 7a7 ,labeling requirement ,not later than #ahj days after the date of enactment of this section1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall revise ,federal motor vehicle safety standard #bac prescribed under section #cjaaa of title #di1 ,united ,states ,code1 to require that booster seat child restraint systems 7those used in motor vehicles1 as defined under such standard7 contain a clear and conspicuous label1 on both the packaging of such system and attached to such system the following labels3 7#a7 ,a label stating the following3 ,for use of children who are over #dj lbs and four years old or older4 7#b7 ,a label stating the following3 ,strongly recommended children use this seat only when they reach either the height or weight limit for a child harness car seat as indicated by the manufacturer4 7#c7 ,on the harness package1 a label stating the following3 ,to prevent possible child injury or death it is important to delay the transition from a #e-point harness seat to a booster seat as long as possible1 until the child reaches the harness' weight or height limits as set by the manufacturer4 7b7 ,semi-,annual reporting requirement on side impact crashes 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter until the promulgation of the final rule relating to the protection of children seated in child restraint systems during side impact crashes required under section #caeja7;a7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#di ,u4,s4,c4 #cjabg note71 the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall submit to ,congress and make publicly available on the website of the ,administration a report regarding the current status of such rule4 7#b7 ,matters to be included ,each report required by paragraph 7#a7 shall include1 at a minimum1 the following3 7,a7 ,the current expected timeline for the promulgation of such rule4 7,b7 ,any technical or administrative challenges delaying the promulgation of such rule4 7,c7 ,any new financial resources or legislative authorities necessary to promulgate such rule4 7,d7 ,the number of children injured or killed in side impact crashes while restrained in a #e-point harness or booster seat between the date of the enactment of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada7 and the date of the report4 #cbjjh4 ,motor vehicle pedestrian and cyclist protection 7a7 ,rulemaking ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,transportation1 through the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 shall issue a final rule that-- 7#a7 establishes standards for the hood and bumper areas of motor vehicles1 including passenger cars1 multipurpose passenger vehicles1 trucks1 and buses with a gross vehicle weight rating of #d1ecf kilograms 7#aj1jjj pounds7 or less1 in order to reduce the number of injuries and fatalities suffered by vulnerable road users1 including pedestrians and cyclists1 who are struck by such vehicles2 and 7#b7 considers the protection of vulnerable pedestrian and cycling populations1 including children and older adults1 and people with disabilities4 7b7 ,compliance ,the rule issued under subsection 7a7 shall require full compliance with minimum performance standards established by the ,secretary not later than #b years after the date on which the final rule is issued4 ,,iii ,energy and ,environment ,infrastructure ,a ,infrastructure #a ,drinking ,water ,a ,,pfas ,infrastructure ,grant ,program #ccaja4 ,establishment of ,,pfas ,infrastructure ,grant ,program ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 is amended by adding at the end the following new section3 #adei;,e4 ,assistance for community water systems affected by ,,pfas 7a7 ,establishment ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall establish a program to award grants to affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies4 7b7 ,applications 7#a7 ,guidance ,not later than #ab months after the date of enactment of this section1 the ,administrator shall publish guidance describing the form and timing for community water systems to apply for grants under this section4 7#b7 ,required information ,the ,administrator shall require a community water system applying for a grant under this section to submit-- 7,a7 information showing the presence of ,,pfas in water of the community water system2 and 7,b7 a certification that the treatment technology in use by the community water system at the time of application is not sufficient to remove all detectable amounts of ,,pfas4 7c7 ,list of eligible treatment technologies ,not later than #aej days after the date of enactment of this section1 and every #b years thereafter1 the ,administrator shall publish a list of treatment technologies that the ,administrator determines are effective at removing all detectable amounts of ,,pfas from drinking water4 7d7 ,priority for funding ,in awarding grants under this section1 the ,administrator shall prioritize affected community water systems that-- 7#a7 serve a disadvantaged community2 7#b7 will provide at least a #aj percent cost share for the cost of implementing an eligible treatment technology2 or 7#c7 demonstrate the capacity to maintain the eligible treatment technology to be implemented using the grant4 7e7 ,no effect on cleanup responsibility ,receipt by a community water system of a grant under this section shall have no effect on any responsibility of the ,department of ,defense relating to the cleanup of the applicable ,,pfas4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section not more than #ejj1jjj1jjj for each of the fiscal years #bjba through #bjbe4 7g7 ,definitions ,in this section3 7#a7 ,affected community water system ,the term affected community water system means a community water system that is affected by the presence of ,,pfas in the water in the community water system4 7#b7 ,disadvantaged community ,the term disadvantaged community has the meaning given that term in section #adeb4 7#c7 ,eligible treatment technology ,the term eligible treatment technology means a treatment technology included on the list published under subsection 7c74 4 #ccajb4 ,definition ,section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f7 is amended by adding at the end the following3 7#ag7 ,,pfas ,the term ,,pfas means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom4 4 ,b ,extensions #ccajc4 ,funding 7a7 ,state revolving loan funds ,section #adeb7m77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7m77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking and2 7#b7 in subparagraph 7,c71 by striking #bjba4 and inserting #bjba22 and 7#c7 by adding at the end the following3 7,d7 #d1adj1jjj1jjj for fiscal year #bjbb2 7,e7 #d1hjj1jjj1jjj for fiscal year #bjbc2 and 7,f7 #e1ejj1jjj1jjj for each of fiscal years #bjbd and #bjbe4 4 7b7 ,indian reservation drinking water program ,section #bjja7;d7 of ,america's ,water ,infrastructure ,act of #bjah 7,public ,law #aae-bgj7 is amended by striking #bjbb and inserting #bjbe4 7c7 ,voluntary ,school and ,child ,care ,program ,lead ,testing ,grant ,program ,section #adfd7;d77#h7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd7;d77#h77 is amended by striking #bjba and inserting #bjbe4 7d7 ,drinking water fountain replacement for schools ,section #adfe7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#be7;d77 is amended by striking #bjba and inserting #bjbe4 7e7 ,technical assistance and grants ,section #adcc7;g77#f7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;i-#b7;g77#f77 is amended by striking #bjba and inserting #bjbe4 7f7 ,grants for ,state programs ,section #addc7;a77#g7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#b7;a77#g77 is amended by striking #bjba and inserting #bjbe4 #ccajd4 ,american iron and steel products ,section #adeb7;a77#d77;,a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#d77;,a77 is amended by striking ,during fiscal years #bjai through #bjbc1 funds and inserting ,funds4 #ccaje4 ,comprehensive lead service line replacement ,section #adei;,b of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;b7 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking #fj1jjj1jjj and inserting #d1ejj1jjj1jjj2 and 7,b7 by striking #bjba and inserting #bjbe2 and 7#b7 by adding at the end the following3 7f7 ,comprehensive lead reduction projects 7#a7 ,grants ,the ,administrator shall make grants available to eligible entities for comprehensive lead reduction projects that1 notwithstanding any other provision in this section1 pay to fully replace all lead service lines served by the eligible entity1 irrespective of the ownership of the service line and without requiring a contribution to the cost of replacement of any portion of the service line by any individual homeowner4 7#b7 ,priority ,in making grants under paragraph 7#a71 the ,administrator shall give priority to eligible entities serving disadvantaged communities1 consistent with subsection 7b77#c71 and environmental justice communities 7with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experience1 or are at risk of experiencing1 higher or more adverse human health or environmental effects74 7#c7 ,no cost-sharing ,the ,federal share of the cost of a project carried out pursuant to this subsection shall be #ajj percent4 4 ,c ,other matters #ccajf4 ,drinking water fountain replacement in public playgrounds and parks 7a7 ,in general ,part ,f of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ba et seq47 is amended by adding at the end the following3 #adff4 ,drinking water fountain replacement in public playgrounds and parks 7a7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,administrator shall establish a grant program to provide assistance to ,states and municipalities for the replacement1 in playgrounds or parks owned by ,states or municipalities1 of drinking water fountains manufactured prior to #aihh4 7b7 ,use of funds ,funds awarded under the grant program-- 7#a7 shall be used to pay the costs of replacement of drinking water fountains in playgrounds or parks owned by a ,state or municipality receiving such funds2 and 7#b7 may be used to pay the costs of monitoring and reporting of lead levels in the drinking water of playgrounds or parks owned by a ,state or municipality receiving such funds1 as determined appropriate by the ,administrator4 7c7 ,priority ,in awarding funds under the grant program1 the ,administrator shall give priority to projects and activities that benefit an underserved community or a disadvantaged community4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbj through #bjbe 4 7b7 ,definitions ,section #adfa of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ba7 is amended by adding at the end the following3 7#h7 ,disadvantaged community ,the term disadvantaged community has the meaning given such term in section #adeb7;d77#c74 7#i7 ,playground or park ,the term playground or park means an indoor or outdoor park1 building1 site1 or other facility1 including any parking lot appurtenant thereto1 that is intended for recreation purposes4 7#aj7 ,underserved community ,the term underserved community has the meaning given such term in section #adei;,a4 4 ,d ,other ,matters #ccajg4 ,assistance for areas affected by natural disasters ,section #bjbj of ,america's ,water ,infrastructure ,act of #bjah 7,public ,law #aae-bgj7 is amended-- 7#a7 in subsection 7b77#a71 by striking subsection 7e77#a7 and inserting subsection 7f77#a72 7#b7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 7#c7 by inserting after subsection 7b7 the following3 7c7 ,assistance for territories ,the ,administrator may use funds made available under subsection 7f77#a7 to make grants to ,guam1 the ,virgin ,islands1 ,american ,samoa1 and the ,northern ,mariana ,islands for the purposes of providing assistance to eligible systems to restore or increase compliance with national primary drinking water regulations4 2 and 7#d7 in subsection 7f71 as so redesignated-- 7,a7 in the heading1 by striking ,state revolving fund capitalization2 and 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting and to make grants under subsection 7c7 of this section1 before to be available2 and 7ii7 in subparagraph 7,a71 by inserting or subsection 7c71 as applicable after subsection 7b77#a74 ,e ,other matters #ccajh4 ,allotments for territories ,section #adeb7;j7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;j77 is amended by striking #j4cc percent and inserting #a4e percent4 #b ,grid ,security and ,modernization #ccaaa4 #bast ,century ,power ,grid 7a7 ,in general ,the ,secretary of ,energy shall establish a program to provide financial assistance to eligible partnerships to carry out projects related to the modernization of the electric grid1 including-- 7#a7 projects for the deployment of technologies to improve monitoring of1 advanced controls for1 and prediction of performance of1 a distribution system2 and 7#b7 projects related to transmission system planning and operation4 7b7 ,eligible projects ,projects for which an eligible partnership may receive financial assistance under subsection 7a7-- 7#a7 shall be designed to improve the resiliency1 performance1 or efficiency of the electric grid1 while ensuring the continued provision of safe1 secure1 reliable1 and affordable power2 7#b7 may be designed to deploy a new product or technology that could be used by customers of an electric utility2 and 7#c7 shall demonstrate-- 7,a7 secure integration and management of energy resources1 including through distributed energy generation1 combined heat and power1 microgrids1 energy storage1 electric vehicles1 energy efficiency1 demand response1 or controllable loads2 or 7,b7 secure integration and interoperability of communications and information technologies related to the electric grid4 7c7 ,cybersecurity plan ,each project carried out with financial assistance provided under subsection 7a7 shall include the development of a cybersecurity plan written in accordance with guidelines developed by the ,secretary of ,energy4 7d7 ,privacy effects analysis ,each project carried out with financial assistance provided under subsection 7a7 shall include a privacy effects analysis that evaluates the project in accordance with the ,voluntary ,code of ,conduct of the ,department of ,energy1 commonly known as the ,data,guard ,energy ,data ,privacy ,program1 or the most recent revisions to the privacy program of the ,department4 7e7 ,definitions ,in this section3 7#a7 ,eligible partnership ,the term eligible partnership means a partnership consisting of two or more entities1 which-- 7,a7 may include-- 7i7 any institution of higher education2 7ii7 a ,national ,laboratory2 7iii7 a ,state or a local government or other public body created by or pursuant to ,state law2 7iv7 an ,indian ,tribe2 7v7 a ,federal power marketing administration2 or 7vi7 an entity that develops and provides technology2 and 7,b7 shall include at least one of any of-- 7i7 an electric utility2 7ii7 a ,regional ,transmission ,organization2 or 7iii7 an ,independent ,system ,operator4 7#b7 ,electric utility ,the term electric utility has the meaning given that term in section #c7bb7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7bb771 except that such term does not include an entity described in subparagraph 7,b7 of such section4 7#c7 ,federal power marketing administration ,the term ,federal power marketing administration means the ,bonneville ,power ,administration1 the ,southeastern ,power ,administration1 the ,southwestern ,power ,administration1 or the ,western ,area ,power ,administration4 7#d7 ,independent system operator2 regional transmission organization ,the terms ,independent ,system ,operator and ,regional ,transmission ,organization have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,energy to carry out this section #gjj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #ccaab4 ,energy efficient transformer rebate program 7a7 ,definitions ,in this section3 7#a7 ,qualified energy efficient transformer ,the term qualified energy efficient transformer means a transformer that meets or exceeds the applicable energy conservation standards described in the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,qualified energy inefficient transformer ,the term qualified energy inefficient transformer means a transformer with an equal number of phases and capacity to a transformer described in any of the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7 that-- 7,a7 does not meet or exceed the applicable energy conservation standards described in paragraph 7#a72 and 7,b7 7i7 was manufactured between ,january #a1 #aihe1 and ,december #ca1 #bjjf1 for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection 7b77#b7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 or 7ii7 was manufactured between ,january #a1 #aiij1 and ,december #ca1 #bjji1 for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph 7#a7 or 7#b7 of subsection 7c7 of that section 7as in effect on the date of enactment of this ,act74 7#c7 ,qualified entity ,the term qualified entity means an owner of industrial or manufacturing facilities1 commercial buildings1 or multifamily residential buildings1 a utility1 or an energy service company1 that fulfills the requirements of subsection 7c74 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy shall establish a program to provide rebates to qualified entities for expenditures made by the qualified entity for the replacement of a qualified energy inefficient transformer with a qualified energy efficient transformer4 7c7 ,requirements ,to be eligible to receive a rebate under this section1 an entity shall submit to the ,secretary of ,energy an application in such form1 at such time1 and containing such information as the ,secretary may require1 including demonstrated evidence-- 7#a7 that the entity purchased a qualified energy efficient transformer2 7#b7 of the core loss value of the qualified energy efficient transformer2 7#c7 of the age of the qualified energy inefficient transformer being replaced2 7#d7 of the core loss value of the qualified energy inefficient transformer being replaced-- 7,a7 as measured by a qualified professional or verified by the equipment manufacturer1 as applicable2 or 7,b7 for transformers described in subsection 7a77#b77;,b77i71 as selected from a table of default values as determined by the ,secretary in consultation with applicable industry2 and 7#e7 that the qualified energy inefficient transformer has been permanently decommissioned and scrapped4 7d7 ,authorized amount of rebate ,the amount of a rebate provided under this section shall be-- 7#a7 for a #c-phase or single-phase transformer with a capacity of not less than #aj and not greater than #b1ejj kilovolt-amperes1 twice the amount equal to the difference in watts between the core loss value 7as measured in accordance with paragraphs 7#b7 and 7#d7 of subsection 7c77 of-- 7,a7 the qualified energy inefficient transformer2 and 7,b7 the qualified energy efficient transformer2 or 7#b7 for a transformer described in subsection 7a77#b77;,b77i71 the amount determined using a table of default rebate values by rated transformer output1 as measured in kilovolt-amperes1 as determined by the ,secretary in consultation with applicable industry4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #ccaac4 ,interregional transmission planning report ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report that-- 7#a7 examines the effectiveness of interregional transmission planning processes for identifying transmission projects across regions that provide economic1 reliability1 or operational benefits1 taking into consideration the public interest1 the integrity of markets1 and the protection of consumers2 7#b7 evaluates the current architecture of regional electricity grids 7including international transmission connections of such grids7 that together comprise the ,nation's electricity grid1 with respect to-- 7,a7 potential growth in renewable energy generation1 including energy generation from offshore wind2 7,b7 potential growth in electricity demand2 and 7,c7 retirement of existing electricity generation assets2 7#c7 analyzes-- 7,a7 the range of benefits that interregional transmission provides2 7,b7 the impact of basing transmission project approvals on a comprehensive assessment of the multiple benefits provided2 7,c7 synchronization of processes described in paragraph 7#a7 among neighboring regions2 7,d7 how often interregional transmission planning should be completed2 7,e7 whether voltage1 size1 or cost requirements should be a factor in the approval of interregional transmission projects2 7,f7 cost allocation methodologies for interregional transmission projects2 and 7,g7 current barriers and challenges to construction of interregional transmission projects2 and 7#d7 identifies potential changes1 based on the analysis under paragraph 7#c71 to the processes described in paragraph 7#a7 to ensure the most efficient1 cost effective1 and broadly beneficial transmission projects are selected for construction4 #ccaad4 ,promoting grid storage 7a7 ,definitions ,in this section3 7#a7 ,energy storage system ,the term energy storage system means equipment or facilities relating to the electric grid that are capable of absorbing and converting energy1 as applicable1 storing the energy for a period of time1 and dispatching the energy1 that-- 7,a7 use mechanical1 electrochemical1 biochemical1 or thermal processes1 to convert and store energy that was generated at an earlier time for use at a later time2 7,b7 use mechanical1 electrochemical1 biochemical1 or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted for delivery at a later time2 or 7,c7 convert and store energy in an electric1 thermal1 or gaseous state for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity or other fuel sources at that later time1 as is offered by grid-enabled water heaters4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 territory1 or possession of the ,united ,states2 7,b7 a ,state energy office 7as defined in section #abd7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehba7;a7772 7,c7 a tribal organization 7as defined in section #cgfe of title #ch1 ,united ,states ,code72 7,d7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 7,e7 an electric utility1 including-- 7i7 a rural electric cooperative2 7ii7 a political subdivision of a ,state1 such as a municipally owned electric utility1 or any agency1 authority1 corporation1 or instrumentality of one or more ,state political subdivisions2 and 7iii7 an investor-owned utility2 and 7,f7 a private energy storage company that is a small business concern 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7#c7 ,island mode ,the term island mode means a mode in which a distributed generator or energy storage system continues to power a location in the absence of electric power from the primary source4 7#d7 ,microgrid ,the term microgrid means an integrated energy system consisting of interconnected loads and distributed energy resources1 including generators and energy storage systems1 within clearly defined electrical boundaries that-- 7,a7 acts as a single controllable entity with respect to the electric grid2 and 7,b7 can connect to1 and disconnect from1 the electric grid to operate in both grid-connected mode and island mode4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,energy storage research program 7#a7 ,in general ,the ,secretary shall establish a cross-cutting national program within the ,department of ,energy for the research of energy storage systems1 including components and materials of such systems4 7#b7 ,additional requirements ,in establishing the program under paragraph 7#a71 the ,secretary shall-- 7,a7 identify and coordinate across all relevant program offices throughout the ,department of ,energy key areas of existing and future research with respect to a portfolio of technologies and approaches2 7,b7 adopt long-term cost1 performance1 and demonstration targets for different types of energy storage systems and for use in a variety of regions1 including rural areas2 7,c7 incorporate considerations of sustainability1 sourcing1 recycling1 reuse1 and disposal of materials1 including critical elements1 in the design of energy storage systems2 7,d7 identify energy storage duration needs2 7,e7 analyze the need for various types of energy storage to improve electric grid resilience and reliability2 and 7,f7 support research and development of advanced manufacturing technologies that have the potential to improve ,united ,states competitiveness in energy storage manufacturing4 7#c7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish within the ,office of ,electricity of the ,department of ,energy a research1 development1 and demonstration program of grid-scale energy storage systems1 in accordance with this subsection4 7,b7 ,goals1 priorities1 cost targets ,the ,secretary shall develop goals1 priorities1 and cost targets for the program4 7#d7 ,strategic plan 7,a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a #aj-year strategic plan for the program4 7,b7 ,contents ,the strategic plan submitted under subparagraph 7,a7 shall-- 7i7 identify ,department of ,energy programs that-- 7,i7 support the research and development activities described in paragraph 7#e7 and the demonstration projects under paragraph 7#c7 under subsection 7e72 and 7,,ii7 7aa7 do not support the activities or projects described in subclause 7,i72 but 7bb7 are important to the development of grid-scale energy storage systems and the mission of the ,office of ,electricity of the ,department of ,energy1 as determined by the ,secretary2 and 7ii7 include expected timelines for-- 7,i7 the accomplishment of relevant objectives under current programs of the ,department of ,energy relating to grid-scale energy storage systems2 and 7,,ii7 the commencement of any new initiatives within the ,department of ,energy relating to grid-scale energy storage systems to accomplish those objectives4 7,c7 ,updates to plan ,not less frequently than once every #b years1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives an updated #aj-year strategic plan1 which shall identify1 and provide a justification for1 any major deviation from a previous strategic plan submitted under this paragraph4 7#e7 ,research and development ,in carrying out the program1 the ,secretary shall focus research and development activities on developing cost effective energy storage systems that-- 7,a7 7i7 to balance day-scale needs1 are capable of highly flexible power output for not less than #f hours2 and 7ii7 have a lifetime of-- 7,i7 not less than #h1jjj cycles of discharge at full output2 and 7,,ii7 #bj years of operation2 7,b7 7i7 can provide power to the electric grid for durations of approximately #aj to #ajj hours2 and 7ii7 have a lifetime of-- 7,i7 not less than #a1ejj cycles of discharge at full output2 and 7,,ii7 #bj years of operation2 and 7,c7 can store energy over several months and address seasonal scale variations in supply and demand4 7#f7 ,cost targets ,cost targets developed by the ,secretary under paragraph 7#c77;,b7 shall-- 7,a7 be for energy storage costs across all types of energy storage technology2 and 7,b7 include technology costs1 installation costs1 balance of services costs1 and soft costs4 7#g7 ,testing and validation ,the ,secretary shall support the standardized testing and validation of energy storage systems under the program through collaboration with #a or more ,national ,laboratories1 including the development of methodologies to independently validate energy storage technologies by performance of energy storage systems on the electric grid1 including when appropriate1 testing of application-driven charge and discharge protocols4 7#h7 ,target updates2 subtargets ,not less frequently than once every #e years during the #aj-year period beginning on the date of enactment of this section1 the ,secretary shall-- 7,a7 revise the cost targets developed under paragraph 7#c77;,b7 to be more stringent1 based on-- 7i7 a technology-neutral approach that considers all types of energy storage deployment scenarios1 including individual technologies1 technology combination use profiles1 and integrated control system applications2 7ii7 input from a variety of stakeholders2 7iii7 the inclusion and use of existing infrastructure2 and 7iv7 the ability to optimize the integration of intermittent renewable energy generation technology and distributed energy resources2 and 7,b7 establish cost subtargets for technologies and applications relating to the energy storage systems described in paragraph 7#e71 taking into consideration-- 7i7 electricity market prices2 and 7ii7 the goal of being cost-competitive in specific markets for electric grid products and services4 7c7 ,technical assistance and grant program 7#a7 ,establishment 7,a7 ,in general ,the ,secretary shall establish a technical assistance and grant program 7referred to in this subsection as the program7-- 7i7 to disseminate information and provide technical assistance directly to eligible entities so the eligible entities can identify1 evaluate1 plan1 design1 and develop processes to procure energy storage systems2 and 7ii7 to make grants to eligible entities so that the eligible entities may contract to obtain technical assistance to identify1 evaluate1 plan1 design1 and develop processes to procure energy storage systems4 7,b7 ,technical assistance 7i7 ,in general ,the technical assistance described in subparagraph 7,a7 shall include assistance with one or more of the following activities relating to energy storage systems3 7,i7 ,identification of opportunities to use energy storage systems4 7,,ii7 ,assessment of technical and economic characteristics4 7,,iii7 ,utility interconnection4 7,,iv7 ,permitting and siting issues4 7,v7 ,business planning and financial analysis4 7,,vi7 ,engineering design4 7ii7 ,exclusion ,the technical assistance described in subparagraph 7,a7 shall not include assistance relating to modification of ,federal1 ,state1 or local regulations or policies relating to energy storage systems4 7,c7 ,information dissemination ,the information dissemination under subparagraph 7,a77i7 shall include dissemination of-- 7i7 information relating to the topics described in subparagraph 7,b71 including case studies of successful examples2 7ii7 computer software for assessment1 design1 and operation and maintenance of energy storage systems2 and 7iii7 public databases that track the operation of existing and planned energy storage systems4 7#b7 ,applications 7,a7 ,in general ,an eligible entity desiring technical assistance or grants under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,application process ,the ,secretary shall seek applications for technical assistance and grants under the program-- 7i7 on a competitive basis2 and 7ii7 on a periodic basis1 but not less frequently than once every #ab months4 7,c7 ,priorities ,in selecting eligible entities for technical assistance and grants under the program1 the ,secretary shall give priority to eligible entities with projects that have the greatest potential for-- 7i7 strengthening the reliability of energy infrastructure and the resilience of energy infrastructure to the effects of extreme weather events1 power grid failures1 and interruptions in supply of fossil fuels2 7ii7 reducing the cost of energy storage systems2 7iii7 facilitating the use of renewable energy resources2 7iv7 minimizing environmental impact1 including regulated air pollutants and greenhouse gas emissions2 7v7 improving the feasibility of microgrids or islanding1 particularly in rural areas1 including rural areas with high energy costs2 and 7vi7 maximizing local job creation4 7#c7 ,grants ,on application by an eligible entity1 the ,secretary may award grants to the eligible entity to provide funds to cover not more than-- 7,a7 #ajj percent of the costs of carrying out an initial assessment to identify net system benefits of using energy storage systems2 7,b7 #ge percent of the cost of obtaining guidance relating to methods to assess energy storage in long-term resource planning and resource procurement2 7,c7 #fj percent of the cost of carrying out studies to assess the cost-benefit ratio of energy storage systems2 and 7,d7 #ej percent of the cost of obtaining guidance on complying with ,state and local regulatory technical standards1 including siting and permitting standards4 7#d7 ,rules and procedures 7,a7 ,rules ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall1 by rule1 establish procedures for carrying out the program4 7,b7 ,grants ,not later than #abj days after the date on which the ,secretary establishes procedures for the program under subparagraph 7,a71 the ,secretary shall issue grants under this subsection4 7#e7 ,reports ,the ,secretary shall submit to ,congress and make available to the public-- 7,a7 not less frequently than once every #b years1 a report describing the performance of the program under this subsection1 including a synthesis and analysis of any information the ,secretary requires grant recipients to provide to the ,secretary as a condition of receiving a grant2 and 7,b7 on termination of the program under this subsection1 an assessment of the success of1 and education provided by1 the measures carried out by eligible entities under the program4 7d7 ,department of ,energy workshops ,the ,secretary shall hold one or more workshops during each of calendar years #bjba and #bjbc to facilitate the sharing1 across the ,department of ,energy1 the ,states1 local and ,tribal governments1 industry1 and the academic research community1 of research developments and new technical knowledge gained in carrying out subsections 7b7 and 7c74 7e7 ,energy storage system demonstration program 7#a7 ,energy storage grant program 7,a7 ,establishment ,the ,secretary shall establish a competitive grant program for pilot energy storage systems1 as identified by the ,secretary1 that use either-- 7i7 a single system2 or 7ii7 aggregations of multiple systems4 7,b7 ,selection requirements ,in selecting eligible entities to receive a grant under this subsection1 the ,secretary shall1 to the maximum extent practicable-- 7i7 ensure regional diversity among eligible entities that receive the grants1 including participation by rural ,states and small ,states2 7ii7 ensure that specific projects selected for grants-- 7,i7 expand on the existing technology demonstration programs of the ,department of ,energy2 and 7,,ii7 are designed to achieve one or more of the objectives described in subparagraph 7,c72 7iii7 prioritize projects from eligible entities that do not have an energy storage system2 7iv7 give consideration to proposals from eligible entities for securing energy storage through competitive procurement or contracts for service2 7v7 prioritize projects that coordinate with the local incumbent electric utility for in-front-of-the-meter projects that do not formally involve an electric utility2 and 7vi7 prioritize projects that leverage matching funds from non-,federal sources4 7,c7 ,objectives ,each demonstration project selected for a grant under subparagraph 7,a7 shall include one or more of the following objectives3 7i7 ,to improve the security and resiliency of critical infrastructure and emergency response systems4 7ii7 ,to improve the reliability of the electricity transmission and distribution system1 particularly in rural areas1 including rural areas with high energy costs4 7iii7 ,to optimize electricity transmission or distribution system operation and power quality to defer or avoid costs of replacing or upgrading electric grid infrastructure1 including transformers and substations4 7iv7 ,to supply energy at peak periods of demand on the electric grid or during periods of significant variation of electric grid supply4 7v7 ,to reduce peak residential and commercial loads1 particularly to defer or avoid investments in new electric grid capacity4 7vi7 ,to advance power conversion systems to make the systems internet-connected1 more efficient1 able to communicate with other inverters1 and able to control voltage4 7vii7 ,to provide ancillary services for grid stability and management4 7viii7 ,to integrate a renewable energy resource production source into the grid at the source or away from the source4 7ix7 ,to increase the feasibility of microgrids or islanding4 7x7 ,to enable the use of stored energy in forms other than electricity to support the natural gas system and other industrial processes4 7,d7 ,restriction on use of funds ,any eligible entity that receives a grant under subparagraph 7,a7 may only use the grant to fund programs relating to the demonstration of energy storage systems connected to the electric grid1 including energy storage systems sited behind a customer revenue meter4 7,e7 ,funding limitations 7i7 ,federal cost share ,the ,federal cost share of a project carried out with a grant under subparagraph 7,a7 shall be not more than #ej percent of the total costs incurred in connection with the development1 construction1 acquisition of components for1 or engineering of a demonstration project4 7ii7 ,maximum grant ,the maximum amount of a grant awarded under subparagraph 7,a7 shall be #e1jjj1jjj4 7,f7 ,no project ownership interest ,the ,united ,states shall hold no equity or other ownership interest in an energy storage system for which a grant is provided under subparagraph 7,a74 7,g7 ,comparable wage rates ,each laborer and mechanic employed by a contractor or subcontractor in performance of construction work financed1 in whole or in part1 by the grant shall be paid wages at rates not less than the rates prevailing on similar construction in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7#b7 ,rules and procedures2 awarding of grants 7,a7 ,rules and procedures ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall1 by rule1 establish procedures for carrying out the grant program under paragraph 7#a74 7,b7 ,awarding of grants ,not later than #a year after the date on which the ,secretary establishes procedures under subparagraph 7,a71 the ,secretary shall award the initial grants provided under this subsection4 7#c7 ,reports ,the ,secretary shall submit to ,congress and make publicly available-- 7,a7 not less frequently than once every #b years for the duration of the grant program under paragraph 7#a71 a report describing the performance of the grant program1 including a synthesis and analysis of any information the ,secretary requires grant recipients to provide to the ,secretary as a condition of receiving a grant2 and 7,b7 on termination of the grant program under paragraph 7#a71 an assessment of the success of1 and education provided by1 the measures carried out by grant recipients under the grant program4 7#d7 ,demonstration projects 7,a7 ,in general ,not later than ,september #cj1 #bjbc1 under the program1 the ,secretary shall1 to the maximum extent practicable1 enter into agreements to carry out not more than #e grid-scale energy storage system demonstration projects4 7,b7 ,objectives ,each demonstration project carried out under subparagraph 7,a7 shall be designed to further the development of the energy storage systems described in subsection 7b77#e74 7f7 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 for each of fiscal years #bjba through #bjbe1 #age1jjj1jjj to carry out subsection 7b72 7#b7 for the period of fiscal years #bjba through #bjbe1 #ajj1jjj1jjj to carry out subsection 7c71 to remain available until expended2 and 7#c7 for the period of fiscal years #bjba through #bjbe1 #aej1jjj1jjj to carry out subsection 7e71 to remain available until expended4 #ccaae4 ,expanding access to sustainable energy 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a rural electric cooperative2 or 7,b7 a nonprofit organization working with at least six or more rural electric cooperatives4 7#b7 ,energy storage ,the term energy storage means the use of equipment or facilities relating to the electric grid that are capable of absorbing and converting energy1 as applicable1 storing the energy for a period of time1 and dispatching the energy1 that-- 7,a7 use mechanical1 electrochemical1 biochemical1 or thermal processes1 to convert and store energy that was generated at an earlier time for use at a later time2 7,b7 use mechanical1 electrochemical1 biochemical1 or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted for delivery at a later time2 or 7,c7 convert and store energy in an electric1 thermal1 or gaseous state for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity or other fuel sources at that later time1 as is offered by grid-enabled water heaters4 7#c7 ,island ,the term island mode means a mode in which a distributed generator or energy storage device continues to power a location in the absence of electric power from the primary source4 7#d7 ,microgrid ,the term microgrid means an interconnected system of loads and distributed energy resources1 including generators and energy storage devices1 within clearly defined electrical boundaries that-- 7,a7 acts as a single controllable entity with respect to the electric grid2 and 7,b7 can connect to1 and disconnect from1 the electric grid to operate in both grid-connected mode and island mode4 7#e7 ,renewable energy source ,the term renewable energy source has the meaning given the term in section #fji7;a7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#g ,u4,s4,c4 #iah;c7a774 7#f7 ,rural electric cooperative ,the term rural electric cooperative means an electric cooperative 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 that sells electric energy to persons in rural areas4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,energy storage and microgrid assistance program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program under which the ,secretary shall-- 7,a7 provide grants to eligible entities under paragraph 7#c72 7,b7 provide technical assistance to eligible entities under paragraph 7#d72 and 7,c7 disseminate information to eligible entities on-- 7i7 the activities described in paragraphs 7#c77;,a7 and 7#d72 and 7ii7 potential and existing energy storage and microgrid projects4 7#b7 ,cooperative agreement ,the ,secretary may enter into a cooperative agreement with an eligible entity to carry out paragraph 7#a74 7#c7 ,grants 7,a7 ,in general ,the ,secretary shall award grants to eligible entities for identifying1 evaluating1 designing1 and demonstrating energy storage and microgrid projects that utilize energy from renewable energy sources4 7,b7 ,application ,to be eligible to receive a grant under subparagraph 7,a71 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,c7 ,use of grant ,an eligible entity that receives a grant under subparagraph 7,a7-- 7i7 shall use the grant-- 7,i7 to conduct feasibility studies to assess the potential for implementation or improvement of energy storage or microgrid projects2 7,,ii7 to analyze and implement strategies to overcome barriers to energy storage or microgrid project implementation1 including financial1 contracting1 siting1 and permitting barriers2 7,,iii7 to conduct detailed engineering of energy storage or microgrid projects2 7,,iv7 to perform a cost-benefit analysis with respect to an energy storage or microgrid project2 7,v7 to plan for both the short- and long-term inclusion of energy storage or microgrid projects into the future development plans of the eligible entity2 or 7,,vi7 to purchase and install necessary equipment1 materials1 and supplies for demonstration of emerging technologies2 and 7ii7 may use the grant to obtain technical assistance from experts in carrying out the activities described in clause 7i74 7,d7 ,condition ,as a condition of receiving a grant under subparagraph 7,a71 an eligible entity shall-- 7i7 implement a public awareness campaign1 in coordination with the ,secretary1 about the project implemented under the grant in the community in which the eligible entity is located2 7ii7 submit to the ,secretary1 and make available to the public1 a report that describes-- 7,i7 any energy cost savings and environmental benefits achieved under the project2 and 7,,ii7 the results of the project1 including quantitative assessments to the extent practicable1 associated with each activity described in subparagraph 7,c77i72 and 7iii7 create and disseminate tools and resources that will benefit other rural electric cooperatives1 which may include cost calculators1 guidebooks1 handbooks1 templates1 and training courses4 7,e7 ,cost-share ,activities under this paragraph shall be subject to the cost-sharing requirements of section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb74 7#d7 ,technical assistance 7,a7 ,in general ,in carrying out the program established under paragraph 7#a71 the ,secretary shall provide eligible entities with technical assistance relating to-- 7i7 identifying opportunities for energy storage and microgrid projects2 7ii7 understanding the technical and economic characteristics of energy storage or microgrid projects2 7iii7 understanding financing alternatives2 7iv7 permitting and siting issues2 7v7 obtaining case studies of similar and successful energy storage or microgrid projects2 7vi7 reviewing and obtaining computer software for assessment1 design1 and operation and maintenance of energy storage or microgrid systems2 and 7vii7 understanding and utilizing the reliability and resiliency benefits of energy storage and microgrid projects4 7,b7 ,external contracts ,in carrying out subparagraph 7,a71 the ,secretary may enter into contracts with third-party experts1 including engineering1 finance1 and insurance experts1 to provide technical assistance to eligible entities relating to the activities described in such subparagraph1 or other relevant activities1 as determined by the ,secretary4 7c7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,administrative costs ,not more than #e percent of the amount appropriated under paragraph 7#a7 for each fiscal year shall be used for administrative expenses4 #ccaaf4 ,interregional transmission planning rulemaking 7a7 ,in general ,not later than #f months after the date of the enactment of this section1 the ,federal ,energy ,regulatory ,commission 7hereinafter referred to as the ,commission7 shall initiate a rulemaking to increase the effectiveness of the interregional transmission planning process4 7b7 ,assessment ,in conducting the rulemaking under subsection 7a71 the ,commission shall assess-- 7#a7 the effectiveness of interregional transmission planning processes for identifying transmission planning solutions that provide economic1 reliability1 operation1 and public policy benefits1 taking into consideration-- 7,a7 the public interest2 7,b7 the integrity of markets2 and 7,c7 the protection of consumers2 and 7#b7 proposed changes to the processes described in paragraph 7#a7 to ensure that efficient1 cost-effective1 and broadly beneficial transmission solutions are selected for construction1 taking into consideration-- 7,a7 the public interest2 7,b7 the integrity of markets2 7,c7 the protection of consumers2 and 7,d7 the range of benefits that interregional transmission provides4 7c7 ,emphasis ,in conducting the rulemaking under subsection 7a71 the ,commission shall develop rules that emphasize-- 7#a7 the need for a solution to secure approval based on a comprehensive assessment of the multiple benefits the solution is expected to provide2 7#b7 that interregional benefit analyses made between multiple regions should not be subject to reassessment by a single regional entity2 7#c7 the importance of synchronizing the planning processes between regions that neighbor one another1 including using one timeline with a single set of needs1 input assumptions1 and benefit metrics2 7#d7 that evaluation of long-term scenarios should align with the expected life of an interregional transmission solution2 7#e7 that transmission planning authorities should allow for the identification and joint evaluation between regions of alternative proposals2 7#f7 that the interregional transmission planning process should take place not less frequently than once every #c years2 7#g7 the elimination of arbitrary voltage1 size1 or cost requirements for an interregional transmission solution2 and 7#h7 cost allocation methodologies that reflect the multiple benefits provided by an interregional transmission solution4 7d7 ,timing ,not later than #ah months after the date of the enactment of this section1 the ,commission shall complete the rulemaking initiated under subsection 7a74 7e7 ,definitions ,in this section3 7#a7 ,interregional benefit analysis ,the term interregional benefit analysis means the identification and evaluation of the estimated benefits of interregional transmission facilities in two or more neighboring transmission planning regions to meet the needs for transmission system reliability1 resilience1 economic1 and public policy requirements4 7#b7 ,interregional transmission planning process ,the term interregional transmission planning process means an evaluation of transmission needs established by public utility transmission providers in two or more neighboring transmission planning regions that are jointly evaluated by those regions4 7#c7 ,interregional transmission solution ,the term interregional transmission solution means an interregional transmission facility that is evaluated by two or more neighboring transmission planning regions and determined by each of those regions for the ability of the project to efficiently or cost effectively meet regional transmission needs or to provide substantial benefits that are not addressed in either of the region's regional planning processes4 7#d7 ,transmission planning authority ,the term transmission planning authority means the public utility transmission provider within a transmission planning region that is required to create a regional transmission plan that identifies transmission facilities and nontransmission alternatives needed to meet regional needs4 7#e7 ,transmission planning regions ,the term transmission planning regions means the transmission planning regions recognized by the ,commission as compliant with the final rule entitled ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities located at part #ce of title #ah1 ,code of ,federal ,regulations 7or any successor regulation74 #c ,controlling ,methane ,leaks from ,pipelines #ccaba4 ,improving the natural gas distribution system 7a7 ,program ,the ,secretary of ,energy shall establish a grant program to provide financial assistance to ,states to offset the incremental rate increases paid by low-income households resulting from the implementation of ,state-approved infrastructure replacement1 repair1 and maintenance programs designed to accelerate the necessary replacement1 repair1 or maintenance of natural gas distribution systems4 7b7 ,date of eligibility ,awards may be provided under this section to offset rate increases described in subsection 7a7 occurring on or after the date of enactment of this ,act4 7c7 ,prioritization ,the ,secretary shall collaborate with ,states to prioritize the distribution of grants made under this section4 ,at a minimum1 the ,secretary shall consider prioritizing the distribution of grants to ,states which have-- 7#a7 authorized or adopted enhanced infrastructure replacement programs or innovative rate recovery mechanisms1 such as infrastructure cost trackers and riders1 infrastructure base rate surcharges1 deferred regulatory asset programs1 and earnings stability mechanisms2 and 7#b7 a viable means for delivering financial assistance to low-income households4 7d7 ,auditing and reporting requirements ,the ,secretary shall establish auditing and reporting requirements for ,states with respect to the performance of eligible projects funded pursuant to grants awarded under this section4 7e7 ,prevailing wages ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work assisted1 in whole or in part1 by a grant 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 accordance with subchapter ,,iv of chapter #ca of title #dj4 ,with respect to the labor standards in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj4 7f7 ,definitions ,in this section3 7#a7 ,innovative rate recovery mechanisms ,the term innovative rate recovery mechanisms means rate structures that allow ,state public utility commissions to modify tariffs and recover costs of investments in utility replacement incurred between rate cases4 7#b7 ,low-income household ,the term low-income household means a household that is eligible to receive payments under section #bfje7;b77#b7 of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7;b77#b774 7g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary #bej1jjj1jjj to carry out this section in each fiscal year beginning in fiscal year #bjba and ending in fiscal year #bjbe4 #d ,renewable energy #ccaca4 ,grant program for solar installations located in1 or that serve1 low-income and underserved areas 7a7 ,definitions ,in this section3 7#a7 ,beneficiary ,the term beneficiary means a low-income household or a low-income household in an underserved area4 7#b7 ,community solar facility ,the term community solar facility means a solar generating facility that-- 7,a7 through a voluntary program1 has multiple subscribers that receive financial benefits that are directly attributable to the facility2 7,b7 has a nameplate rating of #e megawatts ,,ac or less2 and 7,c7 is located in the utility distribution service territory of subscribers4 7#c7 ,community solar subscription ,the term community solar subscription means a share in the capacity1 or a proportional interest in the electricity generation1 of a community solar facility4 7#d7 ,covered facility ,the term covered facility means-- 7,a7 a community solar facility-- 7i7 that is located in an underserved area2 or 7ii7 at least #ej percent of the capacity of which is reserved for low-income households2 7,b7 a solar generating facility located at a residence of a low-income household2 or 7,c7 a solar generating facility located at a multi-family affordable housing complex4 7#e7 ,covered ,state ,the term covered ,state means a ,state with processes in place to ensure that covered facilities deliver financial benefits to low-income households4 7#f7 ,eligible entity ,the term eligible entity means-- 7,a7 a nonprofit organization that provides services to low-income households or multi-family affordable housing complexes2 7,b7 a developer1 owner1 or operator of a community solar facility that reserves a portion of the capacity of the facility for subscribers who are members of low-income households or for low-income households that otherwise financially benefit from the facility2 7,c7 a covered ,state1 or political subdivision thereof2 7,d7 an ,indian ,tribe or a tribally owned electric utility2 7,e7 a ,native ,hawaiian community-based organization2 7,f7 any other national or regional entity that has experience developing or installing solar generating facilities for low-income households that maximize financial benefits to those households2 and 7,g7 an electric cooperative or municipal electric utility 7as such terms are defined in section #c of the ,federal ,power ,act74 7#g7 ,eligible installation project ,the term eligible installation project means a project to install a covered facility in a covered ,state4 7#h7 ,eligible planning project ,the term eligible planning project means a project to carry out pre-installation activities for the development of a covered facility in a covered ,state4 7#i7 ,eligible project ,the term eligible project means-- 7,a7 an eligible planning project2 or 7,b7 an eligible installation project4 7#aj7 ,feasibility study ,the term feasibility study means any activity to determine the feasibility of a specific solar generating facility1 including a customer interest assessment and a siting assessment1 as determined by the ,secretary4 7#aa7 ,indian ,tribe ,the term ,indian ,tribe means any ,indian ,tribe1 band1 nation1 or other organized group or community1 including any ,alaska ,native village1 ,regional ,corporation1 or ,village ,corporation 7as defined in1 or established pursuant to1 the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq4771 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#ab7 ,interconnection service ,the term interconnection service has the meaning given such term in section #aaa7;d77#ae7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77#ae774 7#ac7 ,low-income household ,the term low-income household means that income in relation to family size which-- 7,a7 is at or below #bjj percent of the poverty level determined in accordance with criteria established by the ,director of the ,office of ,management and ,budget1 except that the ,secretary may establish a higher level if the ,secretary determines that such a higher level is necessary to carry out the purposes of this section2 7,b7 is the basis on which cash assistance payments have been paid during the preceding #ab-month period under titles ,,iv and ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq41 #acha et seq47 or applicable ,state or local law2 or 7,c7 if a ,state elects1 is the basis for eligibility for assistance under the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq471 provided that such basis is at least #bjj percent of the poverty level determined in accordance with criteria established by the ,director of the ,office of ,management and ,budget4 7#ad7 ,multi-family affordable housing complex ,the term multi-family affordable housing complex means any federally subsidized affordable housing complex in which at least #ej percent of the units are reserved for low-income households4 7#ae7 ,native ,hawaiian community-based organization ,the term ,native ,hawaiian community-based organization means any organization that is composed primarily of ,native ,hawaiians from a specific community and that assists in the social1 cultural1 and educational development of ,native ,hawaiians in that community4 7#af7 ,program ,the term program means the program established under subsection 7b74 7#ag7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ah7 ,solar generating facility ,the term solar generating facility means-- 7,a7 a generator that creates electricity from light photons2 and 7,b7 the accompanying hardware enabling that electricity to flow-- 7i7 onto the electric grid2 7ii7 into a facility or structure2 or 7iii7 into an energy storage device4 7#ai7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 ,guam1 the ,commonwealth of ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,virgin ,islands1 and ,american ,samoa4 7#bj7 ,subscriber ,the term subscriber means a person who-- 7,a7 owns a community solar subscription1 or an equivalent unit or share of the capacity or generation of a community solar facility2 or 7,b7 financially benefits from a community solar facility1 even if the person does not own a community solar subscription for the facility4 7#ba7 ,underserved area ,the term underserved area means-- 7,a7 a geographical area with low or no photovoltaic solar deployment1 as determined by the ,secretary2 7,b7 a geographical area that has low or no access to electricity1 as determined by the ,secretary2 7,c7 a geographical area with an average annual residential retail electricity price that exceeds the national average annual residential retail electricity price 7as reported by the ,energy ,information ,agency7 by #ej percent or more2 or 7,d7 trust land1 as defined in section #cgfe of title #ch1 ,united ,states ,code4 7b7 ,establishment ,the ,secretary shall establish a program to provide financial assistance to eligible entities-- 7#a7 carry out planning projects that are necessary to establish the feasibility1 obtain required permits1 identify beneficiaries1 or secure subscribers to install a covered facility2 or 7#b7 install a covered facility for beneficiaries in accordance with this section4 7c7 ,applications 7#a7 ,in general ,to be eligible to receive assistance under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,inclusion for installation assistance 7,a7 ,requirements ,for an eligible entity to receive assistance for a project to install a covered facility1 the ,secretary shall require the eligible entity to include-- 7i7 information in the application that is sufficient to demonstrate that the eligible entity has obtained1 or has the capacity to obtain1 necessary permits1 subscribers1 access to an installation site1 and any other items or agreements necessary to comply with an agreement under subsection 7g77#a7 and to complete the installation of the applicable covered facility2 7ii7 a description of the mechanism through which financial benefits will be distributed to beneficiaries or subscribers2 and 7iii7 an estimate of the anticipated financial benefit for beneficiaries or subscribers4 7,b7 ,consideration of planning projects ,the ,secretary shall consider the successful completion of an eligible planning project pursuant to subsection 7b77#a7 by the eligible entity to be sufficient to demonstrate the ability of the eligible entity to meet the requirements of subparagraph 7,a77i74 7d7 ,selection 7#a7 ,in general ,in selecting eligible projects to receive assistance under the program1 the ,secretary shall-- 7,a7 prioritize-- 7i7 eligible installation projects that will result in the most financial benefit for subscribers1 as determined by the ,secretary2 7ii7 eligible installation projects that will result in development of covered facilities in underserved areas2 and 7iii7 eligible projects that include apprenticeship1 job training1 or community participation as part of their application2 and 7,b7 ensure that such assistance is provided in a manner that results in eligible projects being carried out on a geographically diverse basis within and among covered ,states4 7#b7 ,determination of financial benefit ,in determining the amount of financial benefit for low-income households of an eligible installation project1 the ,secretary shall ensure that all calculations for estimated household energy savings are based solely on electricity offsets from the applicable covered facility and use formulas established by the ,state or local government with jurisdiction over the applicable covered facility for verifiable household energy savings estimates that accrue to low-income households4 7e7 ,assistance 7#a7 ,form ,the ,secretary may provide assistance under the program in the form of a grant 7which may be in the form of a rebate7 or a low-interest loan4 7#b7 ,multiple projects for same facility 7,a7 ,in general ,an eligible entity may apply for assistance under the program for an eligible planning project and an eligible installation project for the same covered facility4 7,b7 ,separate selections ,selection by the ,secretary for assistance under the program of an eligible planning project does not require the ,secretary to select for assistance under the program an eligible installation project for the same covered facility4 7f7 ,use of assistance 7#a7 ,eligible planning projects ,an eligible entity receiving assistance for an eligible planning project under the program may use such assistance to pay the costs of pre-installation activities associated with an applicable covered facility1 including-- 7,a7 feasibility studies2 7,b7 permitting2 7,c7 site assessment2 7,d7 on-site job training1 or other community-based activities directly associated with the eligible planning project2 or 7,e7 such other costs determined by the ,secretary to be appropriate4 7#b7 ,eligible installation projects ,an eligible entity receiving assistance for an eligible installation project under the program may use such assistance to pay the costs of-- 7,a7 installation of a covered facility1 including costs associated with materials1 permitting1 labor1 or site preparation2 7,b7 storage technology sited at a covered facility2 7,c7 interconnection service expenses2 7,d7 on-site job training1 or other community-based activities directly associated with the eligible installation project2 7,e7 offsetting the cost of a subscription for a covered facility described in subparagraph 7,a7 of subsection 7a77#d7 for subscribers that are members of a low income household2 or 7,f7 such other costs determined by the ,secretary to be appropriate4 7g7 ,administration 7#a7 ,agreements 7,a7 ,in general ,as a condition of receiving assistance under the program1 an eligible entity shall enter into an agreement with the ,secretary4 7,b7 ,requirements ,an agreement entered into under this paragraph-- 7i7 shall require the eligible entity to maintain such records and adopt such administrative practices as the ,secretary may require to ensure compliance with the requirements of this section and the agreement2 7ii7 with respect to an eligible installation project shall require that any solar generating facility installed using assistance provided pursuant to the agreement comply with local building and safety codes and standards2 and 7iii7 shall contain such other terms as the ,secretary may require to ensure compliance with the requirements of this section4 7,c7 ,term ,an agreement under this paragraph shall be for a term that begins on the date on which the agreement is entered into and ends on the date that is #b years after the date on which the eligible entity receives assistance pursuant to the agreement1 which term may be extended once for a period of not more than #a year if the eligible entity demonstrates to the satisfaction of the ,secretary that such an extension is necessary to complete the activities required by the agreement4 7#b7 ,use of funds ,of the funds made available to provide assistance to eligible installation projects under this section over the period of fiscal years #bjba through #bjbe1 the ,secretary shall use-- 7,a7 not less than #ej percent to provide assistance for eligible installation projects with respect to which low-income households make up at least #ej percent of the subscribers to the project2 and 7,b7 not more than #ej percent to provide assistance for eligible installation projects with respect to which low-income households make up at least #be percent of the subscribers to the project4 7#c7 ,regulations ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register regulations to carry out this section1 which shall take effect on the date of publication4 7h7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this section #bjj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 7#b7 ,amounts for planning projects ,of the amounts appropriated pursuant to this section over the period of fiscal years #bjba through #bjbe1 the ,secretary shall use not more than #ae percent of funds to provide assistance to eligible planning projects4 7i7 ,relationship to other assistance ,the ,secretary shall1 to the extent practicable1 encourage eligible entities that receive assistance under this section to leverage such funds by seeking additional funding through federally or locally subsidized weatherization and energy efficiency programs4 #e ,smart ,communities #ccada4 #c;,c energy program 7a7 ,establishment ,the ,secretary of ,energy shall establish a program to be known as the ,cities1 ,counties1 and ,communities ,energy ,program 7or the #c;,c ,energy ,program7 to provide technical assistance and competitively awarded grants to local governments1 public housing authorities1 nonprofit organizations1 and other entities the ,secretary determines to be eligible1 to incorporate clean energy into community development and revitalization efforts4 7b7 ,best practice models ,the ,secretary of ,energy shall-- 7#a7 provide a recipient of technical assistance or a grant under the program established under subsection 7a7 with best practice models that are used in jurisdictions of similar size and situation2 and 7#b7 assist such recipient in developing and implementing strategies to achieve its clean energy technology goals4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 #ccadb4 ,federal technology assistance 7a7 ,smart city or community assistance pilot program 7#a7 ,in general ,the ,secretary of ,energy shall develop and implement a pilot program under which the ,secretary shall contract with the national laboratories to provide technical assistance to cities and communities1 to improve the access of such cities and communities to expertise1 competencies1 and infrastructure of the national laboratories for the purpose of promoting smart city or community technologies4 7#b7 ,partnerships ,in carrying out the program under this subsection1 the ,secretary of ,energy shall prioritize assistance for cities and communities that have partnered with small business concerns4 7b7 ,technologist in residence pilot program 7#a7 ,in general ,the ,secretary of ,energy shall expand the ,technologist in ,residence pilot program of the ,department of ,energy to include partnerships between national laboratories and local governments with respect to research and development relating to smart cities and communities4 7#b7 ,requirements ,for purposes of the partnerships entered into under paragraph 7#a71 technologists in residence shall work with an assigned unit of local government to develop an assessment of smart city or community technologies available and appropriate to meet the objectives of the city or community1 in consultation with private sector entities implementing smart city or community technologies4 7c7 ,guidance ,the ,secretary of ,energy1 in consultation with the ,secretary of ,commerce1 shall issue guidance with respect to-- 7#a7 the scope of the programs established and implemented under subsections 7a7 and 7b72 and 7#b7 requests for proposals from local governments interested in participating in such programs4 7d7 ,considerations ,in establishing and implementing the programs under subsections 7a7 and 7b71 the ,secretary of ,energy shall seek to address the needs of small- and medium-sized cities4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #ccadc4 ,technology demonstration grant program 7a7 ,in general ,the ,secretary of ,commerce shall establish a smart city or community regional demonstration grant program under which the ,secretary shall conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities1 including small- and medium-sized cities4 7b7 ,goals ,the goals of the program established under subsection 7a7 are-- 7#a7 to demonstrate-- 7,a7 potential benefits of concentrated investments in smart city or community technologies relating to public safety that are repeatable and scalable2 and 7,b7 the efficiency1 reliability1 and resilience of civic infrastructure and services2 7#b7 to facilitate the adoption of advanced smart city or community technologies and systems2 and 7#c7 to demonstrate protocols and standards that allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices4 7c7 ,demonstration projects 7#a7 ,eligibility ,subject to paragraph 7#b71 a unit of local government shall be eligible to receive a grant for a demonstration project under this section4 7#b7 ,cooperation ,to qualify for a demonstration project under this section1 a unit of local government shall agree to follow applicable best practices identified by the ,secretary of ,commerce and the ,secretary of ,energy1 in consultation with industry entities1 to evaluate the effectiveness of the implemented smart city or community technologies to ensure that-- 7,a7 technologies and interoperability can be assessed2 7,b7 best practices can be shared2 and 7,c7 data can be shared in a public1 interoperable1 and transparent format4 7#c7 ,federal share of cost of technology investments ,the ,secretary of ,commerce-- 7,a7 subject to subparagraph 7,b71 shall provide to a unit of local government selected under this section for the conduct of a demonstration project a grant in an amount equal to not more than #ej percent of the total cost of technology investments to incorporate and assess smart city or community technologies in the applicable jurisdiction2 but 7,b7 may waive the cost-share requirement of subparagraph 7,a7 as the ,secretary determines to be appropriate4 7d7 ,requirement ,in conducting demonstration projects under this section1 the ,secretary shall-- 7#a7 develop competitive1 technology-neutral requirements2 7#b7 seek to leverage ongoing or existing civic infrastructure investments2 and 7#c7 take into consideration the non-,federal cost share as a competitive criterion in applicant selection in order to leverage non-,federal investment4 7e7 ,public availability of data and reports ,the ,secretary of ,commerce shall ensure that reports1 public data sets1 schematics1 diagrams1 and other works created using a grant provided under this section are-- 7#a7 available on a royalty-free1 non-exclusive basis2 and 7#b7 open to the public to reproduce1 publish1 or otherwise use1 without cost4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out subsection 7c7 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #ccadd4 ,smart city or community 7a7 ,in general ,in this chapter1 the term smart city or community means a community in which innovative1 advanced1 and trustworthy information and communication technologies and related mechanisms are applied-- 7#a7 to improve the quality of life for residents2 7#b7 to increase the efficiency and cost effectiveness of civic operations and services2 7#c7 to promote economic growth2 and 7#d7 to create a community that is safer and more secure1 sustainable1 resilient1 livable1 and workable4 7b7 ,inclusions ,the term smart city or community includes a local jurisdiction that-- 7#a7 gathers and incorporates data from systems1 devices1 and sensors embedded in civic systems and infrastructure to improve the effectiveness and efficiency of civic operations and services2 7#b7 aggregates and analyzes gathered data2 7#c7 communicates the analysis and data in a variety of formats2 7#d7 makes corresponding improvements to civic systems and services based on gathered data2 and 7#e7 integrates measures-- 7,a7 to ensure the resilience of civic systems against cybersecurity threats and physical and social vulnerabilities and breaches2 7,b7 to protect the private data of residents2 and 7,c7 to measure the impact of smart city or community technologies on the effectiveness and efficiency of civic operations and services4 #ccade4 ,clean cities coalition program 7a7 ,in general ,the ,secretary shall carry out a program to be known as the ,clean ,cities ,coalition ,program4 7b7 ,program elements ,in carrying out the program under subsection 7a71 the ,secretary shall-- 7#a7 establish criteria for designating local and regional ,clean ,cities ,coalitions2 7#b7 designate local and regional ,clean ,cities ,coalitions that the ,secretary determines meet the criteria established under paragraph 7#a72 7#c7 make awards to each designated ,clean ,cities ,coalition for administrative and program expenses of the coalition2 7#d7 make competitive awards to designated ,clean ,cities ,coalitions for projects and activities described in subsection 7c72 7#e7 provide technical assistance and training to designated ,clean ,cities ,coalitions2 7#f7 provide opportunities for communication and sharing of best practices among designated ,clean ,cities ,coalitions2 and 7#g7 maintain1 and make available to the public1 a centralized database of information included in the reports submitted under subsection 7d74 7c7 ,projects and activities ,projects and activities eligible for awards under subsection 7b77#d7 are projects and activities that reduce petroleum consumption1 improve air quality1 promote energy and economic security1 and encourage deployment of a diverse1 domestic supply of alternative fuels in the transportation sector by-- 7#a7 encouraging the purchase and use of alternative fuel vehicles and alternative fuels1 including by fleet managers2 7#b7 expediting the establishment of local1 regional1 and national infrastructure to fuel alternative fuel vehicles2 7#c7 advancing the use of other petroleum fuel reduction technologies and strategies2 7#d7 conducting outreach and education activities to advance the use of alternative fuels and alternative fuel vehicles2 7#e7 providing training and technical assistance and tools to users that adopt petroleum fuel reduction technologies2 or 7#f7 collaborating with and training officials and first responders with responsibility for permitting and enforcing fire1 building1 and other safety codes related to the deployment and use of alternative fuels or alternative fuel vehicles4 7d7 ,annual report ,each designated ,clean ,cities ,coalition shall submit an annual report to the ,secretary on the activities and accomplishments of the coalition4 7e7 ,definitions ,in this section3 7#a7 ,alternative fuel ,the term alternative fuel has the meaning given such term in section #cbija of title #di1 ,united ,states ,code4 7#b7 ,alternative fuel vehicle ,the term alternative fuel vehicle means any vehicle that is capable of operating1 partially or exclusively1 on an alternative fuel4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7f7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7,a7 #ej1jjj1jjj for fiscal year #bjba2 7,b7 #fj1jjj1jjj for fiscal year #bjbb2 7,c7 #ge1jjj1jjj for fiscal year #bjbc2 7,d7 #ij1jjj1jjj for fiscal year #bjbd2 and 7,e7 #ajj1jjj1jjj for fiscal year #bjbe4 7#b7 ,allocations ,the ,secretary shall allocate funds made available to carry out this section in each fiscal year as follows3 7,a7 ,thirty percent of such funds shall be distributed as awards under subsection 7b77#c74 7,b7 ,fifty percent of such funds shall be distributed as competitive awards under subsection 7b77#d74 7,c7 ,twenty percent of such funds shall be used to carry out the duties of the ,secretary under this section4 #f ,brownfields #ccaea4 ,brownfields funding 7a7 ,authorization of appropriations ,section #ajd7k77#ac7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#ac77 is amended to read as follows3 7#ac7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #cej1jjj1jjj for fiscal year #bjba2 7,b7 #djj1jjj1jjj for fiscal year #bjbb2 7,c7 #dej1jjj1jjj for fiscal year #bjbc2 7,d7 #ejj1jjj1jjj for fiscal year #bjbd2 and 7,e7 #eej1jjj1jjj for fiscal year #bjbe4 4 7b7 ,state response programs ,section #abh7;a77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbh7;a77#c77 is amended to read as follows3 7#c7 ,funding ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #gj1jjj1jjj for fiscal year #bjba2 7,b7 #hj1jjj1jjj for fiscal year #bjbb2 7,c7 #ij1jjj1jjj for fiscal year #bjbc2 7,d7 #ajj1jjj1jjj for fiscal year #bjbd2 and 7,e7 #aaj1jjj1jjj for fiscal year #bjbe4 4 #g ,indian ,energy #ccafa4 ,indian energy 7a7 ,definition of ,indian land ,section #bfja7b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7b77 is amended-- 7#a7 in subparagraph 7,b77iii71 by striking and2 7#b7 in subparagraph 7,c71 by striking land4 and inserting land2 and2 and 7#c7 by adding at the end the following subparagraph3 7,d7 any land in a census tract in which the majority of the residents are ,natives 7as defined in section #c7;b7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7;b7774 4 7b7 ,reduction of cost share ,section #bfjb7;b77#e7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#e77 is amended by adding at the end the following subparagraph3 7,d7 ,the ,director may reduce any applicable cost share required of an ,indian tribe1 intertribal organization1 or tribal energy development organization in order to receive a grant under this subsection to not less than #aj percent if the ,indian tribe1 intertribal organization1 or tribal energy development organization meets criteria developed by the ,director1 including financial need4 7,e7 ,section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7 shall not apply to grants provided under this subsection4 4 7c7 ,authorization ,section #bfjb7;b77#g7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#g77 is amended by striking #bj1jjj1jjj for each of fiscal years #bjjf through #bjaf and inserting #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 #ccafb4 ,report on electricity access and reliability 7a7 ,assessment ,the ,secretary of ,energy shall conduct an assessment of the status of access to electricity by households residing in ,tribal communities or on ,indian land1 and the reliability of electric service available to households residing in ,tribal communities or on ,indian land1 as compared to the status of access to and reliability of electricity within neighboring ,states or within the ,state in which ,indian land is located4 7b7 ,consultation ,the ,secretary of ,energy shall consult with ,indian ,tribes1 ,tribal organizations1 the ,north ,american ,electricity ,reliability ,corporation1 and the ,federal ,energy ,regulatory ,commission in the development and conduct of the assessment under subsection 7a74 ,indian ,tribes and ,tribal organizations shall have the opportunity to review and make recommendations regarding the development of the assessment and the findings of the assessment1 prior to the submission of the report under subsection 7c74 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of the assessment conducted under subsection 7a71 which shall include-- 7#a7 a description of generation1 transmission1 and distribution assets available to provide electricity to households residing in ,tribal communities or on ,indian land2 7#b7 a survey of the retail and wholesale prices of electricity available to households residing in ,tribal communities or on ,indian land2 7#c7 a description of participation of ,tribal members in the electric utility workforce1 including the workforce for construction and maintenance of renewable energy resources and distributed energy resources2 7#d7 the percentage of households residing in ,tribal communities or on ,indian land that do not have access to electricity2 7#e7 the potential of distributed energy resources to provide electricity to households residing in ,tribal communities or on ,indian land2 7#f7 the potential for tribally-owned electric utilities or electric utility assets to participate in or benefit from regional electricity markets2 7#g7 a description of the barriers to providing access to electric service to households residing in ,tribal communities or on ,indian land2 and 7#h7 recommendations to improve access to and reliability of electric service for households residing in ,tribal communities or on ,indian land4 7d7 ,definitions ,in this section3 7#a7 ,tribal member ,the term ,tribal member means a person who is an enrolled member of a federally recognized ,tribe or village4 7#b7 ,tribal community ,the term ,tribal community means a community in a ,united ,states census tract in which the majority of residents are persons who are enrolled members of a federally recognized ,tribe or village4 #h ,hydropower and ,dam ,safety #ccaga4 ,hydroelectric production incentives and efficiency improvements 7a7 ,hydroelectric production incentives ,section #bdb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha7 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,qualified hydroelectric facility ,the term qualified hydroelectric facility means a turbine or other generating device owned or solely operated by a non-,federal entity-- 7,a7 that generates hydroelectric energy for sale2 and 7,b7 7i7 that is added to an existing dam or conduit2 or 7ii7 7,i7 that has a generating capacity of not more than #aj megawatts2 7,,ii7 for which the non-,federal entity has received a construction authorization from the ,federal ,energy ,regulatory ,commission1 if applicable2 and 7,,iii7 that is constructed in a region in which there is inadequate electric service1 as determined by the ,secretary4 2 7#b7 in subsection 7c71 by striking #aj and inserting #bb2 7#c7 in subsection 7e77#b71 by striking section #bi7;d77#b77;,b7 and inserting section #de,k7d77#b77;,b72 7#d7 in subsection 7f71 by striking #bj and inserting #cb2 and 7#e7 in subsection 7g71 by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjai through #bjcf4 7b7 ,hydroelectric efficiency improvement ,section #bdc7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehhb7;c77 is amended by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjai through #bjcf4 #ccagb4 ,,ferc briefing on ,edenville ,dam and ,sanford ,dam failures ,not later than #ij days after the date on which the ,forensic ,investigation ,team submits to the ,federal ,energy ,regulatory ,commission the reports on the root causes1 and any other contributing causes1 of the ,edenville ,dam and ,sanford ,dam failures1 the ,federal ,energy ,regulatory ,commission shall conduct a briefing for1 and submit a report summarizing such briefing to1 the ,committee on ,energy and ,commerce of the ,house of ,representatives that includes-- 7#a7 an explanation of the findings of the ,forensic ,investigation ,team reports on the root causes1 and any other contributing causes1 of the ,edenville ,dam and ,sanford ,dam failures2 7#b7 a determination of whether the dam safety procedures of the ,federal ,energy ,regulatory ,commission should be revised in light of the lessons learned from such reports2 7#c7 a determination of whether additional safety inspections of dams should be required after large storms2 7#d7 a determination of whether the safety requirements and testing protocols for dams adequately account for the projected effects of climate change and atmospheric rivers on dams2 and 7#e7 a determination of whether additional actions should be taken to ensure the safety of dams that operate without an emergency spillway4 #ccagc4 ,dam safety conditions ,section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7 is amended by adding at the end the following3 7k7 ,that the dam and other project works meet the ,commission's dam safety requirements and that the licensee shall continue to manage1 operate1 and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the license4 4 #ccagd4 ,dam safety requirements ,section #ae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjh7 is amended by adding at the end the following3 7g7 ,the ,commission may issue a new license under this section only if the ,commission determines that the dam and other project works covered by the license meet the ,commission's dam safety requirements and that the licensee can continue to manage1 operate1 and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the new license4 4 #ccage4 ,viability procedures ,the ,federal ,energy ,regulatory ,commission shall establish procedures to assess the financial viability of an applicant for a license under the ,federal ,power ,act to meet applicable dam safety requirements and to operate the dam and project works under the license4 #ccagf4 ,,ferc dam safety technical conference with ,states 7a7 ,technical conference ,not later than ,april #a1 #bjba1 the ,federal ,energy ,regulatory ,commission1 acting through the ,office of ,energy ,projects1 shall hold a technical conference with the ,states to discuss and provide information on-- 7#a7 dam maintenance and repair2 7#b7 ,risk ,informed ,decision ,making 7,,ridm72 7#c7 climate and hydrological regional changes that may affect the structural integrity of dams2 and 7#d7 high hazard dams4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #a1jjj1jjj for fiscal year #bjba4 7c7 ,state defined ,in this section1 the term ,state has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #ccagg4 ,required dam safety communications between ,,ferc and ,states 7a7 ,in general ,the ,commission1 acting through the ,office of ,energy ,projects1 shall notify a ,state within which a project is located when-- 7#a7 the ,commission issues a finding1 following a dam safety inspection1 that requires the licensee for such project to take actions to repair the dam and other project works that are the subject of such finding2 7#b7 after a period of #e years starting on the date a finding under paragraph 7#a7 is issued1 the licensee has failed to take actions to repair the dam and other project works1 as required by such finding2 and 7#c7 the ,commission initiates a non-compliance proceeding or otherwise takes steps to revoke a license issued under section #d of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7 due to the failure of a licensee to take actions to repair a dam and other project works4 7b7 ,notice upon revocation1 surrender1 or implied surrender of a license ,if the ,commission issues an order to revoke a license or approve the surrender or implied surrender of a license under the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 the ,commission shall provide to the ,state within which the project that relates to such license is located-- 7#a7 all records pertaining to the structure and operation of the applicable dam and other project works1 including1 as applicable1 any dam safety inspection reports by independent consultants1 specifications for required repairs or maintenance of such dam and other project works that have not been completed1 and estimates of the costs for such repairs or maintenance2 7#b7 all records documenting the history of maintenance or repair work for the applicable dam and other project works2 7#c7 information on the age of the dam and other project works and the hazard classification of the dam and other project works2 7#d7 the most recent assessment of the condition of the dam and other project works by the ,commission2 7#e7 as applicable1 the most recent hydrologic information used to determine the potential maximum flood for the dam and other project works2 and 7#f7 the results of the most recent risk assessment completed on the dam and other project works4 7c7 ,definition ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,licensee ,the term licensee has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#c7 ,project ,the term project has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #ccagh4 ,consideration of invasive species ,section #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #haa7 is amended by inserting ,in prescribing a fishway1 the ,secretary of ,commerce or the ,secretary of the ,interior1 as appropriate1 shall consider the threat of invasive species4 before ,the license applicant and any party to the proceeding shall be entitled to a determination on the record14 #i ,loan ,program ,office ,reform #ccaha4 ,loan program office title ,,xvii reform 7a7 ,terms and conditions ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,specific appropriation or contribution 7#a7 ,in general ,except as provided in paragraph 7#b71 the cost of a guarantee shall be paid by the ,secretary using an appropriation made for the cost of the guarantee1 subject to the availability of such an appropriation4 7#b7 ,insufficient appropriations ,if sufficient appropriated funds to pay the cost of a guarantee are not available1 then the guarantee shall not be made unless-- 7,a7 the ,secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the ,treasury2 or 7,b7 a combination of one or more appropriations and one or more payments from the borrower under this subsection has been made that is sufficient to cover the cost of the guarantee4 2 7#b7 in subsection 7h77#a71 by striking charge and collect fees and inserting charge1 and collect at the financial close of the obligation1 fees2 and 7#c7 by adding at the end the following3 7l7 ,application status 7#a7 ,request ,if the ,secretary does not make a final decision on an application for a guarantee under this section by the date that is #bgj days after receipt of the application by the ,secretary1 on that date and every #ij days thereafter until the final decision is made1 the applicant may request that the ,secretary provide to the applicant a description of the status of the application4 7#b7 ,response ,not later than #aj days after receiving a request from an applicant under paragraph 7#a71 the ,secretary shall provide to the applicant a response that includes-- 7,a7 a summary of any factors that are delaying a final decision on the application2 and 7,b7 an estimate of when review of the application will be completed4 4 7b7 ,project eligibility expansion ,section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 utilize after reduce2 and 7,b7 in paragraph 7#b71 by striking 4 and inserting the following3 which may include-- 7,a7 a system of technologies that combine existing technologies in an innovative manner2 7,b7 projects containing elements of commercial technologies in combination with new or significantly improved technologies2 or 7,c7 projects that incorporate new and innovative platform technologies developed outside the energy sector that enable modernization of existing energy infrastructure and systems4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#e7-- 7i7 by adding 1 utilization1 after capture2 and 7ii7 by inserting and technologies that capture greenhouse gases already airborne after sequester carbon2 and 7,b7 by adding at the end the following3 7#aa7 ,energy storage technologies1 including battery storage technologies1 for residential1 industrial1 and transportation applications4 7#ab7 ,technologies and systems for reducing high global warming potential pollutants1 including methane leakage from natural gas transmission and distribution infrastructure4 7#ac7 ,manufacturing and deployment of nuclear supply components for advanced nuclear reactors4 7#ad7 ,system-level energy management solutions4 7#ae7 ,application of platform technologies1 including data analytics1 artificial intelligence1 and other software to improve the energy efficiency and effectiveness of energy infrastructure1 including electric grid operations4 7#af7 ,energy-water use efficiency in water resources infrastructure and water-using technologies4 7#ag7 ,innovative technologies for improving the resilience or reliability of existing energy infrastructure4 2 and 7#c7 by adding at the end the following3 7f7 ,regional variation ,the ,secretary shall account for regional variation in commercial technology deployment such that no project shall be ineligible for assistance under this title because a similar project exists in a different region than the proposed project4 4 7c7 ,state loan eligibility 7#a7 ,definitions ,section #agja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7 is amended by adding at the end the following3 7#f7 ,state ,the term ,state has the meaning given the term in section #bjb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjb74 7#g7 ,state energy financing institution 7,a7 ,in general ,the term ,state energy financing institution means a quasi-independent entity or an entity within a ,state agency or financing authority established by a ,state-- 7i7 to provide financing support or credit enhancements1 including loan guarantees and loan loss reserves1 for eligible projects2 and 7ii7 to create liquid markets for eligible projects1 including warehousing and securitization1 or take other steps to reduce financial barriers to the deployment of existing and new eligible projects4 7,b7 ,inclusion ,the term ,state energy financing institution includes an entity or organization established to achieve the purposes described in clauses 7i7 and 7ii7 of subparagraph 7,a7 by an ,indian tribal entity or an ,alaska ,native ,corporation4 4 7#b7 ,eligibility ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended-- 7,a7 in subsection 7a71 by inserting 1 including projects receiving financial support or credit enhancements from a ,state energy financing institution1 after for projects2 7,b7 in subsection 7d77#a71 by inserting 1 including a guarantee for a project receiving financial support or credit enhancements from a ,state energy financing institution1 after ,no guarantee2 and 7,c7 by adding at the end the following3 7m7 ,state energy financing institutions 7#a7 ,eligibility ,to be eligible for a guarantee under this title1 a project receiving financial support or credit enhancements from a ,state energy financing institution-- 7,a7 shall meet the requirements of section #agjc7;a77#a72 and 7,b7 shall not be required to meet the requirements of section #agjc7;a77#b74 7#b7 ,partnerships authorized ,in carrying out a project receiving a guarantee under this title1 ,state energy financing institutions may enter into partnerships with private entities1 ,tribal entities1 and ,alaska ,native corporations4 4 #aj ,climate ,action ,planning for ,ports #ccaia4 ,grants ,to reduce greenhouse gas emissions at ports 7a7 ,grants ,the ,administrator of the ,environmental ,protection ,agency may award grants to eligible entities-- 7#a7 to implement plans to reduce greenhouse gas emissions at one or more ports or port facilities within the jurisdictions of the respective eligible entities2 and 7#b7 to develop climate action plans described in subsection 7b77#b74 7b7 ,application 7#a7 ,in general ,to seek a grant under this section1 an eligible entity shall submit an application to the ,administrator of the ,environmental ,protection ,agency at such time1 in such manner1 and containing such information and assurances as the ,administrator may require4 7#b7 ,climate action plan ,at a minimum1 each such application shall contain-- 7,a7 a detailed and strategic plan1 to be known as a climate action plan1 that outlines how the eligible entity will develop and implement climate change mitigation or adaptation measures through the grant2 or 7,b7 a request pursuant to subsection 7a77#b7 for funding for the development of a climate action plan4 7#c7 ,required components ,a climate action plan under paragraph 7#b7 shall demonstrate that the measures proposed to be implemented through the grant-- 7,a7 will reduce greenhouse gas emissions at the port or port facilities involved pursuant to greenhouse gas emission reduction goals set forth in the climate action plan2 7,b7 will reduce other air pollutants at the port or port facilities involved pursuant to criteria pollutant emission reduction goals set forth in the climate action plan2 7,c7 will implement emissions accounting and inventory practices to determine baseline emissions and measure progress2 and 7,d7 will ensure labor protections for workers employed directly at the port or port facilities involved1 including by-- 7i7 demonstrating that implementation of the measures proposed to be implemented through the grant will not result in a net loss of jobs at the port or port facilities involved2 7ii7 ensuring that laborers and mechanics employed by contractors and subcontractors on construction projects to implement the plan will be paid wages not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor under sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code2 and 7iii7 requiring any projects initiated to carry out the plan with total capital costs of #a1jjj1jjj or greater to utilize a project labor agreement and not impact any preexisting project labor agreement4 7#d7 ,other components ,in addition to the components required by paragraph 7#c71 a climate action plan under paragraph 7#b7 shall demonstrate that the measures proposed to be implemented through the grant will do at least two of the following3 7,a7 ,improve energy efficiency at a port or port facility1 including by using-- 7i7 energy-efficient vehicles1 such as hybrid1 low-emission1 or zero-emission vehicles2 7ii7 energy efficient cargo-handling1 harbor vessels1 or storage facilities such as energy-efficient refrigeration equipment2 7iii7 energy-efficient lighting2 7iv7 shore power2 or 7v7 other energy efficiency improvements4 7,b7 ,deploy technology or processes that reduce idling of vehicles at a port or port facility4 7,c7 ,reduce the direct emissions of greenhouse gases and other air pollutants with a goal of achieving zero emissions1 including by replacing and retrofitting equipment 7including vehicles onsite1 cargo-handling equipment1 or harbor vessels7 at a port or port facility4 7#e7 ,prohibited use ,an eligible entity may not use a grant provided under this section-- 7,a7 to purchase fully automated cargo handling equipment2 7,b7 to build1 or plan to build1 terminal infrastructure that is designed for fully automated cargo handling equipment2 7,c7 to purchase1 test1 or develop highly automated trucks1 chassis1 or any related equipment that can be used to transport containerized freight2 or 7,d7 to utilize any independent contractor1 independent owner-operator1 or other entity that does not use employees to perform any work on the port or port facilities4 7#f7 ,coordination with stakeholders ,in developing a climate action plan under paragraph 7#b71 an eligible entity shall-- 7,a7 identify and collaborate with stakeholders who may be affected by the plan1 including local environmental justice communities and other near-port communities2 7,b7 address the potential cumulative effects of the plan on stakeholders when those effects may have a community-level impact2 and 7,c7 ensure effective advance communication with stakeholders to avoid and minimize conflicts4 7c7 ,priority ,in awarding grants under this section1 the ,administrator of the ,environmental ,protection ,agency shall give priority to applicants proposing-- 7#a7 to strive for zero emissions as a key strategy within the grantee's climate action plan under paragraph 7#b72 7#b7 to take a regional approach to reducing greenhouse gas emissions at ports2 7#c7 to collaborate with near-port communities to identify and implement mutual solutions to reduce air pollutants at ports or port facilities affecting such communities1 with emphasis given to implementation of such solutions in near-port communities that are environmental justice communities2 7#d7 to implement activities with off-site benefits1 such as by reducing air pollutants from vehicles1 equipment1 and vessels at sites other than the port or port facilities involved2 and 7#e7 to reduce localized health risk pursuant to health risk reduction goals that are set within the grantee's climate action plan under paragraph 7#b74 7d7 ,model methodologies ,the ,administrator of the ,environmental ,protection ,agency shall-- 7#a7 develop model methodologies which grantees under this section may choose to use for emissions accounting and inventory practices referred to in subsection 7b77#c77;,c72 and 7#b7 ensure that such methodologies are designed to measure progress in reducing air pollution at near-port communities4 7e7 ,definitions ,in this section3 7#a7 ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,the term cargo-handling equipment includes-- 7,a7 ship-to-shore container cranes and other cranes2 7,b7 container-handling equipment2 and 7,c7 equipment for moving or handling cargo1 including trucks1 reachstackers1 toploaders1 and forklifts4 7#c7 ,the term eligible entity means-- 7,a7 a port authority2 7,b7 a ,state1 regional1 local1 or ,tribal agency that has jurisdiction over a port authority or a port2 7,c7 an air pollution control district2 or 7,d7 a private entity 7including any nonprofit organization7 that-- 7i7 applies for a grant under this section in collaboration with an entity described in subparagraph 7,a71 7,b71 or 7,c7 2 and 7ii7 owns1 operates1 or uses a port facility1 cargo equipment1 transportation equipment1 related technology1 or a warehouse facility at a port or port facility4 7#d7 ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#e7 ,the term harbor vessel includes a ship1 boat1 lighter1 or maritime vessel designed for service at and around harbors and ports4 7#f7 ,the term inland port means a logistics or distribution hub that is located inland from navigable waters1 where cargo1 such as break-bulk cargo or cargo in shipping containers1 is processed1 stored1 and transferred between trucks1 rail cars1 or aircraft4 7#g7 ,the term port includes an inland port4 7#h7 ,the term stakeholder means residents1 community groups1 businesses1 business owners1 labor unions1 commission members1 or groups from which a near-port community draws its resources that-- 7,a7 have interest in the climate action plan of a grantee under this section2 or 7,b7 can affect or be affected by the objectives and policies of such a climate action plan4 7f7 ,authorization of appropriations 7#a7 ,in general ,to carry out this section1 there is authorized to be appropriated #bej1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,development of climate action plans ,in addition to the authorization of appropriations in paragraph 7#a71 there is authorized to be appropriated for grants pursuant to subsection 7a77#b7 to develop climate action plans #ej1jjj1jjj for fiscal year #bjba1 to remain available until expended4 #aa ,clean ,energy and ,sustainability ,accelerator #ccaib4 ,clean ,energy and ,sustainability ,accelerator ,title ,,xvi of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh1 as amended7 is amended by adding at the end the following new subtitle3 ,c ,clean ,energy and ,sustainability ,accelerator #afba4 ,definitions ,in this subtitle3 7#a7 ,accelerator ,the term ,accelerator means the ,clean ,energy and ,sustainability ,accelerator established under section #afbb4 7#b7 ,board ,the term ,board means the ,board of ,directors of the ,accelerator4 7#c7 ,chief executive officer ,the term chief executive officer means the chief executive officer of the ,accelerator4 7#d7 ,climate-impacted communities ,the term climate-impacted communities includes-- 7,a7 communities of color1 which include any geographically distinct area the population of color of which is higher than the average population of color of the ,state in which the community is located2 7,b7 communities that are already or are likely to be the first communities to feel the direct negative effects of climate change2 7,c7 distressed neighborhoods1 demonstrated by indicators of need1 including poverty1 childhood obesity rates1 academic failure1 and rates of juvenile delinquency1 adjudication1 or incarceration2 7,d7 low-income communities1 defined as any census block group in which #cj percent or more of the population are individuals with low income2 7,e7 low-income households1 defined as a household with annual income equal to1 or less than1 the greater of-- 7i7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7ii7 #bjj percent of the ,federal poverty line2 and 7,f7 rural areas1 which include any area other than-- 7i7 a city or town that has a population of greater than #ej1jjj inhabitants2 and 7ii7 any urbanized area contiguous and adjacent to a city or town described in clause 7i74 7#e7 ,climate resilient infrastructure ,the term climate resilient infrastructure means any project that builds or enhances infrastructure so that such infrastructure-- 7,a7 is planned1 designed1 and operated in a way that anticipates1 prepares for1 and adapts to changing climate conditions2 and 7,b7 can withstand1 respond to1 and recover rapidly from disruptions caused by these climate conditions4 7#f7 ,electrification ,the term electrification means the installation1 construction1 or use of end-use electric technology that replaces existing fossil-fuel-based technology4 7#g7 ,energy efficiency ,the term energy efficiency means any project1 technology1 function1 or measure that results in the reduction of energy use required to achieve the same level of service or output prior to the application of such project1 technology1 function1 or measure1 or substantially reduces greenhouse gas emissions relative to emissions that would have occurred prior to the application of such project1 technology1 function1 or measure4 7#h7 ,fuel switching ,the term fuel switching means any project that replaces a fossil-fuel-based heating system with an electric-powered system or one powered by biomass-generated heat4 7#i7 ,green bank ,the term green bank means a dedicated public or nonprofit specialized finance entity that-- 7,a7 is designed to drive private capital into market gaps for low- and zero-emission goods and services2 7,b7 uses finance tools to mitigate climate change2 7,c7 does not take deposits2 7,d7 is funded by government1 public1 private1 or charitable contributions2 and 7,e7 invests or finances projects-- 7i7 alone2 or 7ii7 in conjunction with other investors4 7#aj7 ,qualified projects ,the terms qualified projects means the following kinds of technologies and activities that are eligible for financing and investment from the ,clean ,energy and ,sustainability ,accelerator1 either directly or through ,state and local green banks funded by the ,clean ,energy and ,sustainability ,accelerator3 7,a7 ,renewable energy generation1 including the following3 7i7 ,solar4 7ii7 ,wind4 7iii7 ,geothermal4 7iv7 ,hydropower4 7v7 ,ocean and hydrokinetic4 7vi7 ,fuel cell4 7,b7 ,building energy efficiency1 fuel switching1 and electrification4 7,c7 ,industrial decarbonization4 7,d7 ,grid technology such as transmission1 distribution1 and storage to support clean energy distribution1 including smart-grid applications4 7,e7 ,agriculture and forestry projects that reduce net greenhouse gas emissions4 7,f7 ,clean transportation1 including the following3 7i7 ,battery electric vehicles4 7ii7 ,plug-in hybrid electric vehicles4 7iii7 ,hydrogen vehicles4 7iv7 ,other zero-emissions fueled vehicles4 7v7 ,related vehicle charging and fueling infrastructure4 7,g7 ,climate resilient infrastructure4 7,h7 ,any other key areas identified by the ,board as consistent with the mandate of the ,accelerator as described in section #afbc4 7#aa7 ,renewable energy generation ,the term renewable energy generation means electricity created by sources that are continually replenished by nature1 such as the sun1 wind1 and water4 #afbb4 ,establishment 7a7 ,in general ,not later than #a year after the date of enactment of this subtitle1 there shall be established a nonprofit corporation to be known as the ,clean ,energy and ,sustainability ,accelerator4 7b7 ,limitation ,the ,accelerator shall not be an agency or instrumentality of the ,federal ,government4 7c7 ,full faith and credit ,the full faith and credit of the ,united ,states shall not extend to the ,accelerator4 7d7 ,nonprofit status ,the ,accelerator shall maintain its status as an organization exempt from taxation under the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #a et seq474 #afbc4 ,mandate ,the ,accelerator shall make the ,united ,states a world leader in combating the causes and effects of climate change through the rapid deployment of mature technologies and scaling of new technologies by maximizing the reduction of emissions in the ,united ,states for every dollar deployed by the ,accelerator1 including by-- 7#a7 providing financing support for investments in the ,united ,states in low- and zero-emissions technologies and processes in order to rapidly accelerate market penetration2 7#b7 catalyzing and mobilizing private capital through ,federal investment and supporting a more robust marketplace for clean technologies1 while avoiding competition with private investment2 7#c7 enabling climate-impacted communities to benefit from and afford projects and investments that reduce emissions2 7#d7 providing support for workers and communities impacted by the transition to a low-carbon economy2 7#e7 supporting the creation of green banks within the ,united ,states where green banks do not exist2 and 7#f7 causing the rapid transition to a clean energy economy without raising energy costs to end users and seeking to lower costs where possible4 #afbd4 ,finance and investment division 7a7 ,in general ,there shall be within the ,accelerator a finance and investment division1 which shall be responsible for-- 7#a7 the ,accelerator's greenhouse gas emissions mitigation efforts by directly financing qualifying projects or doing so indirectly by providing capital to ,state and local green banks2 7#b7 originating1 evaluating1 underwriting1 and closing the ,accelerator's financing and investment transactions in qualified projects2 7#c7 partnering with private capital providers and capital markets to attract coinvestment from private banks1 investors1 and others in order to drive new investment into underpenetrated markets1 to increase the efficiency of private capital markets with respect to investing in greenhouse gas reduction projects1 and to increase total investment caused by the ,accelerator2 7#d7 managing the ,accelerator's portfolio of assets to ensure performance and monitor risk2 7#e7 ensuring appropriate debt and risk mitigation products are offered2 and 7#f7 overseeing prudent1 noncontrolling equity investments4 7b7 ,products and investment types ,the finance and investment division of the ,accelerator may provide capital to qualified projects in the form of-- 7#a7 senior1 mezzanine1 and subordinated debt2 7#b7 credit enhancements including loan loss reserves and loan guarantees2 7#c7 aggregation and warehousing2 7#d7 equity capital2 and 7#e7 any other financial product approved by the ,board4 7c7 ,state and local green bank capitalization ,the finance and investment division of the ,accelerator shall make capital available to ,state and local green banks to enable such banks to finance qualifying projects in their markets that are better served by a locally based entity1 rather than through direct investment by the ,accelerator4 7d7 ,investment committee ,the debt1 risk mitigation1 and equity investments made by the ,accelerator shall be-- 7#a7 approved by the investment committee of the ,board2 and 7#b7 consistent with an investment policy that has been established by the investment committee of the ,board in consultation with the risk management committee of the ,board4 #afbe4 ,start-up ,division ,there shall be within the ,accelerator a ,start-up ,division1 which shall be responsible for providing technical assistance and start-up funding to ,states and other political subdivisions that do not have green banks to establish green banks in those ,states and political subdivisions1 including by working with relevant stakeholders in those ,states and political subdivisions4 #afbf4 ,zero-emissions fleet and related infrastructure financing program ,not later than #a year after the date of establishment of the ,accelerator1 the ,accelerator shall explore the establishment of a program to provide low- and zero-interest loans1 up to #cj years in length1 to any school1 metropolitan planning organization1 or nonprofit organization seeking financing for the acquisition of zero-emissions vehicle fleets or associated infrastructure to support zero-emissions vehicle fleets4 #afbg4 ,project prioritization and requirements 7a7 ,emissions reduction mandate ,in investing in projects that mitigate greenhouse gas emissions1 the ,accelerator shall maximize the reduction of emissions in the ,united ,states for every dollar deployed by the ,accelerator4 7b7 ,environmental justice prioritization 7#a7 ,in general ,in order to address environmental justice needs1 the ,accelerator shall1 as applicable1 prioritize the provision of program benefits and investment activity that are expected to directly or indirectly result in the deployment of projects to serve1 as a matter of official policy1 climate-impacted communities4 7#b7 ,minimum percentage ,the ,accelerator shall ensure that over the #cj-year period of its charter #bj percent of its investment activity is directed to serve climate-impacted communities4 7c7 ,consumer protection 7#a7 ,prioritization ,consistent with mandate under section #afbc to maximize the reduction of emissions in the ,united ,states for every dollar deployed by the ,accelerator1 the ,accelerator shall prioritize qualified projects according to benefits conferred on consumers and affected communities4 7#b7 ,consumer credit protection ,the ,accelerator shall ensure that any residential energy efficiency or distributed clean energy project in which the ,accelerator invests directly or indirectly complies with the requirements of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afja et seq471 including1 in the case of a financial product that is a residential mortgage loan1 any requirements of title ,i of that ,act relating to residential mortgage loans 7including any regulations promulgated by the ,bureau of ,consumer ,financial ,protection under section #abi;,c7b77#c77;,c7 of that ,act 7#ae ,u4,s4,c4 #afci;c7b77#c77;,c7774 7d7 ,labor 7#a7 ,in general ,the ,accelerator shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed directly by the ,accelerator will be paid wages not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor under sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code4 7#b7 ,project labor agreement ,the ,accelerator shall ensure that projects financed directly by the ,accelerator with total capital costs of #ajj1jjj1jjj or greater utilize a project labor agreement4 #afbh4 ,board of ,directors 7a7 ,in general ,the ,accelerator shall operate under the direction of a ,board of ,directors1 which shall be composed of seven members4 7b7 ,initial composition and terms 7#a7 ,selection ,the initial members of the ,board shall be selected as follows3 7,a7 ,appointed members ,three members shall be appointed by the ,president1 with the advice and consent of the ,senate1 of whom no more than two shall belong to the same political party4 7,b7 ,elected members ,four members shall be elected unanimously by the three members appointed and confirmed pursuant to subparagraph 7,a74 7#b7 ,terms ,the terms of the initial members of the ,board shall be as follows3 7,a7 ,the three members appointed and confirmed under paragraph 7#a77;,a7 shall have initial #e-year terms4 7,b7 ,of the four members elected under paragraph 7#a77;,b71 two shall have initial #c-year terms1 and two shall have initial #d-year terms4 7c7 ,subsequent composition and terms 7#a7 ,selection ,except for the selection of the initial members of the ,board for their initial terms under subsection 7b71 the members of the ,board shall be elected by the members of the ,board4 7#b7 ,disqualification ,a member of the ,board shall be disqualified from voting for any position on the ,board for which such member is a candidate4 7#c7 ,terms ,all members elected pursuant to paragraph 7#a7 shall have a term of #e years4 7d7 ,qualifications ,the members of the ,board shall collectively have expertise in-- 7#a7 the fields of clean energy1 electric utilities1 industrial decarbonization1 clean transportation1 resiliency1 and agriculture and forestry practices2 7#b7 climate change science2 7#c7 finance and investments2 and 7#d7 environmental justice and matters related to the energy and environmental needs of climate-impacted communities4 7e7 ,restriction on membership ,no officer or employee of the ,federal or any other level of government may be appointed or elected as a member of the ,board4 7f7 ,quorum ,five members of the ,board shall constitute a quorum4 7g7 ,bylaws 7#a7 ,in general ,the ,board shall adopt1 and may amend1 such bylaws as are necessary for the proper management and functioning of the ,accelerator4 7#b7 ,officers ,in the bylaws described in paragraph 7#a71 the ,board shall-- 7,a7 designate the officers of the ,accelerator2 and 7,b7 prescribe the duties of those officers4 7h7 ,vacancies ,any vacancy on the ,board shall be filled through election by the ,board4 7i7 ,interim appointments ,a member elected to fill a vacancy occurring before the expiration of the term for which the predecessor of that member was appointed or elected shall serve for the remainder of the term for which the predecessor of that member was appointed or elected4 7j7 ,reappointment ,a member of the ,board may be elected for not more than one additional term of service as a member of the ,board4 7k7 ,continuation of service ,a member of the ,board whose term has expired may continue to serve on the ,board until the date on which a successor member is elected4 7l7 ,chief executive officer ,the ,board shall appoint a chief executive officer who shall be responsible for-- 7#a7 hiring employees of the ,accelerator2 7#b7 establishing the two divisions of the ,accelerator described in sections #afbd and #afbe2 and 7#c7 performing any other tasks necessary for the day-to-day operations of the ,accelerator4 7m7 ,advisory committee 7#a7 ,establishment ,the ,accelerator shall establish an advisory committee 7in this subsection referred to as the advisory committee71 which shall be composed of not more than #ac members appointed by the ,board on the recommendation of the president of the ,accelerator4 7#b7 ,members ,members of the advisory committee shall be broadly representative of interests concerned with the environment1 production1 commerce1 finance1 agriculture1 forestry1 labor1 services1 and ,state ,government4 ,of such members-- 7,a7 not fewer than three shall be representatives of the small business community2 7,b7 not fewer than two shall be representatives of the labor community1 except that no two members may be from the same labor union2 7,c7 not fewer than two shall be representatives of the environmental nongovernmental organization community1 except that no two members may be from the same environmental organization2 7,d7 not fewer than two shall be representatives of the environmental justice nongovernmental organization community1 except that no two members may be from the same environmental organization2 7,e7 not fewer than two shall be representatives of the consumer protection and fair lending community1 except that no two members may be from the same consumer protection or fair lending organization2 and 7,f7 not fewer than two shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets4 7#c7 ,meetings ,the advisory committee shall meet not less frequently than once each quarter4 7#d7 ,duties ,the advisory committee shall-- 7,a7 advise the ,accelerator on the programs undertaken by the ,accelerator2 and 7,b7 submit to the ,congress an annual report with comments from the advisory committee on the extent to which the ,accelerator is meeting the mandate described in section #afbc1 including any suggestions for improvement4 7n7 ,chief risk officer 7#a7 ,appointment ,subject to the approval of the ,board1 the chief executive officer shall appoint a chief risk officer from among individuals with experience at a senior level in financial risk management1 who-- 7,a7 shall report directly to the ,board2 and 7,b7 shall be removable only by a majority vote of the ,board4 7#b7 ,duties ,the chief risk officer1 in coordination with the risk management and audit committees established under section #afca1 shall develop1 implement1 and manage a comprehensive process for identifying1 assessing1 monitoring1 and limiting risks to the ,accelerator1 including the overall portfolio diversification of the ,accelerator4 #afbi4 ,administration 7a7 ,capitalization 7#a7 ,in general ,to the extent and in the amounts provided in advance in appropriations ,acts1 the ,secretary of ,energy shall transfer to the ,accelerator-- 7,a7 #aj1jjj1jjj1jjj on the date on which the ,accelerator is established under section #afbb2 and 7,b7 #b1jjj1jjj1jjj on ,october #a of each of the #e fiscal years following that date4 7#b7 ,authorization of appropriations ,for purposes of the transfers under paragraph 7#a71 there are authorized to be appropriated-- 7,a7 #aj1jjj1jjj1jjj for the fiscal year in which the ,accelerator is established under section #afbb2 and 7,b7 #b1jjj1jjj1jjj for each of the #e succeeding fiscal years4 7b7 ,charter ,the ,accelerator shall establish a charter1 the term of which shall be #cj years4 7c7 ,operational funds ,to sustain operations1 the ,accelerator shall manage revenue from financing fees1 interest1 repaid loans1 and other types of funding4 7d7 ,report ,the ,accelerator shall submit on a quarterly basis to the relevant committees of ,congress a report that describes the financial activities1 emissions reductions1 and private capital mobilization metrics of the ,accelerator for the previous quarter4 7e7 ,restriction ,the ,accelerator shall not accept deposits4 7f7 ,committees ,the ,board shall establish committees and subcommittees1 including-- 7#a7 an investment committee2 and 7#b7 in accordance with section #afcj-- 7,a7 a risk management committee2 and 7,b7 an audit committee4 #afcj4 ,establishment of risk management committee and audit committee 7a7 ,in general ,to assist the ,board in fulfilling the duties and responsibilities of the ,board under this subtitle1 the ,board shall establish a risk management committee and an audit committee4 7b7 ,duties and responsibilities of risk management committee ,subject to the direction of the ,board1 the risk management committee established under subsection 7a7 shall establish policies for and have oversight responsibility for-- 7#a7 formulating the risk management policies of the operations of the ,accelerator2 7#b7 reviewing and providing guidance on operation of the global risk management framework of the ,accelerator2 7#c7 developing policies for-- 7,a7 investment2 7,b7 enterprise risk management2 7,c7 monitoring2 and 7,d7 management of strategic1 reputational1 regulatory1 operational1 developmental1 environmental1 social1 and financial risks2 and 7#d7 developing the risk profile of the ,accelerator1 including-- 7,a7 a risk management and compliance framework2 and 7,b7 a governance structure to support that framework4 7c7 ,duties and responsibilities of audit committee ,subject to the direction of the ,board1 the audit committee established under subsection 7a7 shall have oversight responsibility for-- 7#a7 the integrity of-- 7,a7 the financial reporting of the ,accelerator2 and 7,b7 the systems of internal controls regarding finance and accounting2 7#b7 the integrity of the financial statements of the ,accelerator2 7#c7 the performance of the internal audit function of the ,accelerator2 and 7#d7 compliance with the legal and regulatory requirements related to the finances of the ,accelerator4 #afca4 ,oversight 7a7 ,external oversight ,the inspector general of the ,department of ,energy shall have oversight responsibilities over the ,accelerator4 7b7 ,reports and audit 7#a7 ,annual report ,the ,accelerator shall publish an annual report which shall be transmitted by the ,accelerator to the ,president and the ,congress4 7#b7 ,annual audit of accounts ,the accounts of the ,accelerator shall be audited annually4 ,such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken4 7#c7 ,additional audits ,in addition to the annual audits under paragraph 7#b71 the financial transactions of the ,accelerator for any fiscal year during which ,federal funds are available to finance any portion of its operations may be audited by the ,government ,accountability ,office in accordance with such rules and regulations as may be prescribed by the ,comptroller ,general of the ,united ,states4 #afcb4 ,maximum contingent liability ,the maximum contingent liability of the ,accelerator that may be outstanding at any time shall be not more than #gj1jjj1jjj1jjj in the aggregate4 4 #ab ,carbon capture utilization and storage #ccaic4 ,supporting carbon capture utilization and storage 7a7 ,repeal of clean coal power initiative ,subtitle ,a of title ,,iv of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeifa et seq47 is repealed4 7b7 ,fossil energy objectives ,section #ifa7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia7;a77 is amended by adding at the end the following3 7#h7 ,improving the conversion1 use1 and storage of carbon dioxide from fossil fuels4 7#i7 ,lowering greenhouse gas emissions across the fossil fuel cycle to the maximum extent possible1 including emissions from all fossil fuel production1 generation1 delivery1 and utilization4 7#aj7 ,preventing1 predicting1 monitoring1 and mitigating the unintended leaking of methane1 carbon dioxide1 and other fossil fuel-related emissions into the atmosphere4 7#aa7 ,reducing water use1 improving water reuse1 and minimizing the surface and subsurface environmental impact of the development of unconventional domestic oil and natural gas resources4 7#ab7 ,developing carbon removal and utilization technologies1 products1 and methods that result in net reductions in greenhouse gas emissions1 including direct air capture and storage and carbon use and reuse for commercial application4 4 7c7 ,carbon capture and utilization technology commercialization program 7#a7 ,establishment ,the ,secretary of ,energy shall establish a carbon capture and utilization technology commercialization program to significantly improve the efficiency1 effectiveness1 cost1 and environmental performance of fossil fuel-fired facilities4 7#b7 ,inclusions ,the program shall include funding for-- 7,a7 front end engineering design studies for commercial demonstration projects for at least three types of advanced carbon capture technology and at least one type of direct air capture technology2 7,b7 commercial demonstration of advanced carbon capture technology projects intended to produce a standard design specification for up to five demonstrations of a particular technology type2 7,c7 commercial demonstration of direct air capture technology projects intended to produce a standard design specification for up to #e demonstrations of a particular technology type2 and 7,d7 commercialization projects of large-scale carbon dioxide storage sites in saline geological formations that are designed to accept at least #aj1jjj1jjj tons per year of carbon dioxide1 including activities exploring1 categorizing1 and developing storage sites and necessary pipeline infrastructure4 7#c7 ,funding 7,a7 ,authorization of appropriations ,there are authorized to be appropriated for activities-- 7i7 under paragraph 7#b77;,a71 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe1 and such sums as may be necessary for fiscal years #bjbf through #bjcj2 7ii7 under paragraph 7#b77;,b71 #a1ejj1jjj1jjj for each of fiscal years #bjba through #bjbe1 and such sums as may be necessary for fiscal years #bjbf through #bjcj2 7iii7 under paragraph 7#b77;,c71 #bej1jjj1jjj for each of fiscal years #bjba through #bjbe1 and such sums as may be necessary for fiscal years #bjbf through #bjcj2 and 7iv7 under paragraph 7#b77;,d71 #ejj1jjj1jjj for each of fiscal years #bjba through #bjbe1 and such sums as may be necessary for fiscal years #bjbf through #bjcj4 7,b7 ,cost sharing ,federal grants under this section shall be limited as follows3 7i7 ,for activities under paragraph 7#b77;,a71 the ,secretary shall provide not more than #hj percent of project funds4 7ii7 ,for activities under any of subparagraphs 7,b7 through 7,d7 of paragraph 7#b71 the ,secretary shall provide not more than #ej percent of project funds4 7d7 ,direct air capture technology prize program 7#a7 ,definitions ,in this subsection3 7,a7 ,qualified carbon dioxide 7i7 ,in general ,the term qualified carbon dioxide means any carbon dioxide that-- 7,i7 is captured directly from the ambient air2 and 7,,ii7 is measured at the source of capture and verified at the point of disposal1 injection1 or utilization4 7ii7 ,inclusion ,the term qualified carbon dioxide includes the initial deposit of captured carbon dioxide used as a tertiary injectant4 7iii7 ,exclusion ,the term qualified carbon dioxide does not include carbon dioxide that is recaptured1 recycled1 and reinjected as part of the enhanced oil and natural gas recovery process4 7,b7 ,qualified direct air capture facility 7i7 ,in general ,subject to clause 7ii71 the term qualified direct air capture facility means any facility that-- 7,i7 uses carbon capture equipment to capture carbon dioxide directly from the ambient air2 and 7,,ii7 captures more than #aj1jjj metric tons of qualified carbon dioxide annually4 7ii7 ,exclusion ,the term qualified direct air capture facility does not include any facility that captures carbon dioxide-- 7,i7 that is deliberately released from naturally occurring subsurface springs2 or 7,,ii7 using natural photosynthesis4 7#b7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,secretary of ,energy1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall establish a direct air capture prize program designed to significantly reward development1 demonstration1 and deployment of direct air capture technologies4 7#c7 ,direct air capture prize program 7,a7 ,awards ,under the prize program1 the ,secretary shall provide financial awards in a competitive setting equally for each ton of qualified carbon dioxide captured by a qualified direct air capture facility until appropriated funds are expended4 ,the prize per metric ton shall not exceed-- 7i7 #ahj for qualified carbon dioxide captured and stored in saline storage formations2 7ii7 a lesser amount as determined by the ,secretary for qualified carbon dioxide captured and stored in conjunction with enhanced oil recovery operations2 or 7iii7 a lesser amount as determined by the ,secretary for qualified carbon dioxide captured and utilized in any activity consistent with section #de,q7f77#e7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #de,q7f77#e774 7,b7 ,administration 7i7 ,requirements ,not later than #a year after the date of enactment of this section1 the ,administrator1 in consultation with the ,secretary1 shall submit requirements for qualifying metric tons of carbon dioxide4 ,in carrying out this clause1 the ,administrator shall develop specific requirements for-- 7,i7 the process of applying for prizes2 and 7,,ii7 the demonstration of performance of approved projects4 7ii7 ,determination ,for purposes of determining the amount of metric tons of qualified carbon dioxide eligible for prizes under clause 7i71 the amount shall be equal to the net metric tons of carbon dioxide removal demonstrated by the recipient1 subject to the requirements set forth by the ,administrator under such clause4 7,c7 ,schedule of payment ,the ,secretary shall award prizes on an annual basis to qualified direct air capture facilities for metric tons of qualified carbon dioxide captured and verified at the point of disposal1 injection1 or utilization4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection #bjj1jjj1jjj for the period of fiscal years #bjba through #bjbe1 and #djj1jjj1jjj for the period of fiscal years #bjbf through #bjcj1 to remain available until expended4 7e7 ,increased funding for injection well permitting 7#a7 ,authorization of appropriations ,for activities involved in the permitting by the ,administrator of the ,environmental ,protection ,agency of ,class ,,vi wells for the injection of carbon dioxide for the purpose of geologic sequestration in accordance with the requirements of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 and regulations promulgated thereunder by the ,administrator on ,december #aj1 #bjaj 7#ge ,fed4 ,reg4 #ggbcj71 there are authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjba through #bjbe1 and such sums as may be necessary for fiscal years #bjbf through #bjcj4 7#b7 ,state permitting programs 7,a7 ,grants ,the ,administrator shall provide grants to ,states that receive program approval for permitting ,class ,,vi wells for the injection of carbon dioxide pursuant to section #adbb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#a71 for the purpose of defraying ,state expenses related to the establishment and operation of such ,state permitting programs4 7,b7 ,authorization of appropriations ,for ,state grants described in subparagraph 7,a71 there are authorized to be appropriated #ej1jjj1jjj for the period of fiscal years #bjba through #bjbe1 and such sums as may be necessary for fiscal years #bjbf through #bjcj4 ,b ,energy ,efficiency #a ,energy ,efficiency ,retrofits ,a ,,hope for ,,homes #ccbja4 ,definitions ,in this subchapter3 7#a7 ,contractor certification ,the term contractor certification means an industry recognized certification that may be obtained by a residential contractor to advance the expertise and education of the contractor in energy efficiency retrofits of residential buildings1 including-- 7,a7 a certification provided by-- 7i7 the ,building ,performance ,institute2 7ii7 the ,air ,conditioning ,contractors of ,america2 7iii7 the ,national ,comfort ,institute2 7iv7 the ,north ,american ,technician ,excellence2 7v7 ,,resnet2 7vi7 the ,united ,states ,green ,building ,council2 or 7vii7 ,home ,innovation ,research ,labs2 and 7,b7 any other certification the ,secretary determines appropriate for purposes of the ,home ,energy ,savings ,retrofit ,rebate ,program4 7#b7 ,contractor company ,the term contractor company means a company-- 7,a7 the business of which is to provide services to residential building owners with respect to ,,hvac systems1 insulation1 air sealing1 or other services that are approved by the ,secretary2 7,b7 that holds the licenses and insurance required by the ,state in which the company provides services2 and 7,c7 that provides services for which a partial system rebate1 measured performance rebate1 or modeled performance rebate may be provided pursuant to the ,home ,energy ,savings ,retrofit ,rebate ,program4 7#c7 ,energy audit ,the term energy audit means an inspection1 survey1 and analysis of the energy use of a building1 including the building envelope and ,,hvac system4 7#d7 ,home ,the term home means a residential dwelling unit in a building with no more than #d dwelling units that-- 7,a7 is located in the ,united ,states2 7,b7 was constructed before the date of enactment of this ,act2 and 7,c7 is occupied at least #f months out of the year4 7#e7 ,home ,energy ,savings ,retrofit ,rebate ,program ,the term ,home ,energy ,savings ,retrofit ,rebate ,program means the ,home ,energy ,savings ,retrofit ,rebate ,program established under section #ccbjc4 7#f7 ,homeowner ,the term homeowner means the owner of an owner-occupied home or a tenant-occupied home4 7#g7 ,home valuation certification ,the term home valuation certification means the following home assessments3 7,a7 ,home ,energy ,score4 7,b7 ,,pearl ,certification4 7,c7 ,national ,green ,building ,standard4 7,d7 ,,leed4 7,e7 ,any other assessment the ,secretary determines to be appropriate4 7#h7 ,,hope ,qualification ,the term ,,hope ,qualification means the qualification described in section #ccbjb;,b4 7#i7 ,,hope training credit ,the term ,,hope training credit means a ,,hope training task credit or a ,,hope training supplemental credit4 7#aj7 ,,hope training task credit ,the term ,,hope training task credit means a credit described in section #ccbjb;,a7a74 7#aa7 ,,hope training supplemental credit ,the term ,,hope training supplemental credit means a credit described in section #ccbjb;,a7b74 7#ab7 ,,hvac system ,the term ,,hvac system means a system-- 7,a7 consisting of a heating component1 a ventilation component1 and an air-conditioning component2 and 7,b7 which components may include central air conditioning1 a heat pump1 a furnace1 a boiler1 a rooftop unit1 and a window unit4 7#ac7 ,measured performance rebate ,the term measured performance rebate means a rebate provided in accordance with section #ccbjc;,b and described in subsection 7e7 of that section4 7#ad7 ,modeled performance rebate ,the term modeled performance rebate means a rebate provided in accordance with section #ccbjc;,b and described in subsection 7d7 of that section4 7#ae7 ,moderate income ,the term moderate income means1 with respect to a household1 a household with an annual income that is less than #hj percent of the area median income1 as determined annually by the ,department of ,housing and ,urban ,development4 7#af7 ,partial system rebate ,the term partial system rebate means a rebate provided in accordance with section #ccbjc;,a4 7#ag7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ah7 ,state ,the term ,state includes-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,united ,states ,virgin ,islands2 and 7,h7 any other territory or possession of the ,united ,states4 7#ai7 ,state energy office ,the term ,state energy office means the office or agency of a ,state responsible for developing the ,state energy conservation plan for the ,state under section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb74 #a ,,hope ,training #ccbjb4 ,notice for ,,hope ,qualification training and grants ,not later than #cj days after the date of enactment of this ,act1 the ,secretary1 acting through the ,director of the ,building ,technologies ,office of the ,department of ,energy1 shall issue a notice that includes-- 7#a7 criteria established under section #ccbjb;,a for approval by the ,secretary of courses for which credits may be issued for purposes of a ,,hope ,qualification2 7#b7 a list of courses that meet such criteria and are so approved2 and 7#c7 information on how individuals and entities may apply for grants under this part4 #ccbjb;,a4 ,course criteria 7a7 ,,hope training task credit 7#a7 ,criteria ,the ,secretary shall establish criteria for approval of a course for which a credit1 to be known as a ,,hope training task credit1 may be issued1 including that such course-- 7,a7 is equivalent to at least #cj hours in total course time2 7,b7 is accredited by the ,interstate ,renewable ,energy ,council or is determined to be equivalent by the ,secretary2 7,c7 is1 with respect to a particular job1 aligned with the relevant ,national ,renewable ,energy ,laboratory ,job ,task ,analysis1 or other credentialing program foundation that helps identify the necessary core knowledge areas1 critical work functions1 or skills1 as approved by the ,secretary2 7,d7 has established learning objectives2 and 7,e7 includes1 as the ,secretary determines appropriate1 an appropriate assessment of such learning objectives that may include a final exam1 to be proctored on-site or through remote proctoring1 or an in-person field exam4 7#b7 ,included courses ,the ,secretary shall approve one or more courses that meet the criteria described in paragraph 7#a7 for training related to-- 7,a7 contractor certification2 7,b7 energy auditing or assessment2 7,c7 home energy systems 7including ,,hvac systems72 7,d7 insulation installation and air leakage control2 7,e7 health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits2 and 7,f7 indoor air quality4 7b7 ,,hope training supplemental credit criteria ,the ,secretary shall establish criteria for approval of a course for which a credit1 to be known as a ,,hope training supplemental credit1 may be issued1 including that such course provides-- 7#a7 training related to-- 7,a7 small business success1 including management1 home energy efficiency software1 or general accounting principles2 7,b7 the issuance of a home valuation certification2 7,c7 the use of wifi-enabled technology in an energy efficiency upgrade2 or 7,d7 understanding and being able to participate in the ,home ,energy ,savings ,retrofit ,rebate ,program2 and 7#b7 as the ,secretary determines appropriate1 an appropriate assessment of such training that may include a final exam1 to be proctored on-site or through remote proctoring1 or an in-person field exam4 7c7 ,existing approved courses ,the ,secretary may approve a course that meets the applicable criteria established under this section that is approved by the applicable ,state energy office or relevant ,state agency with oversight authority for residential energy efficiency programs4 7d7 ,in-,person and online training ,an online course approved pursuant to this section may be conducted in-person1 but may not be offered exclusively in-person4 #ccbjb;,b4 ,,hope ,qualification 7a7 ,issuance of credits 7#a7 ,in general ,the ,secretary1 or an entity authorized by the ,secretary pursuant to paragraph 7#b71 may issue-- 7,a7 a ,,hope training task credit to any individual that completes a course that meets applicable criteria under section #ccbjb;,a2 and 7,b7 a ,,hope training supplemental credit to any individual that completes a course that meets the applicable criteria under section #ccbjb;,a4 7#b7 ,other entities ,the ,secretary may authorize a ,state energy office implementing an authorized program under subsection 7b77#b71 an organization described in section #ccbjb;,c7b71 and any other entity the ,secretary determines appropriate1 to issue ,,hope training credits in accordance with paragraph 7#a74 7b7 ,,hope ,qualification 7#a7 ,in general ,the ,secretary may certify that an individual has achieved a qualification1 to be known as a ,,hope ,qualification1 that indicates that the individual has received at least three ,,hope training credits1 of which at least two shall be ,,hope training task credits4 7#b7 ,state programs ,the ,secretary may authorize a ,state energy office to implement a program to provide ,,hope ,qualifications in accordance with this part4 #ccbjb;,c4 ,grants 7a7 ,in general ,the ,secretary shall1 to the extent amounts are made available in appropriations ,acts for such purposes1 provide grants to support the training of individuals toward the completion of a ,,hope ,qualification4 7b7 ,provider organizations 7#a7 ,in general ,the ,secretary may provide a grant of up to #bj1jjj under this section to an organization to provide training online1 including establishing1 modifying1 or maintaining the online systems1 staff time1 and software and online program management1 through a course that meets the applicable criteria established under section #ccbjb;,a4 7#b7 ,criteria ,in order to receive a grant under this subsection1 an organization shall be-- 7,a7 a nonprofit organization2 7,b7 an educational institution2 or 7,c7 an organization that has experience providing training to contractors that work with the weatherization assistance program implemented under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq47 or equivalent experience1 as determined by the ,secretary4 7#c7 ,additional certifications ,in addition to any grant provided under paragraph 7#a71 the ,secretary may provide an organization up to #e1jjj for each additional course for which a ,,hope training credit may be issued that is offered by the organization4 7c7 ,contractor company ,the ,secretary may provide a grant under this section of #a1jjj per employee to a contractor company1 up to a maximum of #aj1jjj1 to reimburse the contractor company for training costs for employees1 and any home technology support needed for an employee to receive training pursuant to this section4 ,grant funds provided under this subsection may be used to support wages of employees during training4 7d7 ,trainees ,the ,secretary may provide a grant of up to #a1jjj under this section to an individual who receives a ,,hope ,qualification4 7e7 ,state energy office ,the ,secretary may provide a grant under this section to a ,state energy office of up to #be1jjj to implement an authorized program under section #ccbjb;,b7b74 #ccbjb;,d4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this part #ejj1jjj1jjj for the period of fiscal years #bjba through #bjbe1 to remain available until expended4 #b ,home ,energy ,savings ,retrofit ,rebate ,program #ccbjc4 ,establishment of ,home ,energy ,savings ,retrofit ,rebate ,program ,the ,secretary shall establish a program1 to be known as the ,home ,energy ,savings ,retrofit ,rebate ,program1 to-- 7#a7 provide rebates in accordance with section #ccbjc;,a2 and 7#b7 provide grants to ,states to carry out programs to provide rebates in accordance with section #ccbjc;,b4 #ccbjc;,a4 ,partial system rebates 7a7 ,amount of rebate ,in carrying out the ,home ,energy ,savings ,retrofit ,rebate ,program1 and subject to the availability of appropriations for such purpose1 the ,secretary shall provide a homeowner a rebate1 to be known as a partial system rebate1 of1 except as provided in section #ccbjc;,c1 up to-- 7#a7 #hjj for the purchase and installation of insulation and air sealing within a home of the homeowner2 and 7#b7 #a1ejj for the purchase and installation of insulation and air sealing within a home of the homeowner and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 of such home4 7b7 ,specifications 7#a7 ,cost ,the amount of a partial system rebate provided under this section shall1 except as provided in section #ccbjc;,c1 not exceed #cj percent of cost of the purchase and installation of insulation and air sealing under subsection 7a77#a71 or the purchase and installation of insulation and air sealing and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 under subsection 7a77#b74 ,labor may be included in such cost but may not exceed-- 7,a7 in the case of a rebate under subsection 7a77#a71 #ej percent of such cost2 and 7,b7 in the case of a rebate under subsection 7a77#b71 #be percent of such cost4 7#b7 ,replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system ,in order to qualify for a partial system rebate described in subsection 7a77#b7-- 7,a7 any ,,hvac system1 heating component of an ,,hvac system1 or cooling component of an ,,hvac system installed shall be ,energy ,star ,most ,efficient certified2 7,b7 installation of such an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 shall be completed in accordance with standards specified by the ,secretary that are at least as stringent as the applicable guidelines of the ,air ,conditioning ,contractors of ,america that are in effect on the date of enactment of this ,act2 7,c7 if ducts are present1 replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system shall include duct sealing2 and 7,d7 the installation of insulation and air sealing shall occur within #f months of the replacement of the ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system4 7c7 ,additional incentives for contractors ,in carrying out the ,home ,energy ,savings ,retrofit ,rebate ,program1 the ,secretary may provide a #bej payment to a contractor per home for which-- 7#a7 a partial system rebate is provided under this section for the installation of insulation and air sealing1 or installation of insulation and air sealing and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 by the contractor2 7#b7 the applicable homeowner has signed and submitted to the ,secretary a release form made available pursuant to section #ccbjc;,e7b7 authorizing the contractor access to information in the utility bills of the homeowner2 and 7#c7 the contractor inputs1 into the ,department of ,energy's ,building ,performance ,database-- 7,a7 the energy usage for the home for the #ab months preceding1 and the #bd months following1 the installation of insulation and air sealing or installation of insulation and air sealing and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system2 7,b7 a description of such installation or installation and replacement2 and 7,c7 the total cost to the homeowner for such installation or installation and replacement4 7d7 ,process 7#a7 ,forms2 rebate processing system ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall-- 7,a7 develop and make available rebate forms required to receive a partial system rebate under this section2 7,b7 establish a ,federal rebate processing system which shall serve as a database and information technology system that will allow homeowners to submit required rebate forms2 and 7,c7 establish a website that provides information on partial system rebates provided under this section1 including how to determine whether particular measures qualify for a rebate under this section and how to receive such a rebate4 7#b7 ,submission of forms ,in order to receive a partial system rebate under this section1 a homeowner shall submit the required rebate forms1 and any other information the ,secretary determines appropriate1 to the ,federal rebate processing system established pursuant to paragraph 7#a74 7e7 ,funding 7#a7 ,limitation ,for each fiscal year1 the ,secretary may not use more than #ej percent of the amounts made available to carry out this part to carry out this section4 7#b7 ,allocation ,the ,secretary shall allocate amounts made available to carry out this section for partial system rebates among the ,states using the same formula as is used to allocate funds for ,states under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 #ccbjc;,b4 ,state administered rebates 7a7 ,funding ,in carrying out the ,home ,energy ,savings ,retrofit ,rebate ,program1 and subject to the availability of appropriations for such purpose1 the ,secretary shall provide grants to ,states to carry out programs to provide rebates in accordance with this section4 7b7 ,state participation 7#a7 ,plan ,in order to receive a grant under this section a ,state shall submit to the ,secretary an application that includes a plan to implement a ,state program that meets the minimum criteria under subsection 7c74 7#b7 ,approval ,not later than #fj days after receipt of a completed application for a grant under this section1 the ,secretary shall either approve the application or provide to the applicant an explanation for denying the application4 7c7 ,minimum criteria for ,state programs ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall establish and publish minimum criteria for a ,state program to meet to qualify for funding under this section1 including-- 7#a7 that the ,state program be carried out by the applicable ,state energy office or its designee2 7#b7 that a rebate be provided under a ,state program only for a home energy efficiency retrofit that-- 7,a7 is completed by a contractor who meets minimum training requirements and certification requirements set forth by the ,secretary2 7,b7 includes installation of one or more home energy efficiency retrofit measures for a home that together are modeled to achieve1 or are shown to achieve1 a reduction in home energy use of #bj percent or more from the baseline energy use of the home2 7,c7 does not include installation of any measure that the ,secretary determines does not improve the thermal energy performance of the home1 such as a pool pump1 pool heater1 spa1 or ,,ev charger2 and 7,d7 includes1 after installation of the applicable home energy efficiency retrofit measures1 a test-out procedure conducted in accordance with guidelines issued by the ,secretary of such measures to ensure-- 7i7 the safe operation of all systems post retrofit2 and 7ii7 that all improvements are included in1 and have been installed according to-- 7,i7 manufacturers installation specifications2 and 7,,ii7 all applicable ,state and local codes or equivalent standards approved by the ,secretary2 7#c7 that the ,state program utilize-- 7,a7 for purposes of modeled performance rebates1 modeling software approved by the ,secretary for determining and documenting the baseline energy use of a home and the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit2 and 7,b7 for purposes of measured performance rebates1 methods and procedures approved by the ,secretary for determining and documenting the baseline energy use of a home and the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit1 including methods and procedures for use of advanced metering infrastructure1 weather-normalized data1 and open source standards1 to measure such baseline energy use and such reductions in home energy use2 7#d7 that the ,state program include implementation of a quality assurance program-- 7,a7 to ensure that home energy efficiency retrofits are achieving the stated level of energy savings1 that efficiency measures were installed correctly1 and that work is performed in accordance with procedures developed by the ,secretary1 including through quality-control inspections for a portion of home energy efficiency retrofits completed by each applicable contractor2 and 7,b7 under which a quality-control inspection of a home energy efficiency retrofit is performed by a quality assurance provider who-- 7i7 is independent of the contractor for such retrofit2 and 7ii7 will confirm that such contractor is a contractor who meets minimum training requirements and certification requirements set forth by the ,secretary2 7#e7 that the ,state program include requirements for a homeowner1 contractor1 or rebate aggregator to claim a rebate1 including that the homeowner1 contractor1 or rebate aggregator submit any applicable forms approved by the ,secretary to the ,state1 including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of home energy use2 7#f7 that the ,state program may include requirements for an entity to be eligible to serve as a rebate aggregator to facilitate the delivery of rebates to homeowners or contractors2 7#g7 that the ,state program include procedures for a homeowner to transfer the right to claim a rebate to the contractor performing the applicable home energy efficiency retrofit or to a rebate aggregator that works with the contractor2 and 7#h7 that the ,state program provide that a homeowner1 contractor1 or rebate aggregator may claim more than one rebate under the ,state program1 and may claim a rebate under the ,state program after receiving a partial system rebate under section #ccbjc;,a1 provided that no #b rebates may be provided with respect to a home using the same baseline energy use of such home4 7d7 ,modeled performance rebates 7#a7 ,in general ,in carrying out a ,state program under this section1 a ,state may provide a homeowner1 contractor1 or rebate aggregator a rebate1 to be known as a modeled performance rebate1 for an energy audit of a home and a home energy efficiency retrofit that is projected1 using modeling software approved by the ,secretary1 to reduce home energy use by at least #bj percent4 7#b7 ,amount 7,a7 ,in general ,except as provided in section #ccbjc;,c1 and subject to subparagraph 7,b71 the amount of a modeled performance rebate provided under a ,state program shall be equal to #ej percent of the cost of the applicable energy audit of a home and home energy efficiency retrofit1 including the cost of diagnostic procedures1 labor1 reporting1 and modeling4 7,b7 ,limitation ,except as provided in section #ccbjc;,c1 with respect to an energy audit and home energy efficiency retrofit that is projected to reduce home energy use by-- 7i7 at least #bj percent1 but less than #dj percent1 the maximum amount of a modeled performance rebate shall be #b1jjj2 and 7ii7 at least #dj percent1 the maximum amount of a modeled performance rebate shall be #d1jjj4 7e7 ,measured performance rebates 7#a7 ,in general ,in carrying out a ,state program under this section1 a ,state may provide a homeowner1 contractor1 or rebate aggregator a rebate1 to be known as a measured performance rebate1 for a home energy efficiency retrofit that reduces home energy use by at least #bj percent as measured using methods and procedures approved by the ,secretary4 7#b7 ,amount 7,a7 ,in general ,except as provided in section #ccbjc;,c1 and subject to subparagraph 7,b71 the amount of a measured performance rebate provided under a ,state program shall be equal to #ej percent of the cost1 including the cost of diagnostic procedures1 labor1 reporting1 and energy measurement1 of the applicable home energy efficiency retrofit4 7,b7 ,limitation ,except as provided in section #ccbjc;,c1 with respect to a home energy efficiency retrofit that is measured as reducing home energy use by-- 7i7 at least #bj percent1 but less than #dj percent1 the maximum amount of a measured performance rebate shall be #b1jjj2 and 7ii7 at least #dj percent1 the maximum amount of a measured performance rebate shall be #d1jjj4 7f7 ,coordination of rebate and existing ,state-,sponsored or utility-,sponsored programs ,a ,state that receives a grant under this section is encouraged to work with ,state agencies1 energy utilities1 nonprofits1 and other entities-- 7#a7 to assist in marketing the availability of the rebates under the applicable ,state program2 7#b7 to coordinate with utility or ,state managed financing programs2 7#c7 to assist in implementation of the applicable ,state program1 including installation of home energy efficiency retrofits2 and 7#d7 to coordinate with existing quality assurance programs4 7g7 ,administration and oversight 7#a7 ,review of approved modeling software ,the ,secretary shall1 on an annual basis1 list and review all modeling software approved for use in determining and documenting the reductions in home energy use for purposes of modeled performance rebates under subsection 7d74 ,in approving such modeling software each year1 the ,secretary shall ensure that modeling software approved for a year will result in modeling of energy efficiency gains for any type of home energy efficiency retrofit that is at least as substantial as the modeling of energy efficiency gains for such type of home energy efficiency retrofit using the modeling software approved for the previous year4 7#b7 ,oversight ,if the ,secretary determines that a ,state is not implementing a ,state program that was approved pursuant to subsection 7b7 and that meets the minimum criteria under subsection 7c71 the ,secretary may1 after providing the ,state a period of at least #ij days to meet such criteria1 withhold grant funds under this section from the ,state4 #ccbjc;,c4 ,special provisions for moderate income households 7a7 ,certifications ,the ,secretary shall establish procedures for certifying that the household of a homeowner is moderate income for purposes of this section4 7b7 ,percentages ,subject to subsection 7c71 for households of homeowners that are certified pursuant to the procedures established under subsection 7a7 as moderate income the-- 7#a7 amount of a partial system rebate under section #ccbjc;,a shall not exceed #fj percent of the applicable purchase and installation costs described in section #ccbjc;,a7b77#a72 and 7#b7 amount of-- 7,a7 a modeled performance rebate under section #ccbjc;,b provided shall be equal to #hj percent of the applicable costs described in section #ccbjc;,b7d77#b77;,a72 and 7,b7 a measured performance rebate under section #ccbjc;,b provided shall be equal to #hj percent of the applicable costs described in section #ccbjc;,b7e77#b77;,a74 7c7 ,maximum amounts ,for households of homeowners that are certified pursuant to the procedures established under subsection 7a7 as moderate income the maximum amount-- 7#a7 of a partial system rebate-- 7,a7 under section #ccbjc;,a7a77#a7 for the purchase and installation of insulation and air sealing within a home of the homeowner shall be #afjj2 and 7,b7 under section #ccbjc;,a7a77#b7 for the purchase and installation of insulation and air sealing within a home of the homeowner and replacement of an ,,hvac system1 the heating component of an ,,hvac system1 or the cooling component of an ,,hvac system1 of such home1 shall be #c1jjj2 7#b7 of a modeled performance rebate under section #ccbjc;,b for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- 7,a7 section #ccbjc;,b7d77#b77;,b77i7 shall be #d1jjj2 and 7,b7 section #ccbjc;,b7d77#b77;,b77ii7 shall be #h1jjj2 and 7#c7 of a measured performance rebate under section #ccbjc;,b for a home energy efficiency retrofit that reduces home energy use as described in-- 7,a7 section #ccbjc;,b7e77#b77;,b77i7 shall be #d1jjj2 and 7,b7 section #ccbjc;,b7e77#b77;,b77ii7 shall be #h1jjj4 7d7 ,outreach ,the ,secretary shall establish procedures to-- 7#a7 provide information to households of homeowners that are certified pursuant to the procedures established under subsection 7a7 as moderate income regarding other programs and resources relating to assistance for energy efficiency upgrades of homes1 including the weatherization assistance program implemented under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq472 and 7#b7 refer such households1 as applicable1 to such other programs and resources4 #ccbjc;,d4 ,evaluation reports to ,congress 7a7 ,in general ,not later than #c years after the date of enactment of this ,act and annually thereafter until the termination of the ,home ,energy ,savings ,retrofit ,rebate ,program1 the ,secretary shall submit to ,congress a report on the use of funds made available to carry out this part4 7b7 ,contents ,each report submitted under subsection 7a7 shall include-- 7#a7 how many home energy efficiency retrofits have been completed during the previous year under the ,home ,energy ,savings ,retrofit ,rebate ,program2 7#b7 an estimate of how many jobs have been created through the ,home ,energy ,savings ,retrofit ,rebate ,program1 directly and indirectly2 7#c7 a description of what steps could be taken to promote further deployment of energy efficiency and renewable energy retrofits2 7#d7 a description of the quantity of verifiable energy savings1 homeowner energy bill savings1 and other benefits of the ,home ,energy ,savings ,retrofit ,rebate ,program2 7#e7 a description of any waste1 fraud1 or abuse with respect to funds made available to carry out this part2 and 7#f7 any other information the ,secretary considers appropriate4 #ccbjc;,e4 ,administration 7a7 ,in general ,the ,secretary shall provide such administrative and technical support to contractors1 rebate aggregators1 ,states1 and ,indian ,tribes as is necessary to carry out this part4 7b7 ,information collection ,the ,secretary shall establish1 and make available to a homeowner1 or the homeowner's designated representative1 seeking a rebate under this part1 release forms authorizing access by the ,secretary1 or a designated third-party representative to information in the utility bills of the homeowner with appropriate privacy protections in place4 #ccbjc;,f4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this part #a1bjj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 7b7 ,tribal allocation ,of the amounts made available pursuant to subsection 7a7 for a fiscal year1 the ,secretary shall work with ,indian ,tribes and use #b percent of such amounts to carry out a program or programs that as close as possible reflect the goals1 requirements1 and provisions of this part1 taking into account any factors that the ,secretary determines to be appropriate4 #c ,general provisions #ccbjd4 ,appointment of personnel ,notwithstanding the provisions of title #e1 ,united ,states ,code1 regarding appointments in the competitive service and ,general ,schedule classifications and pay rates1 the ,secretary may appoint such professional and administrative personnel as the ,secretary considers necessary to carry out this subchapter4 #ccbjd;,a4 ,maintenance of funding ,each ,state receiving ,federal funds pursuant to this subchapter shall provide reasonable assurances to the ,secretary that it has established policies and procedures designed to ensure that ,federal funds provided under this subchapter will be used to supplement1 and not to supplant1 ,state and local funds4 ,b ,public ,buildings #ccbaa4 ,energy efficient public buildings 7a7 ,grants ,section #abe7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehbb7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting ,standard #ij4a of the ,american ,society of ,heating1 ,refrigerating1 and ,air-,conditioning ,engineers1 after the ,international ,energy ,conservation ,code12 and 7,b7 by striking 2 or and inserting a semicolon2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#c7 through benchmarking programs to enable use of building performance data to evaluate the performance of energy efficiency investments over time4 4 7b7 ,assurance of improvement ,section #abe of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehbb7 is amended by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively1 and inserting after subsection 7a7 the following3 7b7 ,assurance of improvement 7#a7 ,verification ,a ,state agency receiving a grant for activities described in paragraph 7#a7 or 7#b7 of subsection 7a7 shall ensure1 as a condition of eligibility for assistance pursuant to such grant1 that a unit of local government receiving such assistance obtain third-party verification of energy efficiency improvements in each public building with respect to which such assistance is used4 7#b7 ,guidance ,the ,secretary may provide guidance to ,state agencies to comply with paragraph 7#a74 ,in developing such guidance1 the ,secretary shall consider available third-party verification tools for high-performing buildings and available third-party verification tools for energy efficiency retrofits4 4 7c7 ,administration ,section #abe7;c7 of the ,energy ,policy ,act of #bjje1 as so redesignated1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,state energy offices receiving grants and inserting ,a ,state agency receiving a grant2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of construction1 alteration1 or repair work financed in whole or in part with assistance received pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7and with respect to such labor standards1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code74 4 7d7 ,authorization of appropriations ,section #abe7;d7 of the ,energy ,policy ,act of #bjje1 as so redesignated1 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,c ,schools #ccbba4 ,energy retrofitting assistance for schools ,section #cib of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcga;a7 is amended by adding at the end the following3 7e7 ,coordination of energy retrofitting assistance for schools 7#a7 ,definition of school ,notwithstanding section #cia7f71 for the purposes of this subsection1 the term school means-- 7,a7 an elementary school or secondary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,b7 an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a7772 7,c7 a school of the defense dependents' education system under the ,defense ,dependents' ,education ,act of #aigh 7#bj ,u4,s4,c4 #iba et seq47 or established under section #bafd of title #aj1 ,united ,states ,code2 7,d7 a school operated by the ,bureau of ,indian ,affairs2 7,e7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa772 and 7,f7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7#b7 ,establishment of clearinghouse ,the ,secretary1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall establish a clearinghouse to disseminate information regarding available ,federal programs and financing mechanisms that may be used to help initiate1 develop1 and finance energy efficiency1 distributed generation1 and energy retrofitting projects for schools4 7#c7 ,requirements ,in carrying out paragraph 7#b71 the ,secretary shall-- 7,a7 consult with appropriate ,federal agencies to develop a list of ,federal programs and financing mechanisms that are1 or may be1 used for the purposes described in paragraph 7#b72 and 7,b7 coordinate with appropriate ,federal agencies to develop a collaborative education and outreach effort to streamline communications and promote available ,federal programs and financing mechanisms described in subparagraph 7,a71 which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance in the ,office of ,energy ,efficiency and ,renewable ,energy that ,states1 local education agencies1 and schools may use to effectively access and use such ,federal programs and financing mechanisms4 4 #ccbbb4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a consortium of-- 7,a7 one local educational agency2 and 7,b7 one or more-- 7i7 schools2 7ii7 nonprofit organizations2 7iii7 for-profit organizations2 or 7iv7 community partners that have the knowledge and capacity to partner and assist with energy improvements4 7#b7 ,energy improvements ,the term energy improvements means-- 7,a7 any improvement1 repair1 or renovation1 to a school that will result in a direct reduction in school energy costs including but not limited to improvements to building envelope1 air conditioning1 ventilation1 heating system1 domestic hot water heating1 compressed air systems1 distribution systems1 lighting1 power systems and controls2 7,b7 any improvement1 repair1 renovation1 or installation that leads to an improvement in teacher and student health including but not limited to indoor air quality1 daylighting1 ventilation1 electrical lighting1 and acoustics2 and 7,c7 the installation of renewable energy technologies 7such as wind power1 photovoltaics1 solar thermal systems1 geothermal energy1 hydrogen-fueled systems1 biomass-based systems1 biofuels1 anaerobic digesters1 and hydropower7 involved in the improvement1 repair1 or renovation to a school4 7b7 ,authority ,from amounts made available for grants under this section1 the ,secretary of ,energy shall provide competitive grants to eligible entities to make energy improvements authorized by this section4 7c7 ,priority ,in making grants under this subsection1 the ,secretary shall give priority to eligible entities that have renovation1 repair1 and improvement funding needs and are-- 7#a7 a high-need local educational agency1 as defined in section #bajb of the ,elementary and ,secondary ,education ,act of #aife 7#bj #ad ,u4,s4,c4 #ffjb72 or 7#b7 a local educational agency designated with a metrocentric locale code of #da1 #db1 or #dc as determined by the ,national ,center for ,education ,statistics 7,,nces71 in conjunction with the ,bureau of the ,census1 using the ,,nces system for classifying local educational agencies4 7d7 ,competitive criteria ,the competitive criteria used by the ,secretary shall include the following3 7#a7 ,the fiscal capacity of the eligible entity to meet the needs for improvements of school facilities without assistance under this section1 including the ability of the eligible entity to raise funds through the use of local bonding capacity and otherwise4 7#b7 ,the likelihood that the local educational agency or eligible entity will maintain1 in good condition1 any facility whose improvement is assisted4 7#c7 ,the potential energy efficiency and safety benefits from the proposed energy improvements4 7e7 ,applications ,to be eligible to receive a grant under this section1 an applicant must submit to the ,secretary an application that includes each of the following3 7#a7 ,a needs assessment of the current condition of the school and facilities that are to receive the energy improvements4 7#b7 ,a draft work plan of what the applicant hopes to achieve at the school and a description of the energy improvements to be carried out4 7#c7 ,a description of the applicant's capacity to provide services and comprehensive support to make the energy improvements4 7#d7 ,an assessment of the applicant's expected needs for operation and maintenance training funds1 and a plan for use of those funds1 if any4 7#e7 ,an assessment of the expected energy efficiency and safety benefits of the energy improvements4 7#f7 ,a cost estimate of the proposed energy improvements4 7#g7 ,an identification of other resources that are available to carry out the activities for which funds are requested under this section1 including the availability of utility programs and public benefit funds4 7f7 ,use of grant amounts 7#a7 ,in general ,the recipient of a grant under this section shall use the grant amounts only to make the energy improvements contemplated in the application1 subject to the other provisions of this subsection4 7#b7 ,operation and maintenance training ,the recipient may use up to #e percent for operation and maintenance training for energy efficiency and renewable energy improvements 7such as maintenance staff and teacher training1 education1 and preventative maintenance training74 7#c7 ,audit ,the recipient may use funds for a third-party investigation and analysis for energy improvements 7such as energy audits and existing building commissioning74 7#d7 ,continuing education ,the recipient may use up to #a percent of the grant amounts to develop a continuing education curriculum relating to energy improvements4 7g7 ,contracting requirements 7#a7 ,davis-,bacon ,any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant 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 under subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7#b7 ,competition ,each applicant that receives funds shall ensure that1 if the applicant carries out repair or renovation through a contract1 any such contract process-- 7,a7 ensures the maximum number of qualified bidders1 including small1 minority1 and women-owned businesses1 through full and open competition2 and 7,b7 gives priority to businesses located in1 or resources common to1 the ,state or the geographical area in which the project is carried out4 7h7 ,reporting ,each recipient of a grant under this section shall submit to the ,secretary1 at such time as the ,secretary may require1 a report describing the use of such funds for energy improvements1 the estimated cost savings realized by those energy improvements1 the results of any audit1 the use of any utility programs and public benefit funds and the use of performance tracking for energy improvements 7such as the ,department of ,energy3 ,energy ,star program or ,,leed for ,existing ,buildings74 7i7 ,best practices ,the ,secretary shall develop and publish guidelines and best practices for activities carried out under this section4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #b ,weatherization #ccbca4 ,weatherization assistance program 7a7 ,reauthorization ,of ,weatherization ,assistance ,program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 #cej1jjj1jjj for fiscal year #bjba2 7#b7 #ejj1jjj1jjj for fiscal year #bjbb2 7#c7 #fej1jjj1jjj for fiscal year #bjbc2 7#d7 #hjj1jjj1jjj for fiscal year #bjbd2 and 7#e7 #a1jjj1jjj1jjj for fiscal year #bjbe4 4 7b7 ,modernizing the definition of weatherization materials ,section #dab7i77;,j7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfb7i77;,j77 is amended-- 7#a7 by inserting 1 including renewable energy technologies and other advanced technologies1 after devices or technologies2 and 7#b7 by striking 1 after consulting with the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,agriculture1 and the ,director of the ,community ,services ,administration4 7c7 ,consideration of health benefits ,section #dac7;b7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,health1 ,education1 and ,welfare and inserting ,health and ,human ,services2 7#b7 in paragraph 7#b77;,a71 by striking ,health1 ,education1 and ,welfare and inserting ,health and ,human ,services2 7#c7 in paragraph 7#c7-- 7,a7 by striking and with the ,director of the ,community ,services ,administration2 7,b7 by inserting and by after in carrying out this part12 and 7,c7 by striking 1 and the ,director of the ,community ,services ,administration in carrying out weatherization programs under section #bbb7;a77#ab7 of the ,economic ,opportunity ,act of #aifd2 7#d7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7#e7 by inserting after paragraph 7#c71 the following3 7#d7 ,the ,secretary may amend the regulations prescribed under paragraph 7#a7 to provide that the standards described in paragraph 7#b77;,a7 take into consideration improvements in the health and safety of occupants of dwelling units1 and other non-energy benefits1 from weatherization4 4 7d7 ,contractor optimization 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,b 7#db ,u4,s4,c4 #fhfd;b7 the following3 #dad;,c4 ,contractor optimization 7a7 ,in general ,the ,secretary may request that entities receiving funding from the ,federal ,government or from a ,state through a weatherization assistance program under section #dac or section #dad perform periodic reviews of the use of private contractors in the provision of weatherization assistance1 and encourage expanded use of contractors as appropriate4 7b7 ,use of training funds ,entities described in subsection 7a7 may use funding described in such subsection to train private1 non-,federal entities that are contracted to provide weatherization assistance under a weatherization program1 in accordance with rules determined by the ,secretary4 4 7#b7 ,table of contents amendment ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,b the following3 ,sec4 #dad;,c4 ,contractor optimization4 4 7e7 ,financial assistance for ,,wap enhancement and innovation 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,c 7as added by subsection 7d7 of this section7 the following3 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation 7a7 ,purposes ,the purposes of this section are-- 7#a7 to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready2 7#b7 to promote the deployment of renewable energy in dwelling units that are occupied by low-income persons2 7#c7 to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons2 7#d7 to disseminate new methods and best practices among entities providing weatherization assistance2 and 7#e7 to encourage entities providing weatherization assistance to hire and retain employees who are individuals-- 7,a7 from the community in which the assistance is provided2 and 7,b7 from communities or groups that are underrepresented in the home energy performance workforce1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 and individuals who are socioeconomically disadvantaged4 7b7 ,financial assistance ,the ,secretary shall1 to the extent funds are made available1 award financial assistance1 on an annual basis1 through a competitive process to entities receiving funding from the ,federal ,government or from a ,state1 tribal organization1 or unit of general purpose local government through a weatherization program under section #dac or section #dad1 or to nonprofit entities1 to be used by such an entity-- 7#a7 with respect to dwelling units that are occupied by low-income persons1 to-- 7,a7 implement measures to make such dwelling units weatherization-ready by addressing structural1 plumbing1 roofing1 and electrical issues1 environmental hazards1 or other measures that the ,secretary determines to be appropriate2 7,b7 install energy efficiency technologies1 including home energy management systems1 smart devices1 and other technologies the ,secretary determines to be appropriate2 7,c7 install renewable energy systems 7as defined in section #dae7;c77#f77;,a772 and 7,d7 implement measures to ensure healthy indoor environments by improving indoor air quality1 accessibility1 and other healthy homes measures as determined by the ,secretary2 7#b7 to improve the capability of the entity-- 7,a7 to significantly increase the number of energy retrofits performed by such entity2 7,b7 to replicate best practices for work performed pursuant to this section on a larger scale2 7,c7 to leverage additional funds to sustain the provision of weatherization assistance and other work performed pursuant to this section after financial assistance awarded under this section is expended2 and 7,d7 to hire and retain employees who are individuals described subsection 7a77#e72 7#c7 for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section2 7#d7 for quality control of work performed pursuant to this section2 7#e7 for data collection1 measurement1 and verification with respect to such work2 7#f7 for program monitoring1 oversight1 evaluation1 and reporting regarding such work2 7#g7 for labor1 training1 and technical assistance relating to such work2 7#h7 for planning1 management1 and administration 7up to a maximum of #ae percent of the assistance provided72 and 7#i7 for such other activities as the ,secretary determines to be appropriate4 7c7 ,award factors ,in awarding financial assistance under this section1 the ,secretary shall consider-- 7#a7 the applicant's record of constructing1 renovating1 repairing1 or making energy efficient single-family1 multifamily1 or manufactured homes that are occupied by low-income persons1 either directly or through affiliates1 chapters1 or other partners 7using the most recent year for which data are available72 7#b7 the number of dwelling units occupied by low-income persons that the applicant has built1 renovated1 repaired1 weatherized1 or made more energy efficient in the #e years preceding the date of the application2 7#c7 the qualifications1 experience1 and past performance of the applicant1 including experience successfully managing and administering ,federal funds2 7#d7 the strength of an applicant's proposal to achieve one or more of the purposes under subsection 7a72 7#e7 the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection 7a72 7#f7 regional and climate zone diversity2 7#g7 urban1 suburban1 and rural localities2 and 7#h7 such other factors as the ,secretary determines to be appropriate4 7d7 ,applications 7#a7 ,administration ,to be eligible for an award of financial assistance under this section1 an applicant shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require4 7#b7 ,awards ,subject to the availability of appropriations1 not later than #bgj days after the date of enactment of this section1 the ,secretary shall make a first award of financial assistance under this section4 7e7 ,maximum amount and term 7#a7 ,in general ,the total amount of financial assistance awarded to an entity under this section shall not exceed #b1jjj1jjj4 7#b7 ,technical and training assistance ,the total amount of financial assistance awarded to an entity under this section shall be reduced by the cost of any technical and training assistance provided by the ,secretary that relates to such financial assistance4 7#c7 ,term ,the term of an award of financial assistance under this section shall not exceed #c years4 7#d7 ,relationship to formula grants ,an entity may use financial assistance awarded to such entity under this section in conjunction with other financial assistance provided to such entity under this part4 7f7 ,requirements ,not later than #ij days after the date of enactment of this section1 the ,secretary shall issue requirements to implement this section1 including1 for entities receiving financial assistance under this section-- 7#a7 standards for allowable expenditures2 7#b7 a minimum saving-to-investment ratio2 and 7#c7 standards for-- 7,a7 training programs2 7,b7 energy audits2 7,c7 the provision of technical assistance2 7,d7 monitoring activities carried out using such financial assistance2 7,e7 verification of energy and cost savings2 7,f7 liability insurance requirements2 and 7,g7 recordkeeping and reporting requirements1 which shall include reporting to the ,office of ,weatherization and ,intergovernmental ,programs of the ,department of ,energy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section4 7g7 ,compliance with ,state and local law ,nothing in this section supersedes or otherwise affects any ,state or local law1 to the extent that the ,state or local law contains a requirement that is more stringent than the applicable requirement of this section4 7h7 ,review and evaluation ,the ,secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section 7which may include an audit74 7i7 ,annual report ,the ,secretary shall submit to ,congress an annual report that provides a description of-- 7#a7 actions taken under this section to achieve the purposes of this section2 and 7#b7 accomplishments as a result of such actions1 including energy and cost savings achieved4 7j7 ,funding 7#a7 ,amounts 7,a7 ,in general ,for each of fiscal years #bjba through #bjbe1 of the amount made available under section #dbb for such fiscal year to carry out the weatherization program under this part 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance71 not more than-- 7i7 #b percent of such amount 7if such amount is #bbe1jjj1jjj or more but less than #bfj1jjj1jjj7 may be used to carry out this section2 7ii7 #d percent of such amount 7if such amount is #bfj1jjj1jjj or more but less than #cjj1jjj1jjj7 may be used to carry out this section2 and 7iii7 #f percent of such amount 7if such amount is #cjj1jjj1jjj or more7 may be used to carry out this section4 7,b7 ,minimum ,for each of fiscal years #bjba through #bjbe1 if the amount made available under section #dbb 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance7 for such fiscal year is less than #bbe1jjj1jjj1 no funds shall be made available to carry out this section4 7#b7 ,limitation ,for any fiscal year1 the ,secretary may not use more than #be1jjj1jjj of the amount made available under section #dbb to carry out this section4 7k7 ,termination ,the ,secretary may not award financial assistance under this section after ,september #cj1 #bjbd4 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,c the following3 ,sec4 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation4 4 7f7 ,hiring 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,d 7as added by subsection 7e7 of this section7 the following3 #dad;,e4 ,hiring ,the ,secretary may1 as the ,secretary determines appropriate1 encourage entities receiving funding from the ,federal ,government or from a ,state through a weatherization program under section #dac or section #dad1 to prioritize the hiring and retention of employees who are individuals described in section #dad;,d7a77#e74 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,d the following3 ,sec4 #dad;,e4 ,hiring4 4 7g7 ,increase in administrative funds ,section #dae7;a77#a7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;a77#a77 is amended by striking #aj percent and inserting #ae percent4 7h7 ,amending re-,weatherization date ,paragraph 7#b7 of section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77 is amended to read as follows3 7#b7 ,dwelling units weatherized 7including dwelling units partially weatherized7 under this part1 or under other ,federal programs 7in this paragraph referred to as previous weatherization71 may not receive further financial assistance for weatherization under this part until the date that is #ae years after the date such previous weatherization was completed4 ,this paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services 7including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials7 other than weatherization under this part or under other ,federal programs1 or from receiving non-,federal assistance for weatherization4 4 7i7 ,annual report ,section #dba of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhga7 is amended by inserting the number of multifamily buildings in which individual dwelling units were weatherized during the previous year1 the number of individual dwelling units in multifamily buildings weatherized during the previous year1 after the average size of the dwellings being weatherized14 #ccbcb4 ,report on waivers ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report on the status of any request made after ,september #cj1 #bjaj1 for a waiver of any requirement under section #bjj4cac of title #b1 ,code of ,federal ,regulations1 as such requirement applies with respect to the weatherization assistance program under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq471 including a description of any such waiver that has been granted and any such request for a waiver that has been considered but not granted4 #c ,energy ,efficient ,conservation ,block ,grants #ccbda4 ,energy ,efficiency and ,conservation ,block ,grant ,program 7a7 ,purpose ,section #edb7;b77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,b71 by striking the semicolon and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 diversifies energy supplies1 including by facilitating and promoting the use of alternative fuels2 4 7b7 ,use of funds ,section #edd7i7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaed7i77 is amended to read as follows3 7#i7 deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels1 including-- 7,a7 distributed resources2 7,b7 district heating and cooling systems2 and 7,c7 infrastructure for delivering alternative fuels2 4 7c7 ,competitive grants ,section #edf7;c77#b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaef7;c77#b77 is amended by inserting 1 including projects to expand the use of alternative fuels before the period at the end4 7d7 ,funding ,section #edh7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeh7;a77 is amended to read as follows3 7a7 ,authorization of appropriations 7#a7 ,grants ,there is authorized to be appropriated to the ,secretary to carry out the program #c1ejj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,administrative costs ,the ,secretary may use for administrative expenses of the program not more than #a percent of the amounts made available under paragraph 7#a7 in each of fiscal years #bjba through #bjbe4 4 7e7 ,technical amendments ,section #edc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaec7 is amended-- 7#a7 in subsection 7c71 by striking subsection 7a77#b7 and inserting subsection 7a77#c72 and 7#b7 in subsection 7d71 by striking subsection 7a77#c7 and inserting subsection 7a77#d74 #d ,federal ,energy and ,water ,management ,performance #ccbea4 ,energy and water performance requirement for ,federal facilities 7a7 ,in general ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended-- 7#a7 in the section heading1 by inserting and water after ,energy2 7#b7 in subsection 7a7-- 7,a7 in the subsection heading1 by striking ,energy ,performance ,requirement for ,federal ,buildings and inserting ,energy and water performance requirement for ,federal facilities2 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,subject to paragraph 7#b71 the head of each agency shall-- 7,a7 for each of fiscal years #bjbj through #bjcj1 reduce average facility energy intensity 7as measured in ,british thermal units per gross square foot7 at facilities of the agency by #b4e percent each fiscal year relative to the average facility energy intensity of the facilities of the agency in fiscal year #bjah2 7,b7 for each of fiscal years #bjbj through #bjcj1 improve water use efficiency and management1 including stormwater management1 at facilities of the agency by reducing agency water consumption intensity-- 7i7 by reducing the potable water consumption by #ed percent by fiscal year #bjcj1 relative to the potable water consumption at facilities of the agency in fiscal year #bjjg1 through reductions of #b percent each fiscal year 7as measured in gallons per gross square foot72 7ii7 by reducing the industrial1 landscaping1 and agricultural water consumption of the agency1 as compared to a baseline of that consumption at facilities of the agency in fiscal year #bjaj1 through reductions of #b percent each fiscal year 7as measured in gallons72 and 7iii7 by installing appropriate infrastructure features at facilities of the agency to improve stormwater and wastewater management2 and 7,c7 to the maximum extent practicable1 in carrying out subparagraphs 7,a7 and 7,b71 take measures that are life cycle cost-effective4 2 7,c7 in paragraph 7#b7-- 7i7 by striking 7#b7 ,an agency and inserting the following3 7#b7 ,energy and water intensive facility exclusion ,an agency 2 7ii7 by striking building and inserting facility2 7iii7 by inserting and water after energy each place it appears2 and 7iv7 by striking buildings and inserting facilities2 and 7,d7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,recommendations ,not later than ,december #ca1 #bjbi1 the ,secretary shall-- 7,a7 review the results of the implementation of the energy and water performance requirements established under paragraph 7#a72 and 7,b7 submit to ,congress recommendations concerning energy and water performance requirements for fiscal years #bjca through #bjdj4 2 7#c7 in subsection 7b7-- 7,a7 in the subsection heading1 by inserting and water after ,energy2 and 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,each agency shall-- 7,a7 not later than ,october #a1 #bjbj1 to the maximum extent practicable1 begin installing in facilities owned by the ,united ,states all energy and water conservation measures determined by the ,secretary to be life cycle cost-effective2 and 7,b7 complete the installation described in subparagraph 7,a7 as soon as practicable after the date referred to in that subparagraph4 2 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,federal building or collection of ,federal buildings each place it appears and inserting ,federal facility2 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking ,an agency and inserting ,the head of each agency2 and 7,,ii7 by inserting or water after energy each place it appears2 and 7iii7 in subparagraph 7,b77i71 by inserting or water after energy2 7,b7 in paragraph 7#b7-- 7i7 by striking buildings and inserting facilities2 and 7ii7 by striking building and inserting facility2 and 7,c7 in paragraph 7#c71 by adding at the end the following3 ,not later than #a year after the date of enactment of the ,moving ,forward ,act1 the ,secretary shall issue guidelines to establish criteria for exclusions to water performance requirements under paragraph 7#a74 ,the ,secretary shall update the criteria for exclusions under this subsection as appropriate to reflect changing technology and other conditions42 7#e7 in subsection 7d77#b7-- 7,a7 by inserting and water after energy2 and 7,b7 by striking buildings and inserting facilities2 7#f7 in subsection 7e7-- 7,a7 in the subsection heading1 by inserting and water after energy2 7,b7 in paragraph 7#a7-- 7i7 by striking ,by ,october #a and inserting the following3 7,a7 ,energy ,by ,october #a 2 7ii7 by striking buildings each place it appears and inserting facilities2 and 7iii7 by adding at the end the following3 7,b7 ,water ,by ,february #a1 #bjbe1 in accordance with guidelines established by the ,secretary under paragraph 7#b71 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 facilities4 2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking and before ,federal2 7,,ii7 by inserting and any other person the ,secretary deems necessary1 before shall2 and 7,,iii7 by striking paragraph 7#a74 and inserting paragraph 7#a77;,a74 ,not later than #ahj days after the date of enactment of the ,moving ,forward ,act1 the ,secretary1 in consultation with such departments and entities1 shall establish guidelines for agencies to carry out paragraph 7#a77;,b742 7ii7 in subparagraph 7,b7-- 7,i7 by amending clause 7i77,,ii7 to read as follows3 7,,ii7 the extent to which metering is expected to result in increased potential for energy and water management1 increased potential for energy and water savings1 energy and water efficiency improvements1 and cost savings due to utility contract aggregation2 and 2 7,,ii7 in clause 7ii71 by inserting and water after energy2 7,,iii7 in clause 7iii71 by striking buildings and inserting facilities2 and 7,,iv7 in clause 7iv71 by striking energy use of a ,federal building and inserting energy and water use of a ,federal facility2 and 7,d7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking this paragraph and inserting the ,moving ,forward ,act2 and 7,,ii7 by inserting and water before use in2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking buildings each place it appears and inserting facilities2 and 7,,ii7 in clause 7ii71 in the matter preceding subclause 7,i71 by inserting and water after energy2 7#g7 in subsection 7f7-- 7,a7 in the subsection heading1 by striking buildings and inserting facilities2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,in this subsection and inserting ,in this section2 7ii7 in subparagraph 7,b77i77,,ii71 by inserting and water after energy2 and 7iii7 in subparagraph 7,c77i71 by inserting that consumes energy or water and is before owned or operated2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting and water before use2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking energy before efficiency2 and 7,,ii7 by inserting or water before use2 7,d7 in paragraph 7#g77;,b77ii77,,ii71 by inserting and water after energy2 7,e7 in paragraph 7#h7-- 7i7 by striking building each place it appears and inserting facility2 7ii7 in subparagraph 7,a71 by adding at the end the following3 ,the energy manager shall enter water use data for each metered facility that is 7or is a part of7 a facility that meets the criteria established by the ,secretary under paragraph 7#b77;,b7 into a facility water use benchmarking system42 and 7iii7 in subparagraph 7,b71 by striking this subsection and inserting the date of enactment of the ,moving ,forward ,act2 and 7,f7 in paragraph 7#i77;,a71 in the matter preceding clause 7i71 by inserting and water after energy2 and 7#h7 in subsection 7g77#a7-- 7,a7 by striking building and inserting facility2 and 7,b7 by striking energy efficient and inserting energy and water efficient4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #edc and inserting the following3 ,sec4 #edc4 ,energy and water management requirements4 4 #ccbeb4 ,federal ,energy ,management ,program ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended by adding at the end the following3 7h7 ,federal energy management program 7#a7 ,in general ,the ,secretary shall carry out a program1 to be known as the ,federal ,energy ,management ,program 7referred to in this subsection as the ,program71 to facilitate the implementation by the ,federal ,government of cost-effective energy and water management and energy-related investment practices-- 7,a7 to coordinate and strengthen ,federal energy and water resilience2 and 7,b7 to promote environmental stewardship4 7#b7 ,federal ,director ,the ,secretary shall appoint an individual to serve as the director of the ,program 7referred to in this subsection as the ,federal ,director71 which shall be a career position in the ,senior ,executive service1 to administer the ,program4 7#c7 ,program activities 7,a7 ,strategic planning and technical assistance ,in administering the ,program1 the ,federal ,director shall-- 7i7 provide technical assistance and project implementation support and guidance to agencies to identify1 implement1 procure1 and track energy and water conservation measures required under this ,act and under other provisions of law2 7ii7 in coordination with the ,administrator of the ,general ,services ,administration1 establish appropriate procedures1 methods1 and best practices for use by agencies to select1 monitor1 and terminate contracts entered into pursuant to a utility incentive program under section #edf7;c7 with utilities2 7iii7 carry out the responsibilities of the ,secretary under section #hja1 as determined appropriate by the ,secretary2 7iv7 establish and maintain internet-based information resources and project tracking systems and tools for energy and water management2 7v7 coordinate comprehensive and strategic approaches to energy and water resilience planning for agencies2 and 7vi7 establish a recognition program for ,federal achievement in energy and water management1 energy-related investment practices1 environmental stewardship1 and other relevant areas1 through events such as individual recognition award ceremonies and public announcements4 7,b7 ,energy and water management and reporting ,in administering the ,program1 the ,federal ,director shall-- 7i7 track and report on the progress of agencies in meeting the requirements of the agency under this section2 7ii7 make publicly available agency performance data required under-- 7,i7 this section and sections #edd1 #edf1 #edg1 and #edh2 and 7,,ii7 section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb72 7iii7 7,i7 collect energy and water use and consumption data from each agency2 and 7,,ii7 based on that data1 submit to each agency a report that will facilitate the energy and water management1 energy-related investment practices1 and environmental stewardship of the agency in support of ,federal goals under this ,act and under other provisions of law2 7iv7 carry out the responsibilities of the ,secretary under section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd72 7v7 in consultation with the ,administrator of the ,general ,services ,administration1 acting through the head of the ,office of ,high-,performance ,green ,buildings1 establish and implement sustainable design principles for ,federal facilities2 and 7vi7 designate products that meet the highest energy conservation standards for categories not covered under the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a74 7,c7 ,federal interagency coordination ,in administering the ,program1 the ,federal ,director shall-- 7i7 develop and implement accredited training consistent with existing ,federal programs and activities-- 7,i7 relating to energy and water use1 management1 and resilience in ,federal facilities1 energy-related investment practices1 and environmental stewardship2 and 7,,ii7 that includes in-person training1 internet-based programs1 and national in-person training events2 7ii7 carry out the functions of the ,secretary with respect to the ,interagency ,energy ,management ,task ,force under section #edg2 and 7iii7 report on the implementation of the priorities of the ,president1 including ,executive orders1 relating to energy and water use in ,federal facilities1 in coordination with-- 7,i7 the ,office of ,management and ,budget2 7,,ii7 the ,council on ,environmental ,quality2 and 7,,iii7 any other entity1 as considered necessary by the ,federal ,director4 7,d7 ,facility and fleet optimization ,in administering the ,program1 the ,federal ,director shall develop guidance1 supply assistance to1 and track the progress of agencies-- 7i7 in conducting portfolio-wide facility energy and water resilience planning and project integration2 7ii7 in building new construction and major renovations to meet the sustainable design and energy and water performance standards required under this section2 7iii7 in developing guidelines for-- 7,i7 facility commissioning2 and 7,,ii7 facility operations and maintenance2 and 7iv7 in coordination with the ,administrator of the ,general ,services ,administration1 in meeting statutory and agency goals for ,federal fleet vehicles4 7#d7 ,management council ,the ,federal ,director shall establish a management council to advise the ,federal ,director that shall-- 7,a7 convene not less frequently than once every quarter2 and 7,b7 consist of representatives from-- 7i7 the ,council on ,environmental ,quality2 7ii7 the ,office of ,management and ,budget2 and 7iii7 the ,office of ,federal ,high-,performance ,green ,buildings in the ,general ,services ,administration4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #cf1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #e ,targeted residential tree-planting #ccbfa4 ,definitions ,as used in this chapter3 7#a7 ,the term nonprofit tree-planting organization means any organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c771 that is exempt from taxation under section #eja7;a7 of such ,code 7#bf ,u4,s4,c4 #eja7;a771 which exists1 in whole or in part1 to-- 7,a7 expand urban and residential tree cover2 7,b7 distribute young trees for planting2 7,c7 increase awareness of the environmental and energy-related benefits of trees2 7,d7 educate the public about proper tree planting1 care1 and maintenance strategies2 or 7,e7 carry out any combination of the foregoing activities4 7#b7 ,the term retail power provider means any entity authorized under applicable ,state or ,federal law to generate1 distribute1 or provide retail electricity1 natural gas1 or fuel oil service4 7#c7 ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and each commonwealth1 territory1 or possession of the ,united ,states4 #ccbfb4 ,grant program 7a7 ,authority ,the ,secretary shall establish a grant program to provide financial assistance to retail power providers to support the establishment of new1 or continued operation of existing1 targeted residential tree-planting programs4 7b7 ,cooperation ,in carrying out the grant program established pursuant to subsection 7a71 the ,secretary may cooperate with1 and provide assistance for such cooperation to1 ,state foresters or equivalent ,state officials or ,indian ,tribes4 7c7 ,requirements for tree-,planting programs ,in order to qualify for assistance under the grant program established pursuant to subsection 7a71 a retail power provider shall1 in accordance with this chapter1 establish and operate1 or continue operating1 a targeted residential tree-planting program that meets each of the following requirements3 7#a7 ,the program shall provide free or discounted shade-providing or wind-reducing trees to residential consumers4 ,if providing free and discounted trees under the program1 priority for free trees shall be given to areas where the average annual income is below the regional median4 7#b7 ,the program shall either provide trees to plant to-- 7,a7 provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity2 or 7,b7 provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity4 7#c7 ,the program shall use the best available science to create1 as needed1 and utilize tree-siting guidelines which dictate where the optimum tree species are best planted in locations that ensure adequate root development and that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure1 considering overhead and underground facilities4 ,such guidelines shall-- 7,a7 include the species and minimum size of trees that are mostly likely to result in a successful tree planting2 and 7,b7 outline the minimum distance required-- 7i7 between the trees that are being planted2 and 7ii7 between such trees and building foundations1 air conditioning units1 driveways and walkways1 property fences1 preexisting utility infrastructure1 septic systems1 swimming pools1 and other infrastructure as determined appropriate2 and 7,c7 ensure that trees planted under the tree-planting program near existing power lines will not interfere with energized electricity distribution lines when mature4 7#d7 ,the program shall provide that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the retail power provider with jurisdiction over such transmission lines4 7#e7 ,the program shall provide tree recipients with tree planting and tree care instruction and education prior to or in conjunction with delivery of free or discounted trees4 7#f7 ,the program shall provide for engagement and collaboration with community members that will be affected by the program4 7#g7 ,the program shall provide tree care assistance for trees planted under the program for a period of time1 to be determined by the retail power provider1 in consultation with the nonprofit tree-planting organization1 local municipal government1 or conservation district with which the retail power provider has entered into an agreement described in subsection 7e7 and the applicable local technical advisory committee established pursuant to subsection 7f71 to ensure long-term survival of the trees4 7#h7 ,the program has been certified by the ,secretary that it is designed to achieve the requirements set forth in paragraphs 7#a7 through 7#g74 ,in designating criteria for such certification1 the ,secretary shall collaborate with the ,forest ,service's ,urban and ,community ,forestry ,program1 and may consult with the ,administrator of the ,environmental ,protection ,agency1 to ensure that such criteria are consistent with such requirements4 7d7 ,new program funding share ,the ,secretary shall ensure that no less than #cj percent of the funds made available under this chapter are distributed to retail power providers that-- 7#a7 have not previously established or operated a targeted residential tree-planting program that meets the requirements described in subsection 7c72 or 7#b7 are operating a targeted residential tree-planting program that meets the requirements described in subsection 7c7 which was established no more than three years prior to the date of enactment of this ,act4 7e7 ,agreements between retail power providers and nonprofit tree-,planting organizations 7#a7 ,grant authorization ,the ,secretary may provide assistance under the grant program established pursuant to subsection 7a7 only to a retail power provider that has entered into a binding legal agreement with a nonprofit tree-planting organization4 7#b7 ,conditions of agreement ,an agreement between a retail power provider and a nonprofit tree-planting organization described in paragraph 7#a7 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 provider4 ,such conditions-- 7,a7 shall require the nonprofit tree-planting organization to participate in a local technical advisory committee in accordance with subsection 7f72 and 7,b7 may require the nonprofit tree-planting organization to-- 7i7 coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations under the tree-planting program2 7ii7 support a workforce development program that trains a local workforce and assists with job-placement2 7iii7 undertake a public awareness campaign to educate local residents about the benefits1 cost savings1 and availability of free trees2 7iv7 establish education and information campaigns to encourage recipients of trees under the tree-planting program to maintain their trees over the long term2 7v7 serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program2 7vi7 require recipients of trees under the tree-planting program to sign agreements committing to voluntary stewardship and care of provided trees2 and 7vii7 monitor and report on the survival1 growth1 overall health1 and estimated energy savings of trees provided under the tree-planting program up until the end of their establishment period1 which shall be no less than #e years4 7#c7 ,lack of nonprofit tree-planting organization ,if a nonprofit tree-planting organization does not exist or operate within the area served by a retail power provider applying for assistance under this section1 the requirements of this section shall apply to binding legal agreements entered into by such retail power provider and one of the following entities3 7,a7 ,a local municipal government with jurisdiction over the urban or suburban forest4 7,b7 ,a conservation district4 7f7 ,technical advisory committees 7#a7 ,condition ,in order to qualify for assistance under the grant program established pursuant to subsection 7a71 a retail power provider shall agree to consult with the nonprofit tree-planting organization1 local municipal government1 or conservation district with which the retail power provider has entered into an agreement described in subsection 7e7 and ,state foresters or equivalent ,state officials to establish a local technical advisory committee described in paragraph 7#b7 not later than #cj days after receiving such assistance4 7#b7 ,description ,a local technical advisory committee shall provide advice to1 and consult with1 a retail power provider and nonprofit tree-planting organization1 local municipal government1 or conservation district regarding the applicable targeted residential tree-planting program4 ,the advisory committee may-- 7,a7 design and adopt an approved plant list for the tree-planting program that emphasizes the use of hardy1 noninvasive tree species and1 where geographically appropriate1 the use of native or low water-use shade trees1 or both2 7,b7 design and adopt planting1 installation1 and maintenance specifications and create a process for inspection and quality control for the tree-planting program2 7,c7 assist in developing long-term care and maintenance instructions for recipients of trees under the tree-planting program2 7,d7 assist the retail power provider and nonprofit tree-planting organization1 local municipal government1 or conservation district1 as appropriate1 with public outreach and education regarding the tree-planting program2 7,e7 assist in establishing a procedure for monitoring and collection of data on tree health1 tree survival1 and energy conservation benefits generated by the tree-planting program2 7,f7 provide guidelines and recommendations for establishing or supporting existing workforce development programs as part of1 and for prioritizing local hiring under1 a tree-planting program2 and 7,g7 assist the retail power provider in maintaining and compiling information regarding the tree-planting program for purposes of the reports described in subsection 7i77#a74 7#c7 ,compensation ,individuals serving on a local technical advisory committee shall not receive compensation for their service4 7#d7 ,composition ,local technical advisory committees shall be composed of representatives from public1 private1 and nongovernmental organizations with expertise in demand-side energy efficiency management1 urban forestry1 arboriculture1 or landscape architecture1 and shall be composed of the following3 7,a7 ,up to four persons1 but no less than one person1 representing the retail power provider receiving assistance under this section4 7,b7 ,up to four persons1 but no less than one person1 representing the nonprofit tree-planting organization that has entered into an agreement described in subsection 7e7 with the retail power provider to carry out the applicable targeted residential tree-planting program4 7,c7 ,up to three persons representing local nonprofit conservation or environmental organizations4 ,preference shall be given to those organizations which are organized under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 and which have demonstrated expertise engaging the public in energy conservation1 energy efficiency1 or green building practices or a combination thereof4 ,no single organization may be represented by more than one individual under this subparagraph4 7,d7 ,up to two persons representing a local affordable housing agency1 affordable housing builder1 or community development corporation4 7,e7 ,up to three1 but no less than one1 persons representing local city or county government for each municipality where a targeted residential tree-planting program will take place and at least one of these representatives shall be the city or county forester1 city or county arborist1 conservation district forester or functional equivalent4 7,f7 ,up to one person representing the local government agency responsible for management of roads1 sewers1 and infrastructure1 including public works departments1 transportation agencies1 or equivalents4 7,g7 ,up to two persons representing the nursery and landscaping industry4 7,h7 ,up to two persons1 but no less than one person1 representing ,state foresters1 landscape architects1 or equivalent ,state officials4 7,i7 ,up to three persons representing the research community or academia with expertise in natural resources or energy management issues4 7#e7 ,chairperson 7,a7 ,in general ,each local technical advisory committee shall elect a chairperson to preside over committee meetings1 act as a liaison to governmental and other outside entities1 and direct the general operation of the committee4 7,b7 ,eligibility ,only committee representatives under paragraph 7#d77;,a7 or paragraph 7#d77;,b7 shall be eligible to act as a local technical advisory committee chairperson4 7#f7 ,credentials ,at least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials3 7,a7 ,certified ,arborist1 ,international ,society of ,arboriculture4 7,b7 ,certified ,forester1 ,society of ,american ,foresters4 7,c7 ,certified ,arborist ,municipal ,specialist1 ,international ,society of ,arboriculture4 7,d7 ,certified ,arborist ,utility ,specialist1 ,international ,society of ,arboriculture4 7,e7 ,board ,certified ,master ,arborist1 ,international ,society of ,arboriculture4 7,f7 ,licensed landscape architect1 ,american ,society of ,landscape ,architects4 7g7 ,cost share program 7#a7 ,federal share ,the ,federal share of support for any targeted residential tree-planting program funded under this section shall not exceed #ej percent of the cost of such program and shall be provided on a matching basis4 7#b7 ,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 ,states4 7h7 ,competitive grant procedures ,not later than #ij days after the date of enactment of this ,act1 after notice and opportunity for comment1 the ,secretary shall establish procedures for a public1 competitive grants process through which retail power providers may apply for assistance under this section4 7i7 ,reports 7#a7 ,to the ,secretary ,not later than #a year after receiving assistance under the grant program established pursuant to subsection 7a71 and each subsequent year for the duration of the grant1 each such recipient shall submit to the ,secretary a report describing the results of the activities funded by such assistance1 including as applicable-- 7,a7 the number of trees planted under the applicable targeted residential tree-planting program2 7,b7 the benefits of the applicable targeted residential tree-planting program to the local community2 7,c7 any barriers to planting trees as part of the applicable targeted residential tree-planting program2 and 7,d7 any other information the ,secretary considers appropriate4 7#b7 ,to ,congress ,not later than #c years after providing assistance under the grant program established pursuant to subsection 7a71 and each year after1 the ,secretary shall submit to ,congress a report that includes-- 7,a7 the number of applications for assistance under the program received and funded1 annually2 7,b7 the number of trees planted under the targeted residential tree-planting programs for which assistance is provided under the program2 7,c7 the benefits of such tree-planting programs1 including those related to climate change1 energy savings1 and stormwater runoff2 7,d7 any barriers to planting trees in communities2 7,e7 recommendations for improving the grant program2 and 7,f7 any other information the ,secretary considers appropriate4 #ccbfc4 ,public recognition initiative 7a7 ,arbor ,city of ,america ,the ,secretary shall annually-- 7#a7 designate a city1 municipality1 community1 or other area as the ,secretary determines appropriate1 as the ,arbor ,city of ,america to recognize superior efforts in increasing tree canopy coverage and assisting residents in reducing energy costs through tree planting2 and 7#b7 provide funding to such city1 municipality1 community1 or other area to carry out projects that increase green infrastructure or green spaces within such city1 municipality1 community1 or other area4 7b7 ,procedures ,not later than #ij days after the date of enactment of this ,act1 after notice and opportunity for comment1 the ,secretary shall establish procedures for carrying out this section4 #ccbfd4 ,nonduplicity ,nothing in this chapter shall be construed to supersede1 duplicate1 cancel1 or negate the programs or authorities provided under section #i of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baje74 #ccbfe4 ,authorization of appropriations ,for each of fiscal years #bjba through #bjbe1 there are authorized to be appropriated #e1jjj1jjj to carry out this chapter1 of which #bej1jjj shall be used to provide funding to the applicable city1 municipality1 community1 or other area designated under section #ccbfc as the ,arbor ,city of ,america for such year for projects described in such section4 #f ,industrial ,energy ,savings #ccbga4 ,rebate program for energy efficient electrotechnologies 7a7 ,definitions ,in this section3 7#a7 ,energy efficient electrotechnology ,the term energy efficient electrotechnology means-- 7,a7 any electric technology that1 when used instead of a fossil fuel-fired technology in an industrial process results in-- 7i7 energy efficiency1 or production efficiency1 gains2 or 7ii7 environmental benefits2 or 7,b7 any electric technology that1 when used instead of a fossil fuel-fired technology in an industrial application results in-- 7i7 improvements in on-site logistics or material handling2 and 7ii7 energy efficiency gains and environmental benefits4 7#b7 ,qualified entity ,the term qualified entity means an industrial or manufacturing facility1 commercial building1 or a utility or energy service company4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide rebates in accordance with this section4 7c7 ,rebates ,the ,secretary may provide a rebate under the program established under subsection 7b7 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 replace a fossil fuel-fired technology4 7d7 ,requirements ,to be eligible to receive a rebate under this section1 the owner or operator of a qualified entity shall submit to the ,secretary an application demonstrating-- 7#a7 that the owner or operator of the qualified entity purchased an energy efficient electrotechnology2 7#b7 the energy efficiency gains1 production efficiency gains1 and environmental benefits1 as applicable1 resulting from use of the energy efficient electrotechnology-- 7,a7 as measured by a qualified professional or verified by the energy efficient electrotechnology manufacturer1 as applicable2 or 7,b7 as determined by the ,secretary2 7#c7 that the fossil fuel-fired technology replaced by the energy efficient electrotechnology has been permanently decommissioned and scrapped2 and 7#d7 that all laborers and mechanics who were involved in the installation or maintenance1 or construction or renovation to support such installation or maintenance1 of the energy efficient electrotechnology1 or the decommissioning and scrapping of the fossil fuel-fired technology replaced by the energy efficient electrotechnology1 and who were employed by the owner or operator of the qualified entity1 or contractors or subcontractors at any tier thereof1 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 #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7e7 ,limitation ,the ,secretary may not provide a rebate under the program established under subsection 7b7 to an 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 replace a fossil fuel-fired technology if the ,secretary determines that such expenditures were necessary for the owner or operator to comply with ,federal or ,state law4 7f7 ,authorized amount of rebate ,the amount of a rebate provided under this section shall be not less than #cj percent1 and not more than #ej percent1 of the overall cost of the energy efficient electrotechnology1 including installation costs4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 ,c ,vehicles #a ,,dera #cccja4 ,reauthorization of diesel emissions reduction program ,section #gig7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacg7;a77 is amended by striking #ajj1jjj1jjj for each of fiscal years #bjab through #bjaf and inserting #ejj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #b ,clean ,commute for ,kids #cccaa4 ,reauthorization of ,clean ,school ,bus ,program 7a7 ,definitions 7#a7 ,alternative fuel ,section #gda7;a77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a77 is amended-- 7,a7 in subparagraph 7,b71 by striking or after the semicolon2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 electricity4 4 7#b7 ,clean school bus ,paragraph 7#c7 of section #gda7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a77 is amended to read as follows3 7#c7 ,clean school bus ,the term clean school bus means-- 7,a7 a school bus with a gross vehicle weight of greater than #ad1jjj pounds that-- 7i7 is powered by a heavy duty engine2 and 7ii7 is operated solely on an alternative fuel or ultra-low sulfur diesel fuel2 or 7,b7 a vehicle designed to carry more than #aj passengers that-- 7i7 complies with ,federal motor vehicle safety standards for school buses2 and 7ii7 meets or exceeds ,federal vehicle emission standards for medium-duty passenger vehicles for model year #bjaf4 4 7b7 ,program for ,retrofit or ,replacement of ,certain ,existing ,school ,buses with ,clean ,school ,buses 7#a7 ,national grant1 rebate1 and loan programs 7,a7 ,in general ,section #gda7;b77#a77;,a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#a77;,a77 is amended by inserting after awarding grants the following3 1 rebates1 and low-cost revolving loans1 as determined by the ,administrator1 including through contracts pursuant to subsection 7d714 7,b7 ,conforming changes ,section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7 is amended-- 7i7 in subsection 7a77#d77;,b71 by striking grant funds and inserting award funds2 7ii7 in subsection 7b77#a77;,b71 by striking awarding grants each place it appears and inserting making awards2 7iii7 in the heading of subsection 7b77#b71 by striking grant applications and inserting award applications2 7iv7 in subsection 7b77#b77;,a71 by striking grant applications and inserting award applications2 7v7 in subsection 7b77#c77;,a71 by striking grant and insert award2 7vi7 and 7b77#d7-- 7,i7 in the paragraph heading1 by striking grants and inserting awards2 and 7,,ii7 by striking award grants and inserting make awards2 7vii7 in subsection 7b77#g7-- 7,i7 by striking grant awards and inserting awards2 and 7,,ii7 by striking grant funding and inserting funding2 7viii7 in subsection 7b77#h77;,a77ii7-- 7,i7 in subclauses 7,i7 and 7,,ii71 by striking grant applications each place it appears and inserting award applications2 and 7,,ii7 in subclause 7,,iii7-- 7aa7 by striking grants awarded and inserting awards made2 and 7bb7 by striking grant recipients and inserting award recipients2 and 7ix7 in subsection 7c77#c7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking grant recipients and inserting award recipients2 and 7bb7 by striking grants and inserting awards2 and 7,,ii7 in subparagraph 7,c71 by striking grant program and inserting award program4 7#b7 ,priority of award applications ,section #gda7;b77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#b77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #aigg and inserting #bjjg2 and 7ii7 by inserting before the period at the end with clean school buses with low or zero emissions2 and 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,retrofitting ,in the case of award applications to retrofit school buses1 the ,administrator shall give highest priority to applicants that propose to retrofit school buses manufactured in or after model year #bjaj to become clean school buses4 4 7#c7 ,use of school bus fleet ,section #gda7;b77#c77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#c77;,b77 is amended by inserting charged1 after operated14 7#d7 ,replacement awards ,paragraph 7#e7 of section #gda7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77 is amended to read as follows3 7#e7 ,replacement awards ,in the case of awards to replace school buses-- 7,a7 the ,administrator may make awards for up to #fj percent of the replacement costs2 and 7,b7 such replacement costs may include the costs of acquiring the clean school buses and charging and fueling infrastructure4 4 7#e7 ,ultra low-sulfur diesel fuel ,section #gda7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77 is amended-- 7,a7 by striking paragraph 7#f72 and 7,b7 by redesignating paragraph 7#g7 as paragraph 7#f74 7#f7 ,scrappage ,section #gda7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77 is further amended by inserting after paragraph 7#f71 as redesignated1 the following new paragraph3 7#g7 ,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 engine1 the ,administrator shall require the recipient of the award to verify that the replaced bus1 or the engine of a retrofitted bus that was removed1 was returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for scrappage4 4 7c7 ,education ,paragraph 7#a7 of section #gda7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;c77 is amended to read as follows3 7#a7 ,in general ,not later than #ij days after the date of enactment of the ,clean ,commute for ,kids ,act of #bjbj1 the ,administrator shall develop an education outreach program to promote and explain the award program under subsection 7b71 as amended by such ,act4 4 7d7 ,contract programs2 administrative costs ,section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7f72 and 7#b7 by inserting after subsection 7c7 the following new subsections3 7d7 ,contract programs 7#a7 ,authority ,in addition to the use of contracting authority otherwise available to the ,administrator1 the ,administrator may enter into contracts with eligible contractors described in paragraph 7#b7 for awarding rebates and low-cost revolving loans pursuant to subsection 7b77#a74 7#b7 ,eligible contractors ,a contractor is an eligible contractor described in this paragraph if the contractor is a for-profit1 not-for-profit1 or nonprofit entity that has the capacity-- 7,a7 to sell clean school buses or equipment to1 or to arrange financing for1 individuals or entities that own a school bus or fleet of school buses2 or 7,b7 to upgrade school buses or their equipment with verified or ,environmental ,protection ,agency-certified engines or technologies1 or to arrange financing for such upgrades4 7e7 ,administrative costs ,the ,administrator may not use1 for the administrative costs of carrying out this section1 more than one percent of the amounts made available to carry out this section for any fiscal year4 4 7e7 ,authorization of appropriations ,subsection 7f71 as redesignated1 of section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7 is amended to read as follows3 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,administrator to carry out this section1 to remain available until expended1 #acj1jjj1jjj for each of fiscal years #bjba through #bjbe1 of which not less than #de1jjj1jjj 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 disadvantaged community4 7#b7 ,definition ,in this subsection1 the term underserved or disadvantaged community means a community located in a zip code within a census tract that is identified as-- 7,a7 a low-income community2 7,b7 an urban community of color2 or 7,c7 any other urban community that the ,administrator determines is disproportionately vulnerable to1 or bears a disproportionate burden of1 any combination of economic1 social1 and environmental stressors4 4 #cccab4 ,study on impact of air pollution from vehicles idling in school zones ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services and the ,administrator of the ,environmental ,protection ,agency1 acting jointly1 shall-- 7#a7 complete a study on the impacts on the health of children related to the emission of air pollutants from school buses and other vehicles idling in school zones2 and 7#b7 submit a report to the ,congress on the results of such study4 #c ,refrigerated vehicles #cccba4 ,pilot program for the electrification of certain refrigerated vehicles 7a7 ,establishment of pilot program ,the ,administrator shall establish and carry out a pilot program to award funds1 in the form of grants1 rebates1 and low-cost revolving loans1 as determined appropriate by the ,administrator1 on a competitive basis1 to eligible entities to carry out projects described in subsection 7b74 7b7 ,projects ,an eligible entity receiving an award of funds under subsection 7a7 may use such funds only for one or more of the following projects3 7#a7 ,transport refrigeration unit replacement ,a project to retrofit a heavy-duty vehicle by replacing or retrofitting the existing diesel-powered transport refrigeration unit in such vehicle with an electric transport refrigeration unit and retiring the replaced unit for scrappage4 7#b7 ,shore power infrastructure ,a project to purchase and install shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power and operate without using diesel fuel4 7c7 ,maximum amounts ,the amount of an award of funds under subsection 7a7 shall not exceed-- 7#a7 for the costs of a project described in subsection 7b77#a71 #ge percent of such costs2 and 7#b7 for the costs of a project described in subsection 7b77#b71 #ee percent of such costs4 7d7 ,applications ,to be eligible to receive an award of funds under subsection 7a71 an eligible entity shall submit to the ,administrator-- 7#a7 a description of the air quality in the area served by the eligible entity1 including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles2 7#b7 a description of the project proposed by the eligible entity1 including-- 7,a7 any technology to be used or funded by the eligible entity2 and 7,b7 a description of the heavy-duty vehicle or vehicles of the eligible entity1 that will be retrofitted1 if any1 including-- 7i7 the number of such vehicles2 7ii7 the uses of such vehicles2 7iii7 the locations where such vehicles dock for the purpose of loading or unloading2 and 7iv7 the routes driven by such vehicles1 including the times at which such vehicles are driven2 7#c7 an estimate of the cost of the proposed project2 7#d7 a description of the age and expected lifetime control of the equipment used or funded by the eligible entity2 and 7#e7 provisions for the monitoring and verification of the project including to verify scrappage of replaced units4 7e7 ,priority ,in awarding funds under subsection 7a71 the ,administrator shall give priority to proposed projects that1 as determined by the ,administrator-- 7#a7 maximize public health benefits2 7#b7 are the most cost-effective2 and 7#c7 will serve the communities that are most polluted by diesel motor emissions1 including communities that the ,administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant1 particularly for-- 7,a7 ozone2 and 7,b7 particulate matter4 7f7 ,data release ,not later than #abj days after the date on which an award of funds is made under this section1 the ,administrator shall publish on the website of the ,environmental ,protection ,agency1 on a downloadable electronic database1 information with respect to such award of funds1 including-- 7#a7 the name and location of the recipient2 7#b7 the total amount of funds awarded2 7#c7 the intended use or uses of the awarded funds2 7#d7 the date on which the award of funds was approved2 7#e7 where applicable1 an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award2 and 7#f7 any other data the ,administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under this section4 7g7 ,reports to ,congress 7#a7 ,annual report to ,congress ,not later than #a year after the date of the establishment of the pilot program under this section1 and annually thereafter until amounts made available to carry out this section are expended1 the ,administrator shall submit to ,congress and make available to the public a report that describes1 with respect to the applicable year-- 7,a7 the number of applications for awards of funds received under such program2 7,b7 all awards of funds made under such program1 including a summary of the data described in subsection 7f72 7,c7 the estimated reduction of annual emissions of air pollutants regulated under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji71 and the estimated reduction of greenhouse gas emissions1 associated with the awards of funds made under such program2 7,d7 the number of awards of funds made under such program for projects in communities described in subsection 7e77#c72 and 7,e7 any other data the ,administrator determines to be necessary to describe the implementation1 outcomes1 or effectiveness of such program4 7#b7 ,final report ,not later than #a year after amounts made available to carry out this section are expended1 or #e years after the pilot program is established1 whichever comes first1 the ,administrator shall submit to ,congress and make available to the public a report that describes-- 7,a7 all of the information collected for the annual reports under paragraph 7#a72 7,b7 any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable goods or other goods requiring climate-controlled conditions1 including in low-income communities and communities of color2 7,c7 any challenges or benefits that recipients of awards of funds under such program reported with respect to the integration or use of electric transport refrigeration units and associated technologies2 7,d7 an assessment of the national market potential for electric transport refrigeration units2 7,e7 an assessment of challenges and opportunities for widespread deployment of electric transport refrigeration units1 including in urban areas2 and 7,f7 recommendations for how future ,federal1 ,state1 and local programs can best support the adoption and widespread deployment of electric transport refrigeration units4 7h7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,diesel-powered transport refrigeration unit ,the term diesel-powered transport refrigeration unit means a transport refrigeration unit that is powered by an independent diesel internal combustion engine4 7#c7 ,electric transport refrigeration unit ,the term electric transport refrigeration 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 power1 including all-electric transport refrigeration units1 hybrid electric transport refrigeration units1 and standby electric transport refrigeration units4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a regional1 ,state1 local1 or ,tribal agency1 or port authority1 with jurisdiction over transportation or air quality2 7,b7 a nonprofit organization or institution that-- 7i7 represents or provides pollution reduction or educational services to persons or organizations that own or operate heavy-duty vehicles or fleets of heavy-duty vehicles2 or 7ii7 has1 as its principal purpose1 the promotion of air quality2 7,c7 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 transportation and delivery of perishable goods or other goods requiring climate-controlled conditions2 7,d7 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-controlled conditions2 or 7,e7 a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions4 7#e7 ,heavy-duty vehicle ,the term heavy-duty vehicle means-- 7,a7 a commercial truck or van-- 7i7 used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions2 and 7ii7 with a gross vehicle weight rating greater than #f1jjj pounds2 or 7,b7 an insulated cargo trailer used in transporting perishable goods or other goods requiring climate-controlled conditions when mounted on a semitrailer4 7#f7 ,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 loaded1 including a food distribution center or other location where heavy-duty vehicles congregate4 7#g7 ,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 conditions4 7i7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 7#b7 ,administrative expenses ,the ,administrator may use not more than #a percent of amounts made available pursuant to paragraph 7#a7 for administrative expenses to carry out this section4 #d ,,ev infrastructure #cccca4 ,definitions ,in this chapter3 7#a7 ,electric vehicle supply equipment ,the term electric vehicle supply equipment means any conductors1 including ungrounded1 grounded1 and equipment grounding conductors1 electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,underserved or disadvantaged community ,the term underserved or disadvantaged community means-- 7,a7 a community located in a ,,zip code that includes a census tract that is identified as-- 7i7 a low-income community2 or 7ii7 a community of color2 or 7,b7 any other community that the ,secretary determines is disproportionately vulnerable to1 or bears a disproportionate burden of1 any combination of economic1 social1 and environmental stressors4 #ccccb4 ,electric vehicle supply equipment rebate program 7a7 ,rebate program ,not later than ,january #a1 #bjba1 the ,secretary shall establish a rebate program to provide rebates for covered expenses associated with publicly accessible electric vehicle supply equipment 7in this section referred to as the rebate program74 7b7 ,rebate program requirements 7#a7 ,eligible entities ,a rebate under the rebate program may be made to an individual1 a ,state1 local1 ,tribal1 or ,territorial government1 a private entity1 a not-for-profit entity1 a nonprofit entity1 or a metropolitan planning organization4 7#b7 ,eligible equipment 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 program4 7,b7 ,updates ,the ,secretary may1 by regulation1 add to1 or otherwise revise1 the list of electric vehicle supply equipment under subparagraph 7,a7 if the ,secretary determines that such addition or revision will likely lead to-- 7i7 greater usage of electric vehicle supply equipment2 7ii7 greater access to electric vehicle supply equipment by users2 or 7iii7 an improved experience for users of electric vehicle supply equipment4 7,c7 ,location requirement ,to be eligible for the rebate program1 the electric vehicle supply equipment described in subparagraph 7,a7 shall be installed-- 7i7 in the ,united ,states2 7ii7 on property-- 7,i7 owned by the eligible entity under paragraph 7#a72 or 7,,ii7 on which the eligible entity under paragraph 7#a7 has authority to install electric vehicle supply equipment2 and 7iii7 at a location that is-- 7,i7 a multi-unit housing structure2 7,,ii7 a workplace2 7,,iii7 a commercial location2 or 7,,iv7 open to the public for a minimum of #ab hours per day2 7#c7 ,application 7,a7 ,in general ,an eligible entity under paragraph 7#a7 may submit to the ,secretary an application for a rebate under the rebate program4 ,such application shall include-- 7i7 the estimated cost of covered expenses to be expended on the electric vehicle supply equipment that is eligible under paragraph 7#b72 7ii7 the estimated installation cost of the electric vehicle supply equipment that is eligible under paragraph 7#b72 7iii7 the global positioning system location1 including the integer number of degrees1 minutes1 and seconds1 where such electric vehicle supply equipment is to be installed1 and identification of whether such location is-- 7,i7 a multi-unit housing structure2 7,,ii7 a workplace2 7,,iii7 a commercial location2 or 7,,iv7 open to the public for a minimum of #ab hours per day2 7iv7 the technical specifications of such electric vehicle supply equipment1 including the maximum power voltage and amperage of such equipment2 and 7v7 any other information determined by the ,secretary to be necessary for a complete application4 7,b7 ,review process ,the ,secretary shall review an application for a rebate under the rebate program and approve an eligible entity under paragraph 7#a7 to receive such rebate if the application meets the requirements of the rebate program under this subsection4 7,c7 ,notification to eligible entity ,not later than #a year after the date on which the eligible entity under paragraph 7#a7 applies for a rebate under the rebate program1 the ,secretary shall notify the eligible entity whether the eligible entity will be awarded a rebate under the rebate program following the submission of additional materials required under paragraph 7#e74 7#d7 ,rebate amount 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount of a rebate made under the rebate program for each charging unit shall be the lesser of-- 7i7 #ge percent of the applicable covered expenses2 7ii7 #b1jjj for covered expenses associated with the purchase and installation of non-networked level #b charging equipment2 7iii7 #d1jjj for covered expenses associated with the purchase and installation of networked level #b charging equipment2 or 7iv7 #ajj1jjj for covered expenses associated with the purchase and installation of networked direct current fast charging equipment4 7,b7 ,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-- 7i7 #ge percent of the applicable covered expenses2 7ii7 #a1jjj for covered expenses associated with the purchase and installation of non-networked level #b charging equipment2 7iii7 #b1jjj for covered expenses associated with the purchase and installation of networked level #b charging equipment2 or 7iv7 #be1jjj for covered expenses associated with the purchase and installation of networked direct current fast charging equipment4 7#e7 ,disbursement of rebate 7,a7 ,in general ,the ,secretary shall disburse a rebate under the rebate program to an eligible entity under paragraph 7#a71 following approval of an application under paragraph 7#c71 if such entity submits the materials required under subparagraph 7,b74 7,b7 ,materials required for disbursement of rebate ,not later than one year after the date on which the eligible entity under paragraph 7#a7 receives notice under paragraph 7#c77;,c7 that the eligible entity has been approved for a rebate1 such eligible entity shall submit to the ,secretary the following-- 7i7 a record of payment for covered expenses expended on the installation of the electric vehicle supply equipment that is eligible under paragraph 7#b72 7ii7 a record of payment for the electric vehicle supply equipment that is eligible under paragraph 7#b72 7iii7 the global positioning system location of where such electric vehicle supply equipment was installed and identification of whether such location is-- 7,i7 a multi-unit housing structure2 7,,ii7 a workplace2 7,,iii7 a commercial location2 or 7,,iv7 open to the public for a minimum of #ab hours per day2 7iv7 the technical specifications of the electric vehicle supply equipment that is eligible under paragraph 7#b71 including the maximum power voltage and amperage of such equipment2 and 7v7 any other information determined by the ,secretary to be necessary4 7,c7 ,agreement to maintain ,to be eligible for a rebate under the rebate program1 an eligible entity under paragraph 7#a7 shall enter into an agreement with the ,secretary to maintain the electric vehicle supply equipment that is eligible under paragraph 7#b7 in a satisfactory manner for not less than #e years after the date on which the eligible entity under paragraph 7#a7 receives the rebate under the rebate program4 7,d7 ,exception ,the ,secretary shall not disburse a rebate under the rebate program if materials submitted under subparagraph 7,b7 do not meet the same global positioning system location and technical specifications for the electric vehicle supply equipment that is eligible under paragraph 7#b7 provided in an application under paragraph 7#c74 7#f7 ,multi-port chargers ,an eligible entity under paragraph 7#a7 shall be awarded a rebate under the rebate program for covered expenses relating to the purchase and installation of a multi-port charger based on the number of publicly accessible charging ports1 with each subsequent port after the first port being eligible for #ej percent of the full rebate amount4 7#g7 ,hydrogen fuel cell refueling infrastructure ,hydrogen fuel cell refueling equipment shall be eligible for a rebate under the rebate program4 ,all requirements related to public accessibility of installed locations shall apply4 ,of the amounts appropriated to carry out the rebate program1 not more than #be percent may be used for rebates for hydrogen fuel cell refueling equipment4 7#h7 ,report ,not later than #c years after the first date on which the ,secretary awards a rebate under the rebate program1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report of the number of rebates awarded for electric vehicle supply equipment and hydrogen fuel cell refueling equipment in each of the location categories described in paragraph 7#b77;,c77iii74 7c7 ,definitions ,in this section3 7#a7 ,covered expenses ,the term covered expenses means an expense that is associated with the purchase and installation of electric vehicle supply equipment1 including-- 7,a7 the cost of electric vehicle supply equipment2 7,b7 labor costs associated with the installation of such electric vehicle supply equipment1 only if wages for such labor are paid at rates not less than those prevailing on similar labor in the locality of installation1 as determined by the ,secretary of ,labor under subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the 8,davis-,bacon ,act072 7,c7 material costs associated with the installation of such electric vehicle supply equipment1 including expenses involving electrical equipment and necessary upgrades or modifications to the electrical grid and associated infrastructure required for the installation of such electric vehicle supply equipment2 7,d7 permit costs associated with the installation of such electric vehicle supply equipment2 and 7,e7 the cost of an on-site energy storage system4 7#b7 ,electric vehicle ,the term electric vehicle means a vehicle that derives all or part of its power from electricity4 7#c7 ,multi-port charger ,the term multi-port charger means electric vehicle supply equipment capable of charging more than one electric vehicle4 7#d7 ,level #b charging equipment ,the term level #b charging equipment means electric vehicle supply equipment that provides an alternating current power source at a minimum of #bjh volts4 7#e7 ,networked direct current fast charging equipment ,the term networked direct current fast charging equipment means electric vehicle supply equipment that provides a direct current power source at a minimum of #ej kilowatts and is enabled to connect to a network to facilitate data collection and access4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #ccccc4 ,expanding access to electric vehicles in underserved communities 7a7 ,assessment 7#a7 ,in general 7,a7 ,assessment ,the ,secretary shall conduct an assessment of the state of1 challenges to1 and opportunities for the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities located in major urban areas and rural areas throughout the ,united ,states4 7,b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of the assessment conducted under subparagraph 7,a71 which shall-- 7i7 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-- 7,i7 the number of existing and planned ,level #b charging stations and ,,dc ,,fast charging stations per capita in each ,state for charging individually owned light-duty and medium-duty electric vehicles2 7,,ii7 the number of existing and planned ,level #b charging stations and ,,dc ,,fast charging stations for charging public and private fleet electric vehicles and medium- and heavy-duty electric equipment and electric vehicles2 7,,iii7 the number of ,level #b charging stations and ,,dc ,,fast charging stations installed in or available to occupants of publicly owned and privately owned multi-unit dwellings2 7,,iv7 information pertaining to policies1 plans1 and programs that cities1 ,states1 utilities1 and private entities are using to encourage greater deployment and usage of electric vehicles and the associated electric vehicle charging infrastructure1 including programs to encourage deployment of charging stations available to residents in publicly owned and privately owned multi-unit dwellings2 7,v7 information pertaining to ownership models for ,level #b charging stations and ,,dc ,,fast charging stations located in publicly owned and privately owned residential multi-unit dwellings1 commercial buildings1 public and private parking areas1 and curb-side locations2 and 7,,vi7 information pertaining to how charging stations are financed and the rates charged for the use of ,level #b charging stations and ,,dc ,,fast charging stations2 7ii7 describe the methodology used to obtain the information provided in the report2 7iii7 identify the barriers to expanding deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas1 including any challenges relating to such deployment in multi-unit dwellings2 7iv7 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 underserved or disadvantaged communities in major urban areas and rural areas1 including best practices with respect to-- 7,i7 public outreach and engagement2 and 7,,ii7 increasing deployment of electric vehicle charging infrastructure in publicly owned and privately owned multi-unit dwellings2 and 7v7 enumerate and identify the number 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 tracts4 7#b7 ,five-year update assessment ,not later than #e years after the date of the enactment of this ,act1 the ,secretary shall-- 7,a7 update the assessment conducted under paragraph 7#a77;,a72 and 7,b7 make public and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report1 which shall-- 7i7 update the information required by paragraph 7#a77;,b72 and 7ii7 include a description of case studies and key lessons learned after the date on which the report under paragraph 7#a77;,b7 was submitted with respect to expanding the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas4 7b7 ,definitions ,in this section3 7#a7 ,electric vehicle charging infrastructure ,the term electric vehicle charging infrastructure means electric vehicle supply equipment and other physical assets that provide for the distribution of and access to electricity for the purpose of charging an electric vehicle or a plug-in hybrid electric vehicle4 7#b7 ,major urban area ,the term major urban area means a metropolitan statistical area within the ,united ,states with an estimated population that is greater than or equal to #a1ejj1jjj4 #ccccd4 ,ensuring program benefits for underserved and disadvantaged communities ,in carrying out this chapter1 and the amendments made by this chapter1 the ,secretary shall provide1 to the extent practicable access to electric vehicle charging infrastructure1 address transportation needs1 and provide improved air quality in underserved or disadvantaged communities4 #cccce4 ,model building code for electric vehicle supply equipment 7a7 ,review ,the ,secretary shall review proposed or final model building codes for-- 7#a7 integrating electric vehicle supply equipment into residential and commercial buildings that include space for individual vehicle or fleet vehicle parking2 and 7#b7 integrating onsite renewable power equipment and electric storage equipment 7including electric vehicle batteries to be used for electric storage7 into residential and commercial buildings4 7b7 ,technical assistance ,the ,secretary shall provide technical assistance to stakeholders representing the building construction industry1 manufacturers of electric vehicles and electric vehicle supply equipment1 ,state and local governments1 and any other persons with relevant expertise or interests to facilitate understanding of the model code and best practices for adoption by jurisdictions4 #ccccf4 ,electric vehicle supply equipment coordination 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 acting through the ,assistant ,secretary of the ,office of ,electricity ,delivery and ,energy ,reliability 7including the ,smart ,grid ,task ,force71 shall convene a group to assess progress in the development of standards necessary to-- 7#a7 support the expanded deployment of electric vehicle supply equipment2 7#b7 develop an electric vehicle charging network to provide reliable charging for electric vehicles nationwide2 and 7#c7 ensure the development of such network will not compromise the stability and reliability of the electric grid4 7b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall provide to the ,committee on ,energy and ,commerce of the ,house of ,representatives and to the ,committee on ,energy and ,natural ,resources of the ,senate a report containing the results of the assessment carried out under subsection 7a7 and recommendations to overcome any barriers to standards development or adoption identified by the group convened under such subsection4 #ccccg4 ,state consideration of electric vehicle charging 7a7 ,consideration and determination respecting certain ratemaking standards ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,electric vehicle charging programs 7,a7 ,in general ,each ,state shall consider measures to promote greater electrification of the transportation sector1 including-- 7i7 authorizing measures to stimulate investment in and deployment of electric vehicle supply equipment and to foster the market for electric vehicle charging2 7ii7 authorizing each electric utility of the ,state to recover from ratepayers any capital1 operating expenditure1 or other costs of the electric utility relating to load management1 programs1 or investments associated with the integration of electric vehicle supply equipment into the grid2 and 7iii7 allowing a person or agency that owns and operates an electric vehicle charging facility for the sole purpose of recharging an electric vehicle battery to be excluded from regulation as an electric utility pursuant to section #c7d7 when making electricity sales from the use of the electric vehicle charging facility1 if such sales are the only sales of electricity made by the person or agency4 7,b7 ,definition ,for purposes of this paragraph1 the term electric vehicle supply equipment means conductors1 including ungrounded1 grounded1 and equipment grounding conductors1 electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 4 7b7 ,obligations ,to consider and determine 7#a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standards established by paragraph 7#bj7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority71 and each nonregulated electric utility1 shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to each standard established by paragraph 7#bj7 of section #aaa7;d74 4 7#b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended by striking 7#ai7 and inserting 7#bj74 7#c7 ,prior ,state actions ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 of this section shall not apply to the standard established by paragraph 7#bj7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the enactment of this subsection-- 7#a7 the ,state has implemented for such utility the standard concerned 7or a comparable standard72 7#b7 the ,state regulatory authority for such ,state or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for such utility2 7#c7 the ,state legislature has voted on the implementation of such standard 7or a comparable standard7 for such utility2 or 7#d7 the ,state has taken action to implement incentives or other steps to strongly encourage the deployment of electric vehicles4 4 #cccch4 ,state energy plans 7a7 ,state energy conservation plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended-- 7#a7 in paragraph 7#af71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 a ,state energy transportation plan developed in accordance with section #cfg2 and 4 7b7 ,authorization of appropriations ,section #cfe7;f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;f77 is amended to read as follows3 7f7 ,authorization of appropriations 7#a7 ,state energy conservation plans ,for the purpose of carrying out this part1 there are authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,state energy transportation plans ,in addition to the amounts authorized under paragraph 7#a71 for the purpose of carrying out section #cfg1 there are authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7c7 ,state energy transportation plans ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is amended by adding at the end the following3 #cfg4 ,state energy transportation plans 7a7 ,in general ,the ,secretary may provide financial assistance to a ,state to develop a ,state energy transportation plan1 for inclusion in a ,state energy conservation plan under section #cfb7;d71 to promote the electrification of the transportation system1 reduced consumption of fossil fuels1 and improved air quality4 7b7 ,development ,a ,state developing a ,state energy transportation plan under this section shall carry out this activity through the ,state energy office that is responsible for developing the ,state energy conservation plan under section #cfb4 7c7 ,contents ,a ,state developing a ,state energy transportation plan under this section shall include in such plan a plan to-- 7#a7 deploy a network of electric vehicle supply equipment to ensure access to electricity for electric vehicles2 and 7#b7 promote modernization of the electric grid to accommodate demand for power to operate electric vehicle supply equipment and to utilize energy storage capacity provided by electric vehicles4 7d7 ,coordination ,in developing a ,state energy transportation plan under this section1 a ,state shall coordinate1 as appropriate1 with-- 7#a7 ,state regulatory authorities 7as defined in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb772 7#b7 electric utilities2 7#c7 regional transmission organizations or independent system operators2 7#d7 private entities that provide electric vehicle charging services2 7#e7 ,state transportation agencies1 metropolitan planning organizations1 and local governments2 7#f7 electric vehicle manufacturers2 7#g7 public and private entities that manage vehicle fleets2 and 7#h7 public and private entities that manage ports1 airports1 or other transportation hubs4 7e7 ,technical assistance ,upon request of the ,governor of a ,state1 the ,secretary shall provide information and technical assistance in the development1 implementation1 or revision of a ,state energy transportation plan4 7f7 ,electric vehicle supply equipment defined ,for purposes of this section1 the term electric vehicle supply equipment means conductors1 including ungrounded1 grounded1 and equipment grounding conductors1 electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 4 #cccci4 ,transportation electrification ,section #aca of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa7 is amended-- 7#a7 in subsection 7a77#f7-- 7,a7 in subparagraph 7,a71 by inserting 1 including ground support equipment at ports before the semicolon2 7,b7 in subparagraph 7,e71 by inserting and vehicles before the semicolon2 7,c7 in subparagraph 7,h71 by striking and at the end2 7,d7 in subparagraph 7,i7-- 7i7 by striking battery chargers12 and 7ii7 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7,j7 installation of electric vehicle supply equipment for recharging plug-in electric drive vehicles1 including such equipment that is accessible in rural and urban areas and in underserved or disadvantaged communities2 and 7,k7 multi-use charging hubs used for multiple forms of transportation4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c77;,a7-- 7i7 in clause 7i71 by striking and at the end2 and 7ii7 in clause 7ii71 by inserting 1 components for such vehicles1 and charging equipment for such vehicles after vehicles2 and 7,b7 in paragraph 7#f71 by striking #ij1jjj1jjj for each of fiscal years #bjjh through #bjab and inserting #b1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe2 7#c7 in subsection 7c7-- 7,a7 in the header1 by striking ,near-,term and inserting ,large-,scale2 and 7,b7 in paragraph 7#d71 by striking #ie1jjj1jjj for each of fiscal years #bjjh through #bjac and inserting #b1ejj1jjj1jjj for each of fiscal years #bjba through #bjbe2 and 7#d7 by redesignating subsection 7d7 as subsection 7e7 and inserting after subsection 7c7 the following3 7d7 ,priority ,in providing grants under subsections 7b7 and 7c71 the ,secretary shall give priority consideration to applications that contain a written assurance that all laborers and mechanics employed by contractors or subcontractors during construction1 alteration1 or repair that is financed1 in whole or in part1 by a grant provided under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor in accordance with sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code 7and the ,secretary of ,labor shall1 with respect to the labor standards described in this clause1 have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code74 4 #cccdj4 ,federal fleets 7a7 ,minimum ,federal fleet requirement ,section #cjc of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbab7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,the ,secretary1 in consultation with the ,administrator of ,general ,services1 shall ensure that in acquiring medium- and heavy-duty vehicles for a ,federal fleet1 a ,federal entity shall acquire zero emission vehicles to the maximum extent feasible4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,percentage requirements 7#a7 ,in general 7,a7 ,light-duty vehicles ,beginning in fiscal year #bjbe1 #ajj percent of the total number of light-duty vehicles acquired by a ,federal entity for a ,federal fleet shall be alternative fueled vehicles1 of which-- 7i7 at least #ej percent shall be zero emission vehicles or plug-in hybrids in fiscal years #bjbe through #bjcd2 7ii7 at least #ge percent shall be zero emission vehicles or plug-in hybrids in fiscal years #bjce through #bjdi2 and 7iii7 #ajj percent shall be zero emission vehicles in fiscal year #bjej and thereafter4 7,b7 ,medium- and heavy-duty vehicles ,the following percentages of the total number of medium- and heavy-duty vehicles acquired by a ,federal entity for a ,federal fleet shall be alternative fueled vehicles3 7i7 ,at least #bj percent in fiscal years #bjbe through #bjbi4 7ii7 ,at least #cj percent in fiscal years #bjcj through #bjci4 7iii7 ,at least #dj percent in fiscal years #bjdj through #bjdi4 7iv7 ,at least #ej percent in fiscal year #bjej and thereafter4 7#b7 ,exception ,the ,secretary1 in consultation with the ,administrator of ,general ,services where appropriate1 may permit a ,federal entity to acquire for a ,federal fleet a smaller percentage than is required in paragraph 7#a7 for a fiscal year1 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 percentage4 7#c7 ,definitions ,in this subsection3 7,a7 ,federal fleet ,the term ,federal fleet means a fleet of vehicles that are centrally fueled or capable of being centrally fueled and are owned1 operated1 leased1 or otherwise controlled by or assigned to any ,federal executive department1 military department1 ,government corporation1 independent establishment1 or executive agency1 the ,united ,states ,postal ,service1 the ,congress1 the courts of the ,united ,states1 or the ,executive ,office of the ,president4 ,such term does not include-- 7i7 motor vehicles held for lease or rental to the general public2 7ii7 motor vehicles used for motor vehicle manufacturer product evaluations or tests2 7iii7 law enforcement vehicles2 7iv7 emergency vehicles2 or 7v7 motor vehicles acquired and used for military purposes that the ,secretary of ,defense has certified to the ,secretary must be exempt for national security reasons4 7,b7 ,fleet ,the term fleet means-- 7i7 #bj or more light-duty vehicles1 located in a metropolitan statistical area or consolidated metropolitan statistical area1 as established by the ,bureau of the ,census1 with a #aihj population of more than #bej1jjj2 or 7ii7 #aj or more medium- or heavy-duty vehicles1 located at a ,federal facility or located in a metropolitan statistical area or consolidated metropolitan statistical area1 as established by the ,bureau of the ,census1 with a #aihj population of more than #bej1jjj4 2 and 7#c7 in subsection 7f77#b77;,b7-- 7,a7 by striking 1 either2 and 7,b7 in clause 7i71 by striking or and inserting and4 7b7 ,federal fleet conservation requirements ,section #djj;,,ff7a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcgd;e7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #ah months after the date of enactment of this section and inserting #ab months after the date of enactment of the ,moving ,forward ,act2 7,b7 by striking #bjaj and inserting #bjbb2 and 7,c7 by striking and increase alternative fuel consumption and inserting 1 increase alternative fuel consumption1 and reduce vehicle greenhouse gas emissions2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,goals ,the goals of the requirements under paragraph 7#a7 are that each ,federal agency shall-- 7,a7 reduce fleet-wide per-mile greenhouse gas emissions from agency fleet vehicles1 relative to a baseline of emissions in #bjae1 by-- 7i7 not less than #cj percent by the end of fiscal year #bjbe2 7ii7 not less than #ej percent by the end of fiscal year #bjcj2 and 7iii7 #ajj percent by the end of fiscal year #bjej2 and 7,b7 increase the annual percentage of alternative fuel consumption by agency fleet vehicles as a proportion of total annual fuel consumption by ,federal fleet vehicles1 to achieve-- 7i7 #be percent of total annual fuel consumption that is alternative fuel by the end of fiscal year #bjbe2 7ii7 #ej percent of total annual fuel consumption that is alternative fuel by the end of fiscal year #bjce2 and 7iii7 at least #he percent of total annual fuel consumption that is alternative fuel by the end of fiscal year #bjej4 4 #cccda4 ,domestic ,manufacturing ,conversion ,grant ,program 7a7 ,hybrid vehicles1 advanced vehicles1 and fuel cell buses ,subtitle ,b of title ,,vii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfa et seq47 is amended-- 7#a7 in the subtitle header1 by inserting ,plug-,in ,electric ,vehicles1 before ,hybrid ,vehicles2 and 7#b7 in part #a1 in the part header1 by striking ,hybrid and inserting ,plug-,in ,electric4 7b7 ,plug-,in electric vehicles ,section #gaa of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfa7 is amended to read as follows3 #gaa4 ,plug-in electric vehicles ,the ,secretary shall accelerate efforts1 related to domestic manufacturing1 that are directed toward the improvement of batteries1 power electronics1 and other technologies for use in plug-in electric vehicles4 4 7c7 ,efficient hybrid and advanced diesel vehicles ,section #gab of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjfb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 plug-in electric1 after efficient hybrid2 and 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,priority ,priority shall be given to-- 7,a7 the refurbishment or retooling of manufacturing facilities that have recently ceased operation or would otherwise cease operation in the near future2 and 7,b7 applications containing a written assurance that-- 7i7 all laborers and mechanics employed by contractors or subcontractors during construction1 alteration1 retooling1 or repair that is financed1 in whole or in part1 by a grant under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor in accordance with sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code2 7ii7 all laborers and mechanics employed by the owner or operator of a manufacturing facility that is financed1 in whole or in part1 by a grant under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor in accordance with sections #cada through #cadd1 #cadf1 and #cadg of title #dj1 ,united ,states ,code2 and 7iii7 the ,secretary of ,labor shall1 with respect to the labor standards described in this paragraph1 have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,cost share and guarantee of operation 7#a7 ,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 #aj years after the completion of construction4 7#b7 ,cost share ,section #ihh7;c7 shall apply to a grant made under this subsection4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #b4e billion for each of fiscal years #bjba through #bjbe4 7e7 ,period of availability ,an award made under this section after the date of enactment of this subsection shall only be available with respect to facilities and equipment placed in service before ,december #cj1 #bjce4 4 #cccdb4 ,advanced technology vehicles manufacturing incentive program ,section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting appropriately2 7ii7 by striking 7#a7 ,advanced technology vehicle4-- and all that follows through meets-- and inserting the following3 7#a7 ,advanced technology vehicle ,the term advanced technology vehicle means-- 7,a7 an ultra efficient vehicle2 7,b7 a light duty vehicle or medium duty passenger vehicle that meets-- 2 7iii7 by amending subparagraph 7,b77iii7 7as so redesignated7 to read as follows3 7iii7 7,i7 for vehicles produced in model years #bjba through #bjbe1 the applicable regulatory standards for emissions of greenhouse gases for model year #bjba through #bjbe vehicles promulgated by the ,administrator of the ,environmental ,protection ,agency on ,october #ae1 #bjab 7#gg ,fed4 ,reg4 #fbfbd72 or 7,,ii7 emits zero emissions of greenhouse gases2 or 2 and 7iv7 by adding at the end the following3 7,c7 a heavy-duty vehicle 7excluding a medium-duty passenger vehicle71 as defined in section #hf4ahjc-ja of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 that-- 7i7 complies early with and demonstrates achievement below the applicable regulatory standards for emissions of greenhouse gases for model year #bjbg vehicles promulgated by the ,administrator on ,october #be1 #bjaf 7#ha ,fed4 ,reg4 #gcdgh72 or 7ii7 emits zero emissions of greenhouse gases4 2 7,b7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#b7 through 7#d71 respectively2 7,c7 by amending paragraph 7#c7 7as so redesignated7 to read as follows3 7#d7 ,qualifying components ,the term qualifying components means materials1 technology1 components1 systems1 or groups of subsystems in an advanced technology vehicle1 including ultra efficient components1 which include-- 7,a7 ,,ev battery cells1 fuel cells1 batteries1 battery technologies1 and thermal control systems2 7,b7 automotive semiconductors and computers2 7,c7 electric motors1 axles1 and components2 and 7,d7 advanced lightweight1 high strength1 and high performance materials4 2 and 7,d7 in paragraph 7#d7 7as so redesignated7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7,d7 at least #ge miles per gallon equivalent while operating as a hydrogen fuel cell electric vehicle4 2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,advanced vehicles manufacturing facility 7#a7 ,in general ,the ,secretary shall provide facility funding awards under this section to advanced technology vehicle manufacturers and component suppliers to pay not more than #ej percent of the cost of-- 7,a7 reequipping1 expanding1 or establishing a manufacturing facility in the ,united ,states to produce-- 7i7 advanced technology vehicles2 or 7ii7 qualifying components2 and 7,b7 engineering integration performed in the ,united ,states of advanced technology vehicles and qualifying components4 7#b7 ,ultra efficient components cost share ,the facility funding awards authorized in paragraph 7#a7 may pay not more than #hj percent of the cost if the proposed project is to reequip1 expand1 or establish a manufacturing facility in the ,united ,states to produce ultra efficient components4 2 7#c7 in subsection 7c71 by striking #bjbj and inserting #bjcj each place it appears2 7#d7 in subsection 7d7-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,application ,an applicant for a loan under this subsection shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 a written assurance that-- 7i7 all laborers and mechanics employed by contractors or subcontractors during construction1 alteration1 or repair1 or at any manufacturing operation1 that is financed1 in whole or in part1 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 locality1 as determined by the ,secretary of ,labor in accordance with sections #cada-cadd1 #cadf1 and #cadg of title #dj2 7ii7 the ,secretary of ,labor shall1 with respect to the labor standards described in this paragraph1 have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#e ,u4,s4,c4 ,app47 and section #cade of title #dj2 and 7iii7 the applicant will remain neutral in any union organizing effort2 7,b7 a disclosure of whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the applicant in the preceding #c years for violations of applicable labor1 employment1 civil rights1 or health and safety laws2 and 7,c7 specific information regarding the actions the applicant will take to demonstrate compliance with1 and where possible exceedance of1 requirements under applicable labor1 employment1 civil rights1 and health and safety laws1 and actions the applicant will take to ensure that its direct suppliers demonstrate compliance with applicable labor1 employment1 civil rights1 and health and safety laws4 2 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,selection of eligible projects ,the ,secretary shall select eligible projects to receive loans under this subsection in cases in which the ,secretary determines-- 7,a7 the award recipient-- 7i7 has a reasonable prospect of repaying the principal and interest on the loan2 7ii7 will provide sufficient information to the ,secretary for the ,secretary to ensure that the qualified investment is expended efficiently and effectively2 and 7iii7 has met such other criteria as may be established and published by the ,secretary2 and 7,b7 the amount of the loan 7when combined with amounts available to the borrower from other sources7 will be sufficient to carry out the project4 2 and 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,b77i71 by striking 2 and and inserting 2 or2 7ii7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7iii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,e7 shall be subject to the condition that the loan is not subordinate to other financing4 2 7#e7 in subsection 7f7-- 7,a7 by striking point and inserting points2 and 7,b7 by inserting and may not be collected prior to financial closing after loan2 7#f7 by amending subsection 7g7 to read as follows3 7g7 ,priority ,the ,secretary shall1 in making awards or loans to those manufacturers that have existing facilities1 give priority to those facilities1 which can currently be sitting idle1 that are or would be-- 7#a7 oldest or have been in existence for at least #bj years2 7#b7 utilized primarily for the manufacture of ultra efficient vehicles2 7#c7 utilized primarily for the manufacture of medium-duty passenger vehicles or heavy-duty vehicles that emit zero greenhouse gas emissions2 or 7#d7 utilized primarily for the manufacture of ultra efficient components4 2 7#g7 in subsection 7h7-- 7,a7 in the header1 by striking automobile and inserting advanced technology vehicle2 and 7,b7 in paragraph 7#a77;,b71 by striking automobiles1 or components of automobiles and inserting advanced technology vehicles1 or components of advanced technology vehicles2 and 7#h7 in subsection 7i71 by striking #bjjh through #bjab and inserting #bjba through #bjbe4 ,d ,buy ,american and ,wage ,rate ,requirements #ccdja4 ,use of ,american iron1 steel1 and manufactured goods 7a7 ,none of the funds made available pursuant to this title1 or provisions of law added or amended by this title1 may be used for a project for the construction1 alteration1 maintenance1 or repair of a public building or public work unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7b7 ,subsection 7a7 shall not apply in any case or category of cases in which the head of the ,federal department or agency involved finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 iron1 steel1 and the relevant manufactured goods are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 inclusion of iron1 steel1 and manufactured goods produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7c7 ,if the head of a ,federal department or agency determines that it is necessary to waive the application of subsection 7a7 based on a finding under subsection 7b71 the head of the department or agency shall publish in the ,federal ,register a detailed written justification as to why the provision is being waived4 7d7 ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #ccdjb4 ,wage rate requirements ,notwithstanding any other provision of law and in a manner consistent with other provisions in this title1 all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the ,federal ,government pursuant to this title1 or provisions of law added or amended by this title1 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 accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards specified in this section1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 ,e ,ohio ,river ,basin #cceja4 ,interagency plan 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,army1 acting through the ,chief of ,engineers1 in coordination with the head of each agency described in subsection 7d71 shall develop and issue an interagency plan for the agencies described in subsection 7d7 to assist ,states1 ,indian tribes1 and communities in the ,ohio ,river ,basin in preparing for1 and responding to1 the effects of climate change1 including by-- 7#a7 informing such ,states1 ,indian tribes1 and communities of existing ,federal resources available to such ,states1 ,indian tribes1 and communities1 based on the analysis described in subsection 7b77#b72 and 7#b7 providing assistance through the ,environmental ,protection ,agency's ,smart ,growth ,program1 the ,federal ,emergency ,management ,agency's ,pre-,disaster ,mitigation ,grant ,program1 the ,department of ,housing and ,urban ,development's ,community ,development ,block ,grant program1 the ,economic ,development ,administration of the ,department of ,commerce1 and the ,department of ,agriculture1 to such ,states1 ,indian tribes1 and communities to help them prepare for extreme weather1 major floods1 rising temperatures1 and potential economic losses from such threats4 7b7 ,development ,in developing the interagency plan under subsection 7a71 ,secretary of the ,army1 acting through the ,chief of ,engineers1 in coordination with the head of each agency described in subsection 7d71 shall-- 7#a7 consult with ,states1 ,indian tribes1 and communities in the ,ohio ,river ,basin that may be affected by climate change2 and 7#b7 include in such interagency plan-- 7,a7 identification of the particular needs of such ,states1 ,indian tribes1 and communities in order for such ,states1 ,indian tribes1 and communities to adequately prepare for1 and respond to1 the effects of climate change2 and 7,b7 an analysis of-- 7i7 the availability of existing and potential ,federal resources1 including programs1 grants1 loans1 and other assistance1 that the agencies described in subsection 7d7 may provide to assist ,states1 ,indian tribes1 and communities in the ,ohio ,river ,basin in preparing for1 and responding to1 the effects of climate change 7including assistance in building or modernizing infrastructure71 including-- 7,i7 ,corps of ,engineers resources related to-- 7aa7 modernizing and hardening levees1 floodwalls1 and flood control projects for more extreme weather flooding events2 7bb7 restoring wetlands so that such wetlands may absorb rain2 7cc7 reconnecting floodplains to rivers in order to allow for natural flood storage2 7dd7 developing a basin-wide water management plan1 in collaboration with the ,department of ,agriculture1 ,tennessee ,valley ,authority1 and water management agencies of the ,states in the ,ohio ,river ,basin2 and 7ee7 updating and modernizing operations manuals for dams and reservoirs operated by the ,corps of ,engineers to account for future water risks1 precipitation1 flow patterns1 and usage2 7,,ii7 ,environmental ,protection ,agency resources and ,department of ,agriculture resources related to modernizing drinking water and wastewater treatment and stormwater management2 7,,iii7 ,department of ,transportation resources related to raising or hardening critical transportation infrastructure that may be vulnerable to flooding2 7,,iv7 ,united ,states ,geological ,survey resources and ,environmental ,protection ,agency resources related to water quality and flow discharge monitoring and modeling2 and 7,v7 ,federal ,emergency ,management ,agency resources related to updating and modernizing flood hazard maps to incorporate the latest science and future risk projections2 and 7ii7 the limitations of existing ,federal resources that the agencies described in subsection 7d7 may so provide1 including-- 7,i7 the limitations of such resources in meeting the particular needs of such ,states1 ,indian tribes1 and communities identified under subparagraph 7,a72 and 7,,ii7 recommendations-- 7aa7 for ,congress regarding any statutory changes regarding existing ,federal programs1 or additional ,federal funding1 that the agencies determine are necessary to assist such ,states1 ,indian tribes1 and communities in preparing for1 and responding to1 the effects of climate change2 and 7bb7 for additional ,federal1 ,state1 and local resources that the agencies determine are necessary to so assist such ,states1 ,indian tribes1 and communities4 7c7 ,publication and implementation 7#a7 ,publication ,upon issuance of the interagency plan developed under subsection 7a71 the plan shall be published on the public internet website of-- 7,a7 the ,environmental ,protection ,agency2 7,b7 the ,assistant ,secretary of the ,army for ,civil ,works2 and 7,c7 the ,great ,lakes and ,ohio ,river ,division of the ,corps of ,engineers4 7#b7 ,deadline ,not later than #cj days after the interagency plan developed under subsection 7a7 is issued1 each head of an agency described in subsection 7d7 shall implement such interagency plan4 7#c7 ,technical assistance ,in implementing the interagency plan developed under subsection 7a71 the heads of the agencies described in subsection 7d7 shall provide technical assistance and expertise to ,states1 ,indian tribes1 and communities in the ,ohio ,river ,basin4 7d7 ,agencies described ,the agencies described in this subsection are as follows3 7#a7 ,the ,corps of ,engineers4 7#b7 ,the ,environmental ,protection ,agency4 7#c7 ,the ,national ,oceanic and ,atmospheric ,administration4 7#d7 ,the ,department of the ,interior4 7#e7 ,the ,department of ,agriculture4 7#f7 ,the ,department of ,transportation4 7#g7 ,the ,federal ,emergency ,management ,agency4 7#h7 ,the ,united ,states ,geological ,survey4 7#i7 ,the ,department of ,housing and ,urban ,development4 7#aj7 ,the ,department of ,commerce4 #ccejb4 ,report on impacts of climate change on electric utilities ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy shall publish1 on the public internet website of the ,department of ,energy1 a report that includes-- 7#a7 an analysis of-- 7,a7 the potential vulnerabilities of electric utilities that are located in1 or serve electric consumers in1 the ,ohio ,river ,basin1 to climate change and extreme weather2 and 7,b7 the impacts of climate change and extreme weather on such electric utilities2 and 7#b7 recommendations and technical assistance1 as appropriate1 to assist such electric utilities in preparing for climate change and extreme weather4 #ccejc4 ,definition ,in this subtitle1 the term ,ohio ,river ,basin means the ,ohio ,river ,basin as identified in the ,corps of ,engineers' study titled ,ohio ,river ,basin-,formulating ,climate ,change ,mitigation_/,adaptation ,strategies through ,regional ,collaboration with the ,,orb ,alliance 7,may #bjag74 ,f ,open ,back ,better #ccfja4 ,short title ,this subtitle may be cited as the ,open ,back ,better ,act of #bjbj4 #ccfjb4 ,facilities energy resiliency 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a building project at an eligible facility that-- 7,a7 increases-- 7i7 resiliency1 including-- 7,i7 public health and safety2 7,,ii7 power outages2 7,,iii7 natural disasters2 7,,iv7 indoor air quality2 and 7,v7 any modifications necessitated by the ,,covid-#ai pandemic2 7ii7 energy efficiency2 7iii7 renewable energy2 and 7iv7 grid integration2 and 7,b7 may have combined heat and power and energy storage as project components4 7#b7 ,early childhood education program ,the term early childhood education program has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#c7 ,elementary school ,the term elementary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,eligible facility ,the term eligible facility means a public facility1 as determined by the ,secretary1 including-- 7,a7 a public school1 including an elementary school and a secondary school2 7,b7 a facility used to operate an early childhood education program2 7,c7 a local educational agency2 7,d7 a medical facility2 7,e7 a local or ,state government building2 7,f7 a community facility2 7,g7 a public safety facility2 7,h7 a day care center2 7,i7 an institution of higher education2 7,j7 a public library2 and 7,k7 a wastewater treatment facility4 7#e7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#g7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,low income ,the term low income1 with respect to a household1 means an annual household income equal to1 or less than1 the greater of-- 7,a7 #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#i7 ,low income community ,the term low income community means a census block group in which not less than #cj percent of households are low income4 7#aj7 ,secondary school ,the term secondary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ab7 ,state ,the term ,state has the meaning given the term in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb74 7#ac7 ,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 7#db ,u4,s4,c4 #fcba et seq474 7#ad7 ,tribal organization 7,a7 ,in general ,the term tribal organization has the meaning given the term in section #cgfe of title #ch1 ,united ,states ,code4 7,b7 ,technical amendment ,section #cgfe7d7 of title #ch1 ,united ,states ,code1 is amended by striking section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l77 and inserting section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,state programs 7#a7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall distribute grants to ,states under the ,state ,energy ,program1 in accordance with the allocation formula established under that ,program1 to implement covered projects4 7#b7 ,use of funds 7,a7 ,in general ,subject to subparagraph 7,b71 grant funds under paragraph 7#a7 may be used for technical assistance1 project facilitation1 and administration4 7,b7 ,technical assistance ,a ,state may use not more than #aj percent of grant funds received under paragraph 7#a7 to provide technical assistance for the development1 facilitation1 management1 oversight1 and measurement of results of covered projects implemented using those funds4 7,c7 ,environmental justice and other communities ,to support communities adversely impacted by the ,,covid-#ai pandemic1 a ,state shall use not less than #dj percent of grant funds received under paragraph 7#a7 to implement covered projects in environmental justice communities or low income communities4 7,d7 ,private financing ,a ,state receiving a grant under paragraph 7#a7 shall-- 7i7 to the extent practicable1 leverage private financing for cost-effective energy efficiency1 renewable energy1 resiliency1 and other smart-building improvements1 such as by entering into an energy service performance contract2 but 7ii7 maintain the use of grant funds to carry out covered projects with more project resiliency1 public health1 and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts4 7,e7 ,guidance ,in carrying out a covered project using grant funds received under paragraph 7#a71 a ,state shall1 to the extent practicable1 adhere to guidance developed by the ,secretary pursuant to the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e2 #abc ,stat4 #aae7 relating to distribution of funds1 if that guidance will speed the distribution of funds under this subsection4 7#c7 ,no matching requirement ,notwithstanding any other provision of law1 a ,state receiving a grant under paragraph 7#a7 shall not be required to provide any amount of matching funding4 7#d7 ,report ,not later than #a year after the date on which grants are distributed under paragraph 7#a71 and each year thereafter until the funds appropriated pursuant to paragraph 7#e7 are no longer available1 the ,secretary shall submit a report on the use of those funds 7including in the communities described in paragraph 7#b77;,c77 to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#e7 ,funding ,in addition to any amounts made available to the ,secretary to carry out the ,state ,energy ,program1 there is authorized to be appropriated to the ,secretary #ah1jjj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7#f7 ,supplement1 not supplant ,funds made available under paragraph 7#e7 shall supplement1 not supplant1 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 7#db ,u4,s4,c4 #fhfa et seq474 7c7 ,federal ,energy ,management ,program 7#a7 ,in general ,beginning #fj days after the date of enactment of this ,act1 the ,secretary shall use funds appropriated pursuant to paragraph 7#d7 to provide grants under the ,,affect program under the ,federal ,energy ,management ,program of the ,department of ,energy to implement covered projects4 7#b7 ,private financing ,a recipient of a grant under paragraph 7#a7 shall-- 7,a7 to the extent practicable1 leverage private financing for cost-effective energy efficiency1 renewable energy1 resiliency1 and other smart-building improvements1 such as by entering into an energy service performance contract2 but 7,b7 maintain the use of grant funds to carry out covered projects with more project resiliency1 public health1 and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts4 7#c7 ,report ,not later than #a year after the date on which grants are distributed under paragraph 7#a71 and each year thereafter until funds appropriated pursuant to paragraph 7#d7 are no longer available1 the ,secretary shall submit a report on the use of those funds to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#d7 ,funding ,in addition to any amounts made available to the ,secretary to carry out the ,,affect program described in paragraph 7#a71 there is authorized to be appropriated to the ,secretary #ejj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7d7 ,tribal organizations 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary1 acting through the head of the ,office of ,indian ,energy1 shall distribute funds made available under paragraph 7#c7 to tribal organizations to implement covered projects4 7#b7 ,report ,not later than #a year after the date on which funds are distributed under paragraph 7#a71 and each year thereafter until the funds made available under paragraph 7#c7 are no longer available1 the ,secretary shall submit a report on the use of those funds to-- 7,a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7,b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#c7 ,funding ,there is authorized to be appropriated to the ,secretary #a1ejj1jjj1jjj to carry out this subsection1 to remain available until ,september #cj1 #bjbe4 7e7 ,use of ,american iron1 steel1 and manufactured goods 7#a7 ,in general ,except as provided in paragraph 7#b71 none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7#b7 ,exceptions ,the requirement under paragraph 7#a7 shall be waived by the head of the relevant ,federal department or agency in any case or category of cases in which the head of the relevant ,federal department or agency determines that-- 7,a7 adhering to that requirement would be inconsistent with the public interest2 7,b7 the iron1 steel1 and manufactured goods needed for the project are not produced in the ,united ,states-- 7i7 in sufficient and reasonably available quantities2 and 7ii7 in a satisfactory quality2 or 7,c7 the inclusion of iron1 steel1 and relevant manufactured goods produced in the ,united ,states would increase the overall cost of the project by more than #be percent4 7#c7 ,waiver publication ,if the head of a ,federal department or agency makes a determination under paragraph 7#b7 to waive the requirement under paragraph 7#a71 the head of the ,federal department or agency shall publish in the ,federal ,register a detailed justification for the waiver4 7#d7 ,international agreements ,this subsection shall be applied in a manner consistent with the obligations of the ,united ,states under all applicable international agreements4 7f7 ,wage rate requirements 7#a7 ,in general ,notwithstanding any other provision of law1 all laborers and mechanics employed 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 locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #ccfjc4 ,personnel 7a7 ,in general ,to carry out section #ccfjb1 the ,secretary shall hire within the ,department of ,energy-- 7#a7 not less than #cjj full-time employees in the ,office of ,energy ,efficiency and ,renewable ,energy2 7#b7 not less than #ajj full-time employees1 to be distributed among-- 7,a7 the ,office of ,general ,counsel2 7,b7 the ,office of ,procurement ,policy2 7,c7 the ,golden ,field ,office2 7,d7 the ,national ,energy ,technology ,laboratory2 and 7,e7 the ,office of the ,inspector ,general2 and 7#c7 not less than #bj full-time employees in the ,office of ,indian ,energy4 7b7 ,timeline ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 hire all personnel under subsection 7a72 or 7#b7 certify that the ,secretary is unable to hire all personnel by the date required under this subsection4 7c7 ,contract hires 7#a7 ,in general ,if the ,secretary makes a certification under subsection 7b77#b71 the ,secretary may hire on a contract basis not more than #ej percent of the personnel required to be hired under subsection 7a74 7#b7 ,duration ,an individual hired on a contract basis under paragraph 7#a7 shall have an employment term of not more than #a year4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #hd1jjj1jjj for each of fiscal years #bjba through #bjca4 7e7 ,report ,not later than #fj days after the date of enactment of this ,act1 and annually thereafter for #b years1 the ,secretary shall submit a report on progress made in carrying out subsection 7a7 to-- 7#a7 the ,subcommittee on ,energy and ,water ,development of the ,committee on ,appropriations of the ,senate2 7#b7 the ,subcommittee on ,energy and ,water ,development and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 ,g ,other ,matters #ccgja4 ,water reuse interagency working group 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator71 shall establish a ,water ,reuse ,interagency ,working ,group 7referred to in this section as the ,working ,group74 7b7 ,purpose ,the purpose of the ,working ,group is to develop and coordinate actions1 tools1 and resources to advance water reuse across the ,united ,states1 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 7c7 7referred to in this section as the ,action ,plan74 7c7 ,chairperson2 membership ,the ,working ,group shall be-- 7#a7 chaired by the ,administrator2 and 7#b7 comprised of senior representatives from such ,federal agencies as the ,administrator determines to be appropriate4 7d7 ,duties of the working group ,in carrying out this section1 the ,working ,group shall-- 7#a7 with respect to water reuse1 leverage the expertise of industry1 the research community1 nongovernmental organizations1 and government2 7#b7 seek to foster water reuse as an important component of integrated water resources management2 7#c7 conduct an assessment of new opportunities to advance water reuse and annually update the ,action ,plan with new actions1 as necessary1 to pursue those opportunities2 7#d7 seek to coordinate ,federal programs and policies to support the adoption of water reuse2 7#e7 consider how each ,federal agency can explore and identify opportunities to support water reuse through the programs and activities of that ,federal agency2 and 7#f7 consult1 on a regular basis1 with representatives of relevant industries1 the research community1 and nongovernmental organizations4 7e7 ,report ,not less frequently than once every #b years1 the ,administrator shall submit to ,congress a report on the activities and findings of the ,working ,group4 7f7 ,sunset 7#a7 ,in general ,subject to paragraph 7#b71 the ,working ,group shall terminate on the date that is #f years after the date of enactment of this ,act4 7#b7 ,extension ,the ,administrator may extend the date of termination of the ,working ,group under paragraph 7#a74 ,h ,energy workforce development #a ,office of ,economic ,impact1 ,diversity1 and ,employment #cchja4 ,name of office 7a7 ,in general ,section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada7 is amended-- 7#a7 in the section heading1 by striking ,minority ,economic ,impact and inserting ,economic ,impact1 ,diversity1 and ,employment2 and 7#b7 in subsection 7a71 by striking ,office of ,minority ,economic ,impact and inserting ,office of ,economic ,impact1 ,diversity1 and ,employment4 7b7 ,conforming amendment ,the table of contents for the ,department of ,energy ,organization ,act is amended by amending the item relating to section #baa to read as follows3 ,sec4 #baa4 ,office of ,economic ,impact1 ,diversity1 and ,employment4 4 #cchjb4 ,energy workforce development programs ,section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada7 is amended-- 7#a7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,the ,secretary1 acting through the ,director1 shall establish and carry out the programs described in sections #cchaa and #cchab of the ,moving ,forward ,act4 4 #cchjc4 ,authorization ,subsection 7h7 of section #baa of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada71 as redesignated by section #cchjb of this ,act1 is amended by striking not to exceed #c1jjj1jjj for fiscal year #aigi1 not to exceed #e1jjj1jjj for fiscal year #aihj1 and not to exceed #f1jjj1jjj for fiscal year #aiha4 ,of the amounts so appropriated each fiscal year1 not less than #ej percent shall be available for purposes of financial assistance under subsection 7e74 and inserting #ajj1jjj1jjj for each of fiscal years #bjbj through #bjbd44 #b ,energy workforce development #cchaa4 ,energy workforce development 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,director of the ,office of ,economic ,impact1 ,diversity1 and ,employment1 shall establish and carry out a comprehensive1 nationwide program to improve education and training for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries1 in order to increase the number of skilled workers trained to work in such energy-related industries1 including by-- 7#a7 encouraging underrepresented groups1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 unemployed energy workers1 and socioeconomically disadvantaged individuals to enter into the science1 technology1 engineering1 and mathematics 7in this section referred to as ,,stem7 fields2 7#b7 encouraging the ,nation's educational institutions to equip students with the skills1 mentorships1 training1 and technical expertise necessary to fill the employment opportunities vital to managing and operating the ,nation's energy-related industries2 7#c7 providing students and other candidates for employment with the necessary skills and certifications for skilled1 semiskilled1 and highly skilled jobs in such energy-related industries2 7#d7 strengthening and more fully engaging ,department of ,energy programs and laboratories in carrying out the ,department's ,minorities in ,energy ,initiative2 and 7#e7 to the greatest extent possible1 collaborating with and supporting existing ,state workforce development programs to maximize program efficiency4 7b7 ,priority ,in carrying out the program established under subsection 7a71 the ,secretary shall prioritize the education and training of underrepresented groups for jobs in energy-related industries4 7c7 ,direct assistance ,in carrying out the program established under subsection 7a71 the ,secretary shall provide direct assistance 7including financial assistance awards1 technical expertise1 and internships7 to educational institutions1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 and apprenticeship programs4 ,the ,secretary shall distribute such direct assistance in a manner proportional to the needs of1 and demand for jobs in1 energy-related industries1 consistent with information obtained under subsections 7e77#c7 and 7i74 7d7 ,clearinghouse ,in carrying out the program established under subsection 7a71 the ,secretary shall establish a clearinghouse to-- 7#a7 maintain and update information and resources on training programs for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 and 7#b7 act as a resource for educational institutions1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 and apprenticeship programs that would like to develop and implement training programs for such jobs4 7e7 ,collaboration and report ,in carrying out the program established under subsection 7a71 the ,secretary-- 7#a7 shall collaborate with educational institutions1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 apprenticeship programs1 and energy-related industries2 7#b7 shall encourage and foster collaboration1 mentorships1 and partnerships among industry1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 and apprenticeship programs that currently 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 local1 ,state1 and national needs2 and 7#c7 shall collaborate with the ,bureau of ,labor ,statistics1 the ,department of ,commerce1 the ,bureau of the ,census1 and energy-related industries to-- 7,a7 develop a comprehensive and detailed understanding of the workforce needs of such energy-related industries1 and job opportunities in such energy-related industries1 by ,state and by region2 and 7,b7 publish an annual report on job creation in the energy-related industries described in subsection 7i77#b74 7f7 ,guidelines for educational institutions 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretary1 in collaboration with the ,secretary of ,education1 the ,secretary of ,commerce1 the ,secretary of ,labor1 and the ,national ,science ,foundation1 shall develop voluntary guidelines or best practices for educational institutions to help provide graduates with the skills necessary for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries4 7#b7 ,input ,the ,secretary shall solicit input from energy-related industries in developing guidelines or best practices under paragraph 7#a74 7#c7 ,energy efficiency and conservation initiatives ,the guidelines or best practices developed under paragraph 7#a7 shall include grade-specific guidelines for teaching energy efficiency technology1 manufacturing efficiency technology1 community energy resiliency1 and conservation initiatives to educate students and families4 7#d7 ,,stem education ,the guidelines or best practices developed under paragraph 7#a7 shall promote ,,stem education in educational institutions as it relates to job opportunities in energy-related industries4 7g7 ,outreach to minority-,serving institutions ,in carrying out the program established under subsection 7a71 the ,secretary shall-- 7#a7 give special consideration to increasing outreach to minority-serving institutions2 7#b7 make resources available to minority-serving institutions with the objective of increasing the number of skilled minorities and women trained for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 7#c7 encourage energy-related industries to improve the opportunities for students of minority-serving institutions to participate in industry internships and cooperative work-study programs2 and 7#d7 partner with the ,department of ,energy laboratories to increase underrepresented groups' participation in internships1 fellowships1 traineeships1 and employment at all ,department of ,energy laboratories4 7h7 ,outreach to displaced and unemployed energy workers ,in carrying out the program established under subsection 7a71 the ,secretary shall-- 7#a7 give special consideration to increasing outreach to employers and job trainers preparing displaced and unemployed energy workers for emerging jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 7#b7 make resources available to institutions serving displaced and unemployed energy workers with the objective of increasing the number of individuals trained for jobs in energy-related industries1 including manufacturing1 engineering1 construction1 and retrofitting jobs in such energy-related industries2 and 7#c7 encourage energy-related industries to improve opportunities for displaced and unemployed energy workers to participate in industry internships and cooperative work-study programs4 7i7 ,guidelines ,to develop skills for an energy industry workforce ,in carrying out the program established under subsection 7a71 the ,secretary shall1 in collaboration with energy-related industries-- 7#a7 identify the areas with the greatest demand for workers in each such industry2 and 7#b7 develop guidelines for the skills necessary for work in the following energy-related industries3 7,a7 ,energy efficiency industry1 including work in energy efficiency1 conservation1 weatherization1 retrofitting1 or as inspectors or auditors4 7,b7 ,renewable energy industry1 including work in the development1 engineering1 manufacturing1 and production of renewable energy from renewable energy sources 7such as solar1 hydropower1 wind1 or geothermal energy74 7,c7 ,community energy resiliency industry1 including work in the installation of rooftop solar1 in battery storage1 and in microgrid technologies4 7,d7 ,fuel cell and hydrogen energy industry4 7,e7 ,manufacturing industry1 including work as operations technicians1 in operations and design in additive manufacturing1 #c-;,d printing1 and advanced composites and advanced aluminum and other metal alloys1 industrial energy efficiency management systems1 including power electronics1 and other innovative technologies4 7,f7 ,chemical manufacturing industry1 including work in construction 7such as welders1 pipefitters1 and tool and die makers7 or as instrument and electrical technicians1 machinists1 chemical process operators1 engineers1 quality and safety professionals1 and reliability engineers4 7,g7 ,utility industry1 including work in the generation1 transmission1 and distribution of electricity and natural gas1 such as utility technicians1 operators1 lineworkers1 engineers1 scientists1 and information technology specialists4 7,h7 ,alternative fuels industry1 including work in biofuel development and production4 7,i7 ,pipeline industry1 including work in pipeline construction and maintenance or work as engineers or technical advisors4 7,j7 ,nuclear industry1 including work as scientists1 engineers1 technicians1 mathematicians1 or security personnel4 7,k7 ,oil and gas industry1 including work as scientists1 engineers1 technicians1 mathematicians1 petrochemical engineers1 or geologists4 7,l7 ,coal industry1 including work as coal miners1 engineers1 developers and manufacturers of state-of-the-art coal facilities1 technology vendors1 coal transportation workers and operators1 or mining equipment vendors4 7j7 ,enrollment in training and apprenticeship programs ,in carrying out the program established under subsection 7a71 the ,secretary shall work with industry1 local workforce development boards1 ,state workforce development boards1 nonprofit organizations1 labor organizations1 and apprenticeship programs to help identify students and other candidates1 including from underrepresented communities such as minorities1 women1 and veterans1 to enroll into training and apprenticeship programs for jobs in energy-related industries4 7k7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 #cchab4 ,energy workforce grant program 7a7 ,program 7#a7 ,establishment ,subject to the availability of appropriations1 the ,secretary1 acting through the ,director of the ,office of ,economic ,impact1 ,diversity1 and ,employment1 shall establish and carry out a program to provide grants to eligible businesses to pay the wages of new and existing employees during the time period that such employees are receiving training to work in the renewable energy sector1 energy efficiency sector1 or grid modernization sector4 7#b7 ,guidelines ,not later than #fj days after the date of enactment of this ,act1 the ,secretary1 in consultation with stakeholders1 contractors1 and organizations that work to advance existing residential energy efficiency1 shall establish guidelines to identify training that is eligible for purposes of the program established pursuant to paragraph 7#a74 7b7 ,eligibility ,to be eligible to receive a grant under the program established under subsection 7a7 or a business or labor management organization that is directly involved with energy efficiency or renewable energy technology1 or working on behalf of any such business1 shall provide services related to-- 7#a7 renewable electric energy generation1 including solar1 wind1 geothermal1 hydropower1 and other renewable electric energy generation technologies2 7#b7 energy efficiency1 including energy-efficient lighting1 heating1 ventilation1 and air conditioning1 air source heat pumps1 advanced building materials1 insulation and air sealing1 and other high-efficiency products and services1 including auditing and inspection2 7#c7 grid modernization or energy storage1 including smart grid1 microgrid and other distributed energy solutions1 demand response management1 and home energy management technology2 or 7#d7 fuel cell and hybrid fuel cell generation4 7c7 ,use of grants ,an eligible business with-- 7#a7 #bj or fewer employees may use a grant provided under the program established under subsection 7a7 to pay up to-- 7,a7 #de percent of an employee's wages for the duration of the training1 if the training is provided by the eligible business2 and 7,b7 #ij percent of an employee's wages for the duration of the training1 if the training is provided by an entity other than the eligible business2 7#b7 #ba to #ii employees may use a grant provided under the program established under subsection 7a7 to pay up to-- 7,a7 #cg4e percent of an employee's wages for the duration of the training1 if the training is provided by the eligible business2 and 7,b7 #ge percent of an employee's wages for the duration of the training1 if the training is provided by an entity other than the eligible business2 and 7#c7 #ajj employees or more may use a grant provided under the program established under subsection 7a7 to pay up to-- 7,a7 #be percent of an employee's wages for the duration of the training1 if the training is provided by the eligible business2 and 7,b7 #ej percent of an employee's wages for the duration of the training1 if the training is provided by an entity other than the eligible business4 7d7 ,priority for targeted communities ,in providing grants under the program established under subsection 7a71 the ,secretary shall give priority to eligible businesses that-- 7#a7 recruit employees-- 7,a7 from the communities that the businesses serve2 and 7,b7 that are minorities1 women1 persons who are or were foster children1 persons who are transitioning from fossil energy sector jobs1 or veterans2 and 7#b7 provide trainees with the opportunity to obtain real-world experience4 7e7 ,limit ,an eligible business may not receive more than #ajj1jjj under the program established under subsection 7a7 per fiscal year4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #gj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 #cchac4 ,definitions ,in this subtitle3 7#a7 ,apprenticeship ,the term apprenticeship means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#b7 ,educational institution ,the term educational institution means an elementary school1 secondary school1 or institution of higher education4 7#c7 ,elementary school and secondary school ,the terms elementary school and secondary school have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,energy-related industry ,the term energy-related industry includes each of the energy efficiency1 renewable energy1 chemical manufacturing1 utility1 alternative fuels1 pipeline1 nuclear energy1 oil1 gas1 and coal industries4 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#f7 ,labor organization ,the term labor organization has the meaning given such term in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7#g7 ,local workforce development board ,the term local workforce development board means a local board1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#h7 ,minority-serving institution ,the term minority-serving institution means an institution of higher education that is of one of the following3 7,a7 ,hispanic-serving institution 7as defined in section #ejb7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a77#e7774 7,b7 ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7,c7 ,alaska ,native-serving institution 7as defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,d7 ,native ,hawaiian-serving institution 7as defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b7774 7,e7 ,predominantly ,black ,institution 7as defined in section #cah7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;e7b7774 7,f7 ,native ,american-serving nontribal institution 7as defined in section #cai7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;f7b7774 7,g7 ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as defined in section #cbj7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g7b7774 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aj7 ,state workforce development board ,the term ,state workforce development board means a ,state board1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 ,,iv ,health ,care ,infrastructure #cdaja4 ,hospital infrastructure 7a7 ,in general ,section #afaj7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjr7a77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in clause 7i71 by striking or at the end2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 increase capacity and update hospitals and other medical facilities in order to better serve communities in need4 2 and 7#b7 by striking paragraph 7#c7 and inserting the following paragraphs3 7#c7 ,priority ,in awarding grants under this subsection1 the ,secretary shall give priority to applicants whose projects will include1 by design1 public health emergency preparedness1 natural disaster emergency preparedness1 flood mitigation1 or cybersecurity against cyber threats4 7#d7 ,american iron and steel products 7,a7 ,in general ,as a condition on receipt of a grant under this subsection for a project1 an entity shall ensure that all of the iron and steel products used in the project are produced in the ,united ,states4 7,b7 ,application ,subparagraph 7,a7 shall be waived in any case or category of cases in which the ,secretary finds that-- 7i7 applying subparagraph 7,a7 would be inconsistent with the public interest2 7ii7 iron and steel products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7iii7 inclusion of iron and steel products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7,c7 ,waiver ,if the ,secretary receives a request for a waiver under this paragraph1 the ,secretary shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,secretary concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public internet site of the ,department of ,health and ,human ,services4 7,d7 ,international agreements ,this paragraph shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7,e7 ,management and oversight ,the ,secretary may retain up to #j4be percent of the funds appropriated for this subsection for management and oversight of the requirements of this paragraph4 7,f7 ,effective date ,this paragraph does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this paragraph4 7#e7 ,energy efficiency 7,a7 ,in general ,as a condition on receipt of a grant under this subsection for a project1 a grant recipient shall ensure that the project increases-- 7i7 energy efficiency2 7ii7 energy resilience2 or 7iii7 the use of renewable energy4 7,b7 ,application ,subparagraph 7,a7 shall be waived in any case or category of cases in which the ,secretary finds that applying subparagraph 7,a7-- 7i7 would be inconsistent with the public interest2 or 7ii7 will increase the cost of the overall project by more than #be percent4 7,c7 ,waiver ,if the ,secretary receives a request for a waiver under this paragraph1 the ,secretary shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,secretary concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public internet site of the ,department of ,health and ,human ,services4 7,d7 ,management and oversight ,the ,secretary may retain up to #j4be percent of the funds appropriated for this subsection for management and oversight of the requirements of this paragraph4 7,e7 ,effective date ,this paragraph does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this paragraph4 7#f7 ,authorization of appropriations ,to carry out this subsection1 there is authorized to be appropriated #b1jjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7b7 ,technical update ,section #afaj7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjr7b77 is amended by striking paragraph 7#c74 #cdajb4 ,community ,health ,center ,capital ,project ,funding ,section #ajejc of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #bed;b-#b7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,capital projects 7#a7 ,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 program under section #ccj of the ,public ,health ,service ,act1 #aj1jjj1jjj1jjj for the period of fiscal years #bjba through #bjbe4 7#b7 ,energy efficiency 7,a7 ,in general ,as a condition on receipt of a grant for a capital project pursuant to paragraph 7#a71 a grant recipient shall ensure that the capital project increases-- 7i7 energy efficiency2 7ii7 energy resilience2 or 7iii7 the use of renewable energy4 7,b7 ,application ,subparagraph 7,a7 shall be waived in any case or category of cases in which the ,secretary finds that applying subparagraph 7,a7-- 7i7 would be inconsistent with the public interest2 or 7ii7 will increase the cost of the overall project by more than #be percent4 7,c7 ,waiver ,if the ,secretary receives a request for a waiver under this subsection1 the ,secretary shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,secretary concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public internet site of the ,department of ,health and ,human ,services4 7,d7 ,management and oversight ,the ,secretary may retain up to #j4be percent of the funds appropriated for this subsection for management and oversight of the requirements of this paragraph4 7,e7 ,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 project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this paragraph4 7#c7 ,applicability of ,davis-,bacon ,act 7,a7 ,in general ,the ,secretary shall require that each entity applying for a grant for any capital project pursuant to paragraph 7#a71 funded in whole or in part with funds made available under this subsection1 shall include in such application written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alternation or repair1 as part of such project1 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 #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to 7and referred to in this section7 as the ,davis-,bacon ,act74 7,b7 ,authority to enforce ,with respect to the labor standards specified in the ,davis-,bacon ,act1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#ae ,fed4 ,reg4 #cagf2 #e ,u4,s4,c4 ,app47 and section #b of the ,act of ,june #ac1 #aicd 7#dj ,u4,s4,c4 #bgf;c74 4 #cdajc4 ,pilot program to improve laboratory infrastructure 7a7 ,in general ,the ,secretary of ,health and ,human ,services shall award grants to ,states and political subdivisions of ,states to support the improvement1 renovation1 or modernization of infrastructure at clinical laboratories 7as defined in section #cec of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfc;a77 that will help to improve ,,sars-,co,v-#b and ,,covid-#ai testing and response activities1 including the expansion and enhancement of testing capacity and the reduction of wait times for results at such laboratories4 7b7 ,energy efficiency 7#a7 ,in general ,as a condition on receipt of a grant under this section for a project1 a grant recipient shall ensure that the project increases-- 7,a7 energy efficiency2 7,b7 energy resilience2 or 7,c7 the use of renewable energy4 7#b7 ,application ,paragraph 7#a7 shall be waived in any case or category of cases in which the ,secretary finds that applying paragraph 7#a7-- 7,a7 would be inconsistent with the public interest2 or 7,b7 will increase the cost of the overall project by more than #be percent4 7#c7 ,waiver ,if the ,secretary receives a request for a waiver under this subsection1 the ,secretary shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,secretary concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public internet site of the ,department of ,health and ,human ,services4 7#d7 ,management and oversight ,the ,secretary may retain up to #j4be percent of the funds appropriated for this section for management and oversight of the requirements of this subsection4 7#e7 ,effective date ,this subsection does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this subsection4 7c7 ,applicability of ,davis-,bacon ,act 7#a7 ,in general ,the ,secretary shall require that each ,state or political subdivision of a ,state applying for a grant1 with respect to a project for the improvement1 renovation1 or modernization of infrastructure at clinical laboratories under this section1 funded in whole or in part with funds made available under this section1 shall include in such application written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alternation1 or repair1 as part of such project1 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 #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to 7and referred to in this section7 as the ,davis-,bacon ,act74 7#b7 ,authority to enforce ,with respect to the labor standards specified in the ,davis-,bacon ,act1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#ae ,fed4 ,reg4 #cagf2 #e ,u4,s4,c4 ,app47 and section #b of the ,act of ,june #ac1 #aicd 7#dj ,u4,s4,c4 #bgf;c74 7d7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #d1ejj1jjj1jjj for the period of fiscal years #bjba through #bjbe4 #cdajd4 #bast century ,indian health program hospitals and outpatient health care facilities ,the ,indian ,health ,care ,improvement ,act is amended by inserting after section #cja of such ,act 7#be ,u4,s4,c4 #afca7 the following3 #cja;,a4 ,additional funding for planning1 design1 construction1 modernization1 and renovation of hospitals and outpatient health care facilities 7a7 ,additional funding ,for the purpose described in subsection 7b71 in addition to any other funds available for such purpose1 there is authorized to be appropriated #e1jjj1jjj1jjj for the period of fiscal years #bjba through #bjbe4 7b7 ,purpose ,the purpose described in this subsection is the planning1 design1 construction1 modernization1 and renovation of hospitals and outpatient health care facilities that are funded1 in whole or part1 by the ,service through1 or provided for in1 a contract or compact with the ,service under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 including to address ,,covid-#ai and other subsequent public health crises4 7c7 ,tribal consultation ,the ,secretary shall engage in consultation with ,indian ,tribes and ,tribal organizations to receive guidance and recommendations from ,tribal officials before initiating any construction projects under this section on federally-operated facilities of the ,service4 7d7 ,energy efficiency 7#a7 ,in general ,as a condition on receipt of funding under this section for a project1 the recipient of such funding shall ensure that the project increases-- 7,a7 energy efficiency2 7,b7 energy resilience2 or 7,c7 the use of renewable energy4 7#b7 ,application ,paragraph 7#a7 shall be waived in any case or category of cases in which the ,secretary finds that applying paragraph 7#a7-- 7,a7 would be inconsistent with the public interest2 or 7,b7 will increase the cost of the overall project by more than #be percent4 7#c7 ,waiver ,if the ,secretary receives a request for a waiver under this subsection1 the ,secretary shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,secretary concerning the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public internet site of the ,department of ,health and ,human ,services4 7#d7 ,management and oversight ,the ,secretary may retain up to #j4be percent of the funds appropriated for this section for management and oversight of the requirements of this subsection4 7#e7 ,effective date ,this subsection does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this subsection4 4 #cdaje4 ,pilot program to improve community-based care infrastructure 7a7 ,in general ,the ,secretary of ,health and ,human ,services may award grants to qualified teaching health centers 7as defined in section #cdj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h77 and behavioral health care centers 7as defined by the ,secretary1 to include both substance abuse and mental health care facilities7 to support the improvement1 renovation1 or modernization of infrastructure at such centers1 including to address ,,covid-#ai and other subsequent public health crises4 7b7 ,energy efficiency 7#a7 ,in general ,as a condition on receipt of a grant under this section for a project1 a grant recipient shall ensure that the project increases-- 7,a7 energy efficiency2 7,b7 energy resilience2 or 7,c7 the use of renewable energy4 7#b7 ,application ,paragraph 7#a7 shall be waived in any case or category of cases in which the ,secretary finds that applying paragraph 7#a7-- 7,a7 would be inconsistent with the public interest2 or 7,b7 will increase the cost of the overall project by more than #be percent4 7#c7 ,waiver ,if the ,secretary receives a request for a waiver under this subsection1 the ,secretary shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,secretary concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public internet site of the ,department of ,health and ,human ,services4 7#d7 ,management and oversight ,the ,secretary may retain up to #j4be percent of the funds appropriated for this section for management and oversight of the requirements of this subsection4 7#e7 ,effective date ,this subsection does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this subsection4 7c7 ,applicability of ,davis-,bacon ,act 7#a7 ,in general ,the ,secretary shall require that each qualified teaching health center or behavioral health care center applying for a grant1 with respect to a project for the improvement1 renovation1 or modernization of infrastructure at a qualified teaching health center or behavior health care center under this section1 funded in whole or in part with funds made available under this section1 shall include in such application written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alternation1 or repair1 as part of such project1 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 #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to 7and referred to in this section7 as the ,davis-,bacon ,act74 7#b7 ,authority to enforce ,with respect to the labor standards specified in the ,davis-,bacon ,act1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#ae ,fed4 ,reg4 #cagf2 #e ,u4,s4,c4 ,app47 and section #b of the ,act of ,june #ac1 #aicd 7#dj ,u4,s4,c4 #bgf;c74 7d7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #ejj1jjj1jjj1 to remain available until expended4 #cdajf4 ,access road for ,desert ,sage ,youth ,wellness ,center 7a7 ,acquisition of ,land 7#a7 ,authorization ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,indian ,health ,service1 is authorized to acquire1 from willing sellers1 the land in ,hemet1 ,california1 upon which is located a dirt road known as ,best ,road1 beginning at the driveway of the ,desert ,sage ,youth ,wellness ,center at ,faure ,road and extending to the junction of ,best ,road and ,sage ,road4 7#b7 ,compensation ,the ,secretary shall pay fair market value for the land authorized to be acquired under paragraph 7#a74 ,fair market value shall be determined-- 7,a7 using ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 and 7,b7 by an appraiser acceptable to the ,secretary and the owners of the land to be acquired4 7#c7 ,additional rights ,in addition to the land referred to in paragraph 7#a71 the ,secretary is authorized to acquire1 from willing sellers1 land or interests in land as reasonably necessary to construct and maintain the road as required by subsection 7b74 7b7 ,construction and maintenance of road 7#a7 ,construction ,after the ,secretary acquires the land pursuant to subsection 7a71 the ,secretary shall construct on that land a paved road that is generally located over ,best ,road to facilitate access to the ,desert ,sage ,youth ,wellness ,center in ,hemet1 ,california4 7#b7 ,maintenance ,the ,secretary-- 7,a7 shall maintain and manage the road constructed pursuant to paragraph 7#a72 or 7,b7 enter into an agreement with ,riverside ,county1 ,california1 to own1 maintain and manage the road constructed pursuant to paragraph 7#a74 ,h ,additional ,programs ,i ,additional ,programs #djjja4 ,national scenic byways program ,there are authorized to be appropriated out of the general fund of the ,treasury1 for the national scenic byways program under section #afb of title #bc1 ,united ,states ,code-- 7#a7 #ee1jjj1jjj for fiscal year #bjba2 7#b7 #fj1jjj1jjj for fiscal year #bjbb2 7#c7 #fe1jjj1jjj for fiscal year #bjbc2 7#d7 #gj1jjj1jjj for fiscal year #bjbd2 and 7#e7 #ge1jjj1jjj for fiscal year #bjbe4 #djjjb4 ,authorization of appropriations for ,department of ,veterans ,affairs 7a7 ,in general ,there is authorized to be appropriated for the ,department of ,veterans ,affairs #c1cif1jjj1jjj to carry out subsection 7b74 ,amounts appropriated pursuant to this section shall remain available for obligation or expenditure without fiscal year limitation4 7b7 ,use of amounts ,the amount authorized to be appropriated under subsection 7a7 shall be used by the ,secretary of ,veterans ,affairs as follows3 7#a7 #gej1jjj1jjj for minor construction4 7#b7 #gej1jjj1jjj for non-recurring maintenance4 7#c7 #a1cej1jjj1jjj for major construction projects that are partially funded for fiscal year #bjba4 7#d7 #edf1jjj1jjj for grants under subchapter ,,iii of chapter #ha of title #ch1 ,united ,states ,code4 7c7 ,contracting goals ,the contracting goals under section #ae7;g77#a7 and 7#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdd7 shall apply to a contract entered into using amounts authorized to be appropriated under this section and used pursuant to subsection 7b77#a7 and 7#b74 #djjjc4 ,requirements for owners and operators of equipment or facilities used by passenger or freight transportation employers 7a7 ,definitions ,in this section3 7#a7 ,at-risk employee ,the term at-risk employee means an employee 7including a ,federal employee7 or contractor of a passenger or freight transportation employer-- 7,a7 whose job responsibilities involve interaction with-- 7i7 passengers2 7ii7 the public2 or 7iii7 coworkers who interact with the public2 7,b7 who handles items which are handled or will be handled by the public2 or 7,c7 who works in locations where social distancing and other preventative measures with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 are not possible4 7#b7 ,passenger or freight transportation employer ,the term passenger or freight transportation employer includes-- 7,a7 the owner1 charterer1 managing operator1 master1 or other individual in charge of a passenger vessel 7as defined in section #baja of title #df1 ,united ,states ,code72 7,b7 an air carrier 7as defined in section #djajb of title #di1 ,united ,states ,code72 7,c7 a commuter authority 7as defined in section #bdajb of title #di1 ,united ,state ,code72 7,d7 an entity that provides intercity rail passenger transportation 7as defined in section #bdajb of title #di1 ,united ,states ,code72 7,e7 a rail carrier 7as defined in section #ajajb of title #di1 ,united ,states ,code72 7,f7 a regional transportation authority 7as defined in section #bdajb of title #di1 ,united ,states ,code72 7,g7 a provider of public transportation 7as defined in section #ecjb of title #di1 ,united ,states ,code72 7,h7 a provider of motorcoach services 7as defined in section #cbgjb of the ,motorcoach ,enhanced ,safety ,act of #bjab 7#di ,u4,s4,c4 #caacf note2 ,public ,law #aab-ada772 7,i7 a motor carrier that owns or operates more than #ajj motor vehicles 7as those terms are defined in section #cij4e of title #di1 ,code of ,federal ,regulations 7or successor regulations772 7,j7 a sponsor1 owner1 or operator of a public-use airport 7as defined in section #dgajb of title #di1 ,united ,states ,code72 7,k7 a marine terminal operator 7as defined in section #djajb of title #df1 ,united ,states ,code7 and the relevant authority or operator of a port or harbor2 7,l7 the ,transportation ,security ,administration1 exclusively with respect to ,transportation ,security ,officers2 and 7,m7 a marine terminal operator 7as defined in section #djajb of title #df1 ,united ,states ,code7 and the relevant authority or operator of a port or harbor1 or any other employer of individuals covered under section #b7c7 of the ,longshore and ,harbor ,workers' ,compensation ,act 7#cc ,u4,s4,c4 #ijb7c774 7b7 ,requirements ,for the purposes of responding to1 or for purposes relating to operations during the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 related to the pandemic of ,,sars-#d;,co,v-#b or coronavirus disease #bjai 7,,covid-#ai71 the ,secretary shall require-- 7#a7 the owners or operators of equipment1 stations1 or facilities used by passenger or freight transportation employers1 as applicable-- 7,a7 to clean1 disinfect1 and sanitize1 in accordance with guidance issued by the ,centers for ,disease ,control and ,prevention1 the equipment and facilities1 including1 as applicable-- 7i7 buses2 7ii7 commercial motor vehicles2 7iii7 freight and passenger rail locomotives2 7iv7 freight and passenger rail cars2 7v7 vessels2 7vi7 airports2 7vii7 fleet vehicles used for the transportation of workers to job sites2 7viii7 aircraft1 including the cockpit and the cabin2 and 7ix7 other equipment and facilities2 7,b7 to ensure that stations and facilities1 including enclosed facilities1 owned1 operated1 and used by passenger or freight transportation employers1 including facilities used for employee training or the performance of indoor or outdoor maintenance1 repair1 or overhaul work1 are disinfected and sanitized frequently in accordance with guidance issued by the ,centers for ,disease ,control and ,prevention2 7,c7 to provide to at-risk employees-- 7i7 masks or protective face coverings2 7ii7 gloves2 7iii7 hand sanitizer2 7iv7 sanitizing wipes with sufficient alcohol content2 and 7v7 training on the proper use of personal protective equipment and sanitizing equipment2 7,d7 to ensure that employees whose job responsibilities include the cleaning1 disinfecting1 or sanitizing described in subparagraph 7,a7 or 7,b7 are provided-- 7i7 masks or protective face coverings2 7ii7 gloves2 7iii7 hand sanitizer2 and 7iv7 sanitizing wipes with sufficient alcohol content2 7,e7 to establish guidelines1 or adhere to any existing applicable guidelines1 for notifying an employee of the owner or operator of a confirmed diagnosis of the ,coronavirus ,disease #bjai 7,,covid-#ai7 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 #dh-;hour period preceding the time at which the diagnosed employee developed symptoms2 7,f7 to require that passengers and cabin crew members wear masks or protective face coverings while in or using a passenger aircraft of an air carrier2 7,g7 to require each flight crew member to wear a mask or protective face covering while on board an aircraft and outside the flight deck2 and 7,h7 ensure that each contractor of an owner or operator identified under this paragraph provides masks or protective face coverings1 gloves1 hand sanitizer1 and sanitizing wipes with sufficient alcohol content1 to employees of such contractor whose job responsibilities include the cleaning1 disinfecting1 or sanitizing described in subparagraph 7,a7 or 7,b74 7#b7 an air carrier to submit to the ,administrator of the ,federal ,aviation ,administration a proposal to permit flight crew members to wear masks or protective face coverings in the flight deck1 including a safety risk assessment with respect to that proposal4 7c7 ,market unavailability of necessary items 7#a7 ,notice of market unavailability 7,a7 ,in general ,if an owner or operator described in paragraph 7#a7 of subsection 7b7 is unable to acquire #a or more items necessary to comply with the requirements prescribed under that paragraph due to market unavailability of the items1 the owner or operator shall-- 7i7 not later than #g days after the date on which the owner or operator is unable to acquire each applicable item1 submit to the ,secretary a written notice explaining the efforts made and obstacles faced by the owner or operator to acquire that item2 and 7ii7 continue making efforts to acquire that item until the item is acquired4 7,b7 ,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 7,a7 by the date described in paragraph 7#d77;,b77ii7 with respect to the notice1 the owner or operator may submit an updated notice with respect to that item4 7#b7 ,reasonable effort determination ,with respect to each notice submitted under paragraph 7#a71 the ,secretary shall determine whether the owner or operator submitting the notice has made reasonable efforts to acquire the item described in the notice4 7#c7 ,notice of compliance ,not later than #g 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 7#a7 in a quantity sufficient to comply with the requirements prescribed under subsection 7b77#a71 the owner or operator shall submit to the ,secretary a written notice of compliance with those requirements4 7#d7 ,list of owners and operators making reasonable efforts to acquire unavailable items 7,a7 ,in general ,the ,secretary shall publish on a public website of the ,department of ,transportation a list that1 with respect to each notice submitted to the ,secretary under paragraph 7#a7 for which the ,secretary has made a positive determination under paragraph 7#b7-- 7i7 identifies the owner or operator that submitted the notice2 7ii7 identifies the item that the owner or operator was unable to acquire2 and 7iii7 describes the reasonable efforts made by the owner or operator to acquire that item4 7,b7 ,removal from list ,the ,secretary shall remove each entry on the list described in subparagraph 7,a7 on the earlier of-- 7i7 the date on which the applicable owner or operator submits to the ,secretary a notice of compliance under paragraph 7#c7 with respect to the item that is the subject of the entry2 and 7ii7 the date that is #ij days after the date on which the entry was added to the list4 7d7 ,protection of certain ,federal ,aviation ,administration employees 7#a7 ,in general ,for the purposes of responding to1 or for purposes relating to operations during the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 related to the pandemic of ,,sars-#d;,co,v-#b or coronavirus disease #bjai 7,,covid-#ai71 in order to maintain the safe and efficient operation of the air traffic control system1 the ,administrator of the ,federal ,aviation ,administration shall-- 7,a7 provide any air traffic controller and airway transportation systems specialist of the ,federal ,aviation ,administration with masks or protective face coverings1 gloves1 and hand sanitizer and wipes of sufficient alcohol content1 and provide training on the proper use of personal protective equipment and sanitizing equipment2 7,b7 ensure that each air traffic control facility is cleaned1 disinfected1 and sanitized frequently in accordance with ,centers for ,disease ,control and ,prevention guidance2 and 7,c7 provide any employee of the ,federal ,aviation ,administration whose job responsibilities involve cleaning1 disinfecting1 and sanitizing a facility described in subparagraph 7,b7 with masks or protective face coverings and gloves1 and ensure that each contractor of the ,federal ,aviation ,administration provides any employee of the contractor with those materials4 7#b7 ,source of equipment ,the items described in paragraph 7#a77;,a7 may be procured or provided under that paragraph through any source available to the ,administrator of the ,federal ,aviation ,administration4 #djjjd4 ,revolving loan fund flexibility ,section #bji7;d7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadi7;d77 is amended-- 7#a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,revolving loan fund repurposing 7,a7 ,in general ,a grantee of revolving loan funds may1 upon request1 transfer any funds that have been repaid to a revolving loan fund under this section to any other project eligible to receive funding under this section4 7,b7 ,eligibility ,to be eligible to transfer revolving loan funds under this paragraph1 a grantee shall have more cash available for lending than the average cash available for lending in the ,,eda region in which such grantee is located4 7,c7 ,discretion ,the ,secretary shall retain the discretion to approve or deny a transfer request under this paragraph4 7,d7 ,cash available for lending defined ,in this paragraph1 the term cash available for lending means the revolving loan fund cash available for lending net of the committed revolving loan fund cash4 4 #djjje4 ,authorization for science center construction 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,director of the ,united ,states ,geological ,survey #aff1hjj1jjj to fund1 through a cooperative agreement with an academic partner1 the design1 construction1 and tenant build-out of a facility to support energy and minerals research and appurtenant associated structures4 7b7 ,agreements ,the ,united ,states ,geological ,survey will retain ownership of the facility and associated structures once constructed and is authorized to enter into agreements with1 and to collect and spend funds or in-kind contributions from1 academic1 ,federal1 ,state1 or other facility tenants on facility planning1 design1 maintenance1 operation1 or facility improvement costs during the life of the facility4 7c7 ,lease ,the ,director of the ,united ,states ,geological ,survey is authorized to enter into a lease or other agreement with the academic partner1 at no cost to the ,united ,states1 for that partner to provide land on which to construct the facility for a minimum term of not less than #ii years4 7d7 ,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 committees4 #djjjf4 ,,gao study on the impact of transportation policies on marginalized communities 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study to identify the impact of certain transportation policies on people based on their race1 ethnicity1 nationality1 age1 disability status1 and gender identity1 including-- 7#a7 data on fare evasion policies1 including-- 7,a7 the number of people stopped for suspected fare evasion by transit law enforcement officers or transit agency personnel1 aggregated by tract1 as designated by the ,bureau of the ,census2 7,b7 the race1 ethnicity1 nationality1 age1 disability status1 and gender identity of people stopped by law enforcement officers or transit agency personnel and provided a citation or summons for suspected fare evasion2 7,c7 an analysis on the dollar amount1 organized by transit station1 of-- 7i7 fines issued as penalty for fare evasion citations to individuals by race1 ethnicity1 nationality1 age1 disability status1 and gender identity2 7ii7 fare revenue lost due to fare evasion2 and 7iii7 fare evasion fines collected by transit agency1 law enforcement1 or other entity2 and 7,d7 the number of complaints filed against law enforcement officers or transit agency personnel while enforcing fare evasion policies2 7#b7 data on speed enforcement cameras1 including-- 7,a7 the location of speed enforcement cameras and the demographics of the location of such region by tract1 as designated by the ,bureau of the ,census1 including race1 ethnicity1 nationality1 and median income2 7,b7 the original intent for placement of the speed enforcement camera1 whether to address a specific safety concern or otherwise2 7,c7 the affiliated policy for enforcement1 whether automated enforcement1 in-person ticketing1 or otherwise2 and 7,d7 the dollar amount of fines to drivers by speed enforcement camera location2 and 7#c7 any other transportation policy that may have a disproportionate impact on low-income communities and communities of color4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit the ,committee on ,transportation and ,infrastructure and the ,committee on the ,judiciary of the ,house of ,representatives a report on the results of the study conducted under subsection 7a71 including-- 7#a7 any disproportionate impacts of transportation policies on marginalized communities2 and 7#b7 recommendations on ways to reduce such disproportionate impacts4 #djjjg4 ,use of bird-safe features1 practices1 and strategies in public buildings 7a7 ,in general ,chapter #cc of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #ccai4 ,use of bird-safe features1 practices1 and strategies in public buildings 7a7 ,construction1 alteration1 and acquisition of public buildings ,the ,administrator of ,general ,services shall incorporate1 to the extent practicable1 features1 practices1 and strategies to reduce bird fatality resulting from collisions with public buildings for each public building-- 7#a7 constructed2 7#b7 acquired2 or 7#c7 of which more than #ej percent of the facade is substantially altered 7in the opinion of the ,commissioner of ,public ,buildings74 7b7 ,design guide ,the ,administrator shall develop a design guide to carry out subsection 7a7 that includes the following3 7#a7 ,features for reducing bird fatality resulting from collisions with public buildings throughout all construction phases1 taking into account the number of each such bird fatality that occurs at different types of public buildings4 7#b7 ,methods and strategies for reducing bird fatality resulting from collisions with public buildings during the operation and maintenance of such buildings1 including installing interior1 exterior1 and site lighting4 7#c7 ,best practices for reducing bird fatality resulting from collisions with public buildings1 including-- 7,a7 a description of the reasons for adopting such practices2 and 7,b7 an explanation for the omission of a best practice identified pursuant to subsection 7c74 7c7 ,identifying best practices ,to carry out subsection 7b77#c71 the ,administrator may identify best practices for reducing bird fatality resulting from collisions with public buildings1 including best practices recommended by-- 7#a7 ,federal agencies with expertise in bird conservation2 7#b7 nongovernmental organizations with expertise in bird conservation2 and 7#c7 representatives of green building certification systems4 7d7 ,dissemination of design guide ,the ,administrator shall disseminate the design guide developed pursuant to subsection 7b7 to all ,federal agencies1 subagencies1 and departments with independent leasing authority from the ,administrator4 7e7 ,update to design guide ,the ,administrator shall1 on a regular basis1 update the design guide developed pursuant to subsection 7b7 with respect to the priorities of the ,administrator for reducing bird fatality resulting from collisions with public buildings4 7f7 ,exempt buildings ,this section shall not apply to-- 7#a7 any building or site listed1 or eligible for listing1 on the ,national ,register of ,historic ,places2 7#b7 the ,white ,house and the grounds of the ,white ,house2 7#c7 the ,supreme ,court building and the grounds of the ,supreme ,court2 or 7#d7 the ,united ,states ,capitol and any building on the grounds of the ,capitol4 7g7 ,certification ,not later than ,october #a of each fiscal year1 the ,administrator1 acting through the ,commissioner1 shall certify to ,congress that the ,administrator uses the design guide developed pursuant to subsection 7b7 for each public building described in subsection 7a74 7h7 ,report ,not later than ,october #a of each fiscal year1 the ,administrator shall submit to ,congress a report that includes-- 7#a7 the certification under subsection 7g72 and 7#b7 to the extent practicable1 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 agency4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #cc of title #dj1 ,united ,states ,code1 is amended by adding at the end the following new item3 #ccai4 ,use of bird-safe features1 practices1 and strategies in public buildings4 4 #djjjh4 ,,gao ,study 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 mass transit and civilian airlines have an essential role in keeping the ,united ,states moving2 7#b7 while the ,,covid-#ai pandemic has devastated the industry1 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 systems2 7#c7 ,congress can support the transportation sector by authorizing a ,,gao study that would recommend specific safety measures to reduce exposure to the ,,sars-,co,v-#b virus on mass transportation systems1 as well as technologies that can assist with the implementation of such safety measures1 including technologies that facilitate large-scale sanitation and decontamination and encourage social distancing2 and 7#d7 implementation of such safety measures and technologies will help the transportation sector be more resilient in the face of future pandemics4 7b7 ,study ,the ,comptroller ,general of the ,united ,states shall carry out a study to-- 7#a7 research and recommend specific measures that civilian transit companies and agencies 7including rail1 airlines1 and buses7 should implement to improve the safety of passengers and crew2 7#b7 research and recommend technologies being developed within and outside the ,united ,states ,government1 including the ,department of ,defense and ,national ,aeronautics and ,space ,administration1 that can be transitioned to the civilian transportation sector2 and 7#c7 study technologies that-- 7,a7 provide an alternative to decontamination with chemical solutions which is labor intensive1 and has material compatibility and corrosion concerns2 7,b7 decontaminate crevices and hard to reach areas that can be missed with other technologies2 7,c7 minimize personnel exposure to the contaminated aircraft to personnel required for set-up2 and 7,d7 allow timely decontamination 7under #c hours7 to return the bus1 train1 or aircraft to operational status4 7c7 ,report ,not later than #c months after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report containing the results of the study required under subsection 7b74 #djjji4 ,land port of entry infrastructure modernization ,there is authorized to be appropriated from the general fund of the ,treasury for fiscal year #bjba #ajj1jjj1jjj to the ,administrator of ,general ,services for the necessary expenses for the construction1 repair1 upgrades1 and maintenance necessary to fulfill the backlog of port infrastructure improvement projects at land ports of entry that experienced no less than #e percent growth in total trade in the year of #bjai1 according to data produced by the ,bureau of the ,census4 #djjaj4 ,colonias state of good repair grant program 7a7 ,in general ,the ,secretary of ,transportation shall establish a state of good repair surface transportation grant program to provide grants that increase the state of good repair for surface infrastructure in and around colonias4 7b7 ,eligible entities ,the following entities are eligible to receive a grant under this section3 7#a7 ,states4 7#b7 ,metropolitan planning organizations4 7#c7 ,units of local government4 7#d7 ,federal land management agencies4 7#e7 ,tribal governments4 7c7 ,colonia defined ,in this section1 the term colonia means any identifiable community that-- 7#a7 is in the ,state of ,arizona1 ,california1 ,new ,mexico1 or ,texas2 7#b7 is in the area of the ,united ,states within #aej miles of the border between the ,united ,states and ,mexico1 except that the term does not include any standard metropolitan statistical area that has a population exceeding #a1jjj1jjj2 7#c7 is determined to be a colonia on the basis of objective criteria1 including lack of potable water supply1 lack of adequate sewage systems1 and lack of decent1 safe1 and sanitary housing2 and 7#d7 was in existence as a colonia before ,november #bh1 #aiij4 7d7 ,authorization of appropriations ,there are authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjbb through #bjbe to carry out this section4 #djjaa4 ,accessibility of public transportation for pregnant women ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,transportation shall submit to ,congress a report that includes-- 7#a7 a description of the unique challenges that pregnant women face when riding public transportation2 and 7#b7 an assessment of how accessible public transportation that receives ,federal funds is for pregnant women4 #djjab4 ,national ,labs restoration and modernization 7a7 ,in general ,the ,secretary of ,energy shall fund projects described in subsection 7b7 as needed to address deferred maintenance1 critical infrastructure needs1 and modernization of ,national ,laboratories4 7b7 ,use of funds ,the projects described in this subsection are the following3 7#a7 ,priority deferred maintenance projects1 including facilities maintenance and refurbishment of research laboratories1 administrative and support buildings1 utilities1 roads1 power plants and any other critical infrastructure1 as determined by the ,secretary of ,energy4 7#b7 ,lab modernization projects1 including core infrastructure needed to support emerging science missions with new and specialized requirements and to maintain safe1 efficient1 reliable1 and environmentally responsible operations1 as determined by the ,secretary of ,energy4 7c7 ,authorization of appropriations ,there are authorized to be appropriated for each of the fiscal years #bjba to #bjbe #a1bjj1jjj1jjj2 whereas not less than one sixth of what is appropriated must be stewarded by the ,department of ,energy ,office of ,science4 7d7 ,submission to ,congress ,the ,secretary of the ,energy shall submit to the ,committee on ,appropriations and the ,committee on ,science1 ,space and ,technology of the ,house of ,representatives and to the ,committee on ,appropriations and the ,committee on ,energy and ,natural ,resources of the ,senate1 with the annual budget submission of the ,president for each year through fiscal year #bjbe1 a list of projects for which the ,secretary will provide funding under this section1 including a description of each such project4 7e7 ,national ,laboratory ,in this section1 the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 #djjac4 ,definitions ,in this division3 7#a7 ,chesapeake ,bay agreements ,the term ,chesapeake ,bay agreements means the formal1 voluntary agreements-- 7,a7 executed to achieve the goal of restoring and protecting the ,chesapeake ,bay watershed ecosystem and the living resources of the ,chesapeake ,bay watershed ecosystem2 and 7,b7 signed by the ,chesapeake ,executive ,council4 7#b7 ,chesapeake ,bay program ,the term ,chesapeake ,bay program means the program directed by the ,chesapeake ,executive ,council in accordance with the ,chesapeake ,bay agreements4 7#c7 ,chesapeake ,bay watershed ,the term ,chesapeake ,bay watershed means the region that covers-- 7,a7 the ,chesapeake ,bay2 7,b7 the portions of the ,states of ,delaware1 ,maryland1 ,new ,york1 ,pennsylvania1 ,virginia1 and ,west ,virginia that drain into the ,chesapeake ,bay2 and 7,c7 the ,district of ,columbia4 7#d7 ,chesapeake ,executive ,council ,the term ,chesapeake ,executive ,council means the council comprised of-- 7,a7 the ,governors of each of the ,states of ,delaware1 ,maryland1 ,new ,york1 ,pennsylvania1 ,virginia1 and ,west ,virginia2 7,b7 the ,mayor of the ,district of ,columbia2 7,c7 the ,chair of the ,chesapeake ,bay ,commission2 and 7,d7 the ,administrator of the ,environmental ,protection ,agency4 7#e7 ,chesapeake ,,wild program ,the term ,chesapeake ,,wild program means the nonregulatory program established by the ,secretary under section #djjad7;a74 7#f7 ,grant program ,the term grant program means the ,chesapeake ,watershed ,investments for ,landscape ,defense grant program established by the ,secretary under section #djjae7;a74 7#g7 ,restoration and protection activity ,the term restoration and protection activity means an activity carried out for the conservation1 stewardship1 and enhancement of habitat for fish and wildlife-- 7,a7 to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend2 and 7,b7 for use and enjoyment by the public4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 #djjad4 ,program establishment 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a nonregulatory program1 to be known as the ,chesapeake ,watershed ,investments for ,landscape ,defense program4 7b7 ,purposes ,the purposes of the ,chesapeake ,,wild program include-- 7#a7 coordinating restoration and protection activities among ,federal1 ,state1 local1 and regional entities and conservation partners throughout the ,chesapeake ,bay watershed2 7#b7 engaging other agencies and organizations to build a broader range of partner support1 capacity1 and potential funding for projects in the ,chesapeake ,bay watershed2 7#c7 carrying out coordinated restoration and protection activities1 and providing for technical assistance1 throughout the ,chesapeake ,bay watershed-- 7,a7 to sustain and enhance restoration and protection activities2 7,b7 to improve and maintain water quality to support fish and wildlife1 habitats of fish and wildlife1 and drinking water for people2 7,c7 to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat2 7,d7 to improve opportunities for public access and recreation in the ,chesapeake ,bay watershed consistent with the ecological needs of fish and wildlife habitat2 7,e7 to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions2 7,f7 to utilize green infrastructure or natural infrastructure best management practices to enhance fish and wildlife habitat2 7,g7 to engage the public through outreach1 education1 and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the ,chesapeake ,bay watershed2 7,h7 to sustain and enhance vulnerable communities and fish and wildlife habitat2 7,i7 to conserve and restore fish1 wildlife1 and plant corridors2 and 7,j7 to increase scientific capacity to support the planning1 monitoring1 and research activities necessary to carry out coordinated restoration and protection activities4 7c7 ,duties ,in carrying out the ,chesapeake ,,wild program1 the ,secretary shall-- 7#a7 draw on existing plans for the ,chesapeake ,bay watershed1 or portions of the ,chesapeake ,bay watershed1 including the ,chesapeake ,bay agreements1 and work in consultation with applicable management entities1 including ,chesapeake ,bay program partners1 such as the ,federal ,government1 ,state and local governments1 the ,chesapeake ,bay ,commission1 and other regional organizations1 as appropriate1 to identify1 prioritize1 and implement restoration and protection activities within the ,chesapeake ,bay watershed2 7#b7 adopt a ,chesapeake ,bay watershed-wide strategy that-- 7,a7 supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph 7#a72 and 7,b7 targets cost-effective projects with measurable results2 and 7#c7 establish the grant program in accordance with section #djjae4 7d7 ,coordination ,in establishing the ,chesapeake ,,wild program1 the ,secretary shall consult1 as appropriate1 with-- 7#a7 the heads of ,federal agencies1 including-- 7,a7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,c7 the ,chief of the ,natural ,resources ,conservation ,service2 7,d7 the ,chief of ,engineers2 7,e7 the ,director of the ,united ,states ,geological ,survey2 7,f7 the ,secretary of ,transportation2 7,g7 the ,chief of the ,forest ,service2 and 7,h7 the head of any other applicable agency2 7#b7 the ,governors of each of the ,states of ,delaware1 ,maryland1 ,new ,york1 ,pennsylvania1 ,virginia1 and ,west ,virginia and the ,mayor of the ,district of ,columbia2 7#c7 fish and wildlife joint venture partnerships2 and 7#d7 other public agencies and organizations with authority for the planning and implementation of conservation strategies in the ,chesapeake ,bay watershed4 #djjae4 ,grants and technical assistance 7a7 ,chesapeake ,wild grant program ,to the extent that funds are made available to carry out this section1 the ,secretary shall establish and carry out1 as part of the ,chesapeake ,,wild program1 a voluntary grant and technical assistance program1 to be known as the ,chesapeake ,watershed ,investments for ,landscape ,defense grant program1 to provide competitive matching grants of varying amounts and technical assistance to eligible entities described in subsection 7b7 to carry out activities described in section #djjad7;b74 7b7 ,eligible entities ,the following entities are eligible to receive a grant and technical assistance under the grant program3 7#a7 ,a ,state4 7#b7 ,the ,district of ,columbia4 7#c7 ,a unit of local government4 7#d7 ,a nonprofit organization4 7#e7 ,an institution of higher education4 7#f7 ,any other entity that the ,secretary determines to be appropriate in accordance with the criteria established under subsection 7c74 7c7 ,criteria ,the ,secretary1 in consultation with officials and entities described in section #djjad7;d71 shall establish criteria for the grant program to help ensure that activities funded under this section-- 7#a7 accomplish one or more of the purposes described in section #djjad7;b72 and 7#b7 advance the implementation of priority actions or needs identified in the ,chesapeake ,bay watershed-wide strategy adopted under section #djjad7;c77#b74 7d7 ,cost sharing 7#a7 ,department of the ,interior share ,the ,department of the ,interior share of the cost of a project funded under the grant program shall not exceed #ej percent of the total cost of the project1 as determined by the ,secretary4 7#b7 ,non-,department of the ,interior share 7,a7 ,in general ,the non-,department of the ,interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials4 7,b7 ,other ,federal funding ,non-,department of the ,interior ,federal funds may be used for not more than #be percent of the total cost of a project funded under the grant program4 7e7 ,administration ,the ,secretary may enter into an agreement to manage the grant program with an organization that offers grant management services4 #djjaf4 ,reporting ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report describing the implementation of sections #djjad through #djjag of this ,act1 including a description of each project that has received funding under this ,act4 #djjag4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as are necessary to carry out sections #djjad through #djjag of this ,act4 7b7 ,supplement1 not supplant ,funds made available under subsection 7a7 shall supplement1 and not supplant1 funding for other activities conducted by the ,secretary in the ,chesapeake ,bay watershed4 #djjah4 ,reporting ,requirements ,relating to ,federal ,research ,infrastructure 7a7 ,in ,general ,section #ajjg7;c77#a7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #ffai7;c77#a77 is amended by inserting and funding for research infrastructure after research infrastructure4 7b7 ,,gao ,report ,not later than #a year after the date of enactment of this ,act and every #c years thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes-- 7#a7 an assessment of the current state of ,federal science facilities and related infrastructure1 including with respect to climate control systems1 the functionality of equipment and the usage of such equipment1 the quality of buildings in which such facilities are housed 7including the resiliency of such buildings to changes in climate1 weather1 and natural surroundings71 and the safety of the materials used in construction of facilities2 7#b7 an identification of the facilities in most critical need of repair or renovation2 7#c7 the estimated costs of completing such repairs or renovations2 and 7#d7 an evaluation of whether facility occupancy is sufficient to meet agency demands4 #djjai4 ,american ,infrastructure ,opportunity ,bonds ,chapter #ca of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by adding at the end the following new subchapter3 ,,iii ,american ,infrastructure ,opportunity ,bonds #caca4 ,issuance of ,american ,infrastructure ,opportunity ,bonds and use of proceeds 7a7 ,issuance of bonds ,if the ,secretary of the ,treasury determines that the real rate is equal to zero percent or less1 the ,secretary shall-- 7#a7 issue ,government bonds with a face value of #bj1jjj1jjj1jjj2 and 7#b7 deposit amounts equivalent to the proceeds from such issuance into the ,highway ,trust ,fund1 of which #bj percent shall be deposited into the ,mass ,transit ,account established under section #iejc7;e7 of the ,internal ,revenue ,code of #aihf4 7b7 ,definitions ,for purposes of this section3 7#a7 ,federal interest rate ,the term ,federal interest rate means the current market yields on outstanding marketable obligations of the ,united ,states with remaining periods to maturity of approximately #a year1 as determined by the ,secretary of the ,treasury4 7#b7 ,inflation rate ,the term inflation rate means the change in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor with respect to the previous calendar month4 7#c7 ,real rate ,the term real rate means-- 7,a7 the ,federal interest rate1 minus 7,b7 the inflation rate4 2 and 7#b7 in the analysis for such chapter1 by adding at the end the following3 ,,subchapter ,,iii--,american ,infrastructure ,opportunity ,bonds #caca4 ,issuance of ,american ,infrastructure ,opportunity ,bonds and use of proceeds4 4 ,,ii ,building ,u4,s4 ,infrastructure by ,leveraging ,demands for ,skills 7,,builds7 #djaja4 ,definitions 7a7 ,in general ,in this title1 except as otherwise provided in this title1 the terms have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,apprenticeship1 apprenticeship program ,the term apprenticeship or apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 including any requirement1 standard1 or rule promulgated under such ,act1 as such requirement1 standard1 or rule was in effect on ,december #cj1 #bjai4 7c7 ,,cte terms ,the terms area career and technical education school1 articulation agreement1 career guidance and academic counseling1 credit transfer agreement1 early college high school1 high school1 program of study1 ,tribal educational agency1 and work-based learning have the meanings given the terms in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7d7 ,education and training provider 7#a7 ,in general ,the term education and training provider means an entity listed in subparagraph 7,b7 that provides academic curriculum and instruction related to targeted infrastructure industries4 7#b7 ,entities ,an entity described in this subparagraph is as follows3 7,a7 ,an area career and technical education school1 early college high school1 or high school providing career and technical education programs of study4 7,b7 ,an ,indian ,tribe1 ,tribal organization1 or ,tribal educational agency4 7,c7 ,a minority-serving institution 7as described in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a7774 7,d7 ,a provider of adult education and literacy activities under the ,adult ,education and ,family ,literacy ,act 7#bi ,u4,s4,c4 #cbga et seq474 7,e7 ,a local agency administering plans under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb and #gda74 7,f7 ,a related instruction provider for an apprenticeship program4 7,g7 ,a public institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7,h7 ,a provider included on the list of eligible providers of training services described in section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d774 7,i7 ,a consortium of entities described in any of subparagraph 7,a7 through 7,h74 7e7 ,eligible entity ,the term eligible entity means-- 7#a7 an industry or sector partnership2 7#b7 a ,state board or ,state workforce development agency1 or a local board or local workforce development agency2 7#c7 an eligible institution1 or a consortium thereof2 7#d7 an ,indian ,tribe1 ,tribal organization1 or ,tribal educational agency2 7#e7 a labor organization or joint-labor management organization2 or 7#f7 a qualified intermediary4 7f7 ,nontraditional population ,the term nontraditional population means a group of individuals 7such as a group of individuals from the same gender or race7 the members of which comprise fewer than #be percent of the individuals employed in a targeted infrastructure industry4 7g7 ,qualified intermediary 7#a7 ,in general ,the term qualified intermediary means an entity that demonstrates an expertise-- 7,a7 in engaging in the partnerships described in paragraph 7#b72 and 7,b7 serving participants and employers of programs funded under this title by-- 7i7 connecting employers to programs funded under this title2 7ii7 assisting in the design and implementation of such programs1 including curriculum development and delivery of instruction2 7iii7 providing professional development activities such as training to mentors2 7iv7 connecting students or workers to programs funded under this title2 7v7 developing and providing personalized support for individuals participating in programs funded under this title1 including by partnering with organizations to provide access to or referrals for supportive services and financial advising2 or 7vi7 providing services1 resources1 and supports for development1 delivery1 expansion1 or improvement of programs funded under this title4 7#b7 ,required partnerships ,in carrying out activities under this title1 the qualified intermediary shall act in partnerships with-- 7,a7 industry or sector partnerships1 including establishing a new industry or sector partnership or expanding an existing industry or sector partnership2 7,b7 partnerships among employers1 joint labor-management organizations1 labor organizations1 community-based organizations1 ,state or local workforce development boards1 education and training providers1 social service organizations1 economic development organizations1 ,indian ,tribes or ,tribal organizations1 or one-stop operators1 or one-stop partners1 in the ,state workforce development system2 or 7,c7 partnerships among one or more of the entities described in subparagraphs 7,a7 and 7,b74 7h7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7i7 ,targeted infrastructure industry ,the term targeted infrastructure industry means an industry1 including the transportation 7including surface1 transit1 aviation1 maritime1 or railway transportation71 construction1 energy 7including the deployment of renewable and clean energy1 energy efficiency1 transmission1 and battery storage71 information technology1 or utilities industry7 to be served by a grant1 contract1 or cooperative agreement under this title4 #djajb4 ,grants authorized 7a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,education1 and the ,chief of ,engineers and ,commanding ,general of the ,army ,corps of ,engineers1 shall award1 on a competitive basis1 grants1 contracts1 or cooperative agreements to eligible entities to plan and implement activities to achieve the strategic objectives described in section #djajd7;b7 with respect to a targeted infrastructure industry identified in the application submitted under section #djajc by such eligible entities4 7b7 ,types of awards ,a grant1 contract1 or cooperative agreement awarded under this title may be in the form of-- 7#a7 an implementation grant1 contract1 or cooperative agreement1 for entities seeking an initial grant under this title2 or 7#b7 a renewal grant1 contract1 or cooperative agreement for entities that have already received an implementation grant1 contract1 or cooperative agreement under this title4 7c7 ,duration ,each grant awarded under this title shall be for a period not to exceed #c years4 7d7 ,amount ,the amount of a grant1 contract1 or cooperative agreement awarded under this title may not exceed-- 7#a7 for an implementation grant1 contract1 or cooperative agreement1 #b1ejj1jjj2 and 7#b7 for a renewal grant1 contract1 or cooperative agreement1 #a1ejj1jjj4 7e7 ,award basis 7#a7 ,geographic diversity ,the ,secretary shall award funds under this title in a manner that ensures geographic diversity 7such as urban and rural distribution7 in the areas in which activities will be carried out using such funds4 7#b7 ,priority for awards ,in awarding funds under this title1 the ,secretary shall give priority to eligible entities that-- 7,a7 in the case of awarding implementation grants1 contracts1 or cooperative agreements-- 7i7 demonstrate long-term sustainability of a program or activity funded under this title2 7ii7 will serve a high number or high percentage of nontraditional populations and individuals with barriers to employment2 and 7iii7 will provide a non-,federal share of the cost of the activities2 and 7,b7 in the case of awarding renewal grants1 contracts1 or cooperative agreements-- 7i7 meet the criteria established in subparagraph 7,a72 and 7ii7 have demonstrated ability to meet the-- 7,i7 strategic objectives of the implementation grant1 contract or cooperative agreement described in section #djajc7;b77#d72 and 7,,ii7 meet or exceed the requirements of the evaluations and progress reports described in section #djajd7;f74 #djajc4 ,application 7a7 ,in general ,an eligible entity desiring a grant4 contract1 or cooperative agreement under this title shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including the contents described in subsection 7b74 7b7 ,contents ,an application submitted under this title shall contain1 at a minimum-- 7#a7 a description of the entities engaged in activities funded under the grant1 including-- 7,a7 evidence of the eligible entity's capacity to carry out activities to achieve the strategic objectives described in section #djajd7;b72 and 7,b7 identification1 and expected participation and responsibilities of each key stakeholder in the targeted infrastructure industry described in section #djajd7;b77#a7 with which the eligible entity will partner to carry out such activities2 7#b7 a description of the targeted infrastructure industry to be served by the eligible entity with funds received under this title1 and a description of how such industry was identified1 including-- 7,a7 the quantitative data and evidence that demonstrates the demand for employment in such industry in the geographic area served by the eligible entity under this title2 and 7,b7 a description of the local1 ,state1 or federally funded infrastructure projects with respect to which the eligible entity anticipates engaging the partners described in paragraph 7#a77;,b72 7#c7 a description of the workers that will be targeted or recruited by the eligible entity1 including-- 7,a7 how recruitment activities will target nontraditional populations to improve the percentages of nontraditional populations employed in targeted infrastructure industries2 and 7,b7 a description of potential barriers to employment for targeted workers1 and a description of strategies that will be used to help workers overcome such barriers2 7#d7 a description of the strategic objectives described in section #djajd7;b7 that the eligible entity intends to achieve concerning the targeted infrastructure industry and activities to be carried out as described in section #djajd1 including-- 7,a7 a timeline for progress towards achieving such strategic objectives2 7,b7 a description of the manner in which the eligible entity intends to make sustainable progress towards achieving such strategic objectives2 and 7,c7 assurances the eligible entity will provide performance measures for measuring progress towards achieving such strategic objectives1 as described in section #djajd7;f72 7#e7 a description of the recognized postsecondary credentials that the eligible entity proposes to prepare individuals participating in activities under this title for1 which shall-- 7,a7 be nationally or regionally portable and stackable2 7,b7 be related to the targeted infrastructure industry that the eligible entity proposes to support2 and 7,c7 be aligned to a career pathway and work-based learning opportunity1 such as an apprenticeship program or a pre-apprenticeship program articulating to an apprenticeship program2 7#f7 a description of the ,federal and non-,federal resources1 available under provisions of law other than this title1 that will be leveraged in support of the partnerships and activities under this title2 and 7#g7 a description of how the eligible entity or the education and training provider in partnership with such eligible entity under this title will establish or implement plans to be included on the list of eligible providers of training services described in section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d774 #djajd4 ,eligible activities 7a7 ,in general ,an eligible entity receiving funds under this title shall carry out activities described this section to achieve the strategic objectives identified in the entity's application under section #djajc1 including the objectives described in subsection 7b74 7b7 ,strategic objectives ,the activities to be carried out with the funds awarded under this title shall be designed to achieve strategic objectives1 including the following3 7#a7 ,recruiting key stakeholders 7such as employers1 labor organizations1 local boards1 and education and training providers1 economic development agencies1 and as applicable1 qualified intermediaries7 in the targeted infrastructure industry to establish or expand industry and sector partnerships for the purpose of-- 7,a7 assisting the eligible entity in carrying out the activities described in subsection 7a72 and 7,b7 convening with the eligible entity in a collaborative structure that supports the sharing of information and best practices for supporting the development of a diverse workforce to support the targeted infrastructure industry4 7#b7 ,identifying the training needs of the ,state or local area in the targeted infrastructure industry1 including-- 7,a7 needs for skills critical to competitiveness and innovation in the industry2 7,b7 needs of the apprenticeship programs or other paid work-based learning programs supported by the funds2 and 7,c7 the needed establishment1 expansion1 or revisions of career pathways and academic curriculum in the targeted infrastructure industries to establish talent pipelines for such industry4 7#c7 ,identifying and quantifying any disparities or gaps in employment of nontraditional populations in the targeted infrastructure industries and establishing or expanding strategies to close such gaps4 7#d7 ,supporting the development of consortia of education and training providers receiving assistance under this title to align curricula1 recognized postsecondary credentials1 and programs to the targeted infrastructure industry needs and the credentials described in section #djajc7;b77#e71 particularly for high-skill1 high-wage or in-demand industry sectors or occupations related to the targeted infrastructure industry4 7#e7 ,providing information on activities carried out with such funds to the ,state and local board and the ,state agency carrying out the ,state program under the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq471 including staff of the agency that provide services under such ,act1 to enable the ,state agency to inform recipients of unemployment compensation or the employment and training opportunities that may be offered through such activities4 7#f7 ,establishing or expanding partnerships with employers in industry or sector partnerships to attract potential workers from a diverse jobseeker base1 including individuals with barriers to employment and nontraditional populations1 by identifying any such barriers through analysis of the labor market data and recruitment strategies1 and implementing strategies to help such workers overcome such barriers and increase diversity in the targeted infrastructure industries4 7c7 ,planning activities ,an eligible entity receiving a planning grant1 contract1 or cooperative agreement under this title shall use not more than #bej1jjj of such funds to carry out planning activities during the first year of the grant1 contract1 or agreement period1 which may include-- 7#a7 establishing or expanding industry or sector partnerships described in subsection 7b77#a72 7#b7 conducting outreach to local labor organizations1 employers1 industry associations1 education and training providers1 economic development organizations1 and qualified intermediaries1 as applicable2 7#c7 recruiting individuals for participation in programs assisted with funds under this title1 including individuals with barriers to employment and nontraditional populations2 7#d7 establishing or expanding paid work-based learning opportunities1 including apprenticeship programs or programs articulating to apprenticeship programs2 7#e7 establishing or implementing plans for any education and training provider receiving funding under this title to be included on the list of eligible providers of training services described in section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d772 7#f7 establishing or implementing plans for awarding academic credit or providing for academic alignment towards credit pathways for programs or programs of study assisted with funds under this title1 including academic credit for industry recognized credentials1 competency-based education1 work-based learning1 or apprenticeship programs2 7#g7 making available open1 searchable1 and comparable information on the recognized postsecondary credentials awarded under such programs1 including the related skills or competencies and related employment and earnings outcomes2 7#h7 conducting an evaluation of workforce needs in the local area2 or 7#i7 career pathway and curriculum development or expansion1 program establishment1 and acquiring equipment necessary to support activities permitted under this section4 7d7 ,employer engagement ,an eligible entity receiving funds under this title shall use the grant funds to provide services to engage employers in efforts to achieve the strategic objectives identified in the partnership's application under section #djajc7;b77#d71 such as-- 7#a7 navigating the registration process for a sponsor of an apprenticeship program2 7#b7 connecting the employer with an education and training provider1 to support the development of curriculum for work-based learning opportunities1 including the related instruction for apprenticeship programs2 7#c7 providing training to incumbent workers to serve as trainers or mentors to individuals participating in a work-based learning program funded under this title2 7#d7 subsidizing the wages and benefits for individuals participating in activities or programs funded under this title for a period of not more than #f months for employers demonstrating financial need1 including due to ,,covid-#ai2 and 7#e7 recruiting for employment or participation in programs funded under this title1 including work-based learning programs1 including-- 7,a7 individuals participating in programs under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 or the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 7,b7 recipients of assistance through the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7,c7 recipients of assistance through the program of block grants to ,states for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7,d7 individuals with a barrier to employment2 or 7,e7 nontraditional populations in the targeted infrastructure industry served by such funds4 7e7 ,participant supports ,the eligible entity receiving funds under this title shall use the grant funds to provide services to support the success of individuals participating in a program supported under this title1 which shall include-- 7#a7 in coordination with the ,state or local board-- 7,a7 training services as described in section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c772 7,b7 career services as described in section #acd7;c77#b7 of such ,act2 and 7,c7 supportive services1 such as child care and transportation2 7#b7 providing access to necessary supplies1 materials1 technological devices1 or required equipment1 attire1 and other supports necessary to participate in such programs or to start employment2 7#c7 job placement assistance1 including in paid work-based learning opportunities which may include apprenticeship programs1 or employment at the completion of a program provided by an education and training provider2 7#d7 providing career awareness activities1 such as career guidance and academic counseling2 and 7#e7 services to ensure individuals served by funds under this title maintain employment after the completion of a program funded under this title for at least #ab months1 including through the continuation of services described under paragraphs 7#a7 through 7#d7 as applicable continuation of services described under paragraphs 7#a7 through 7#d74 7f7 ,evaluation and progress reports ,not later than #a year after receiving a grant under this title1 and annually thereafter1 the eligible entity receiving the grant shall submit a report to the ,secretary and the ,governor of the ,state that the eligible entity serves1 that-- 7#a7 describes the activities funded under this title2 7#b7 evaluates the progress the eligible entity has made towards achieving the strategic objectives identified under section #djajc7;b77#d72 and 7#c7 evaluates the levels of performance achieved by the eligible entity for training participants with respect to the performance indicators under section #aaf7;b77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77 for all such workers1 disaggregated by each population specified in section #c7bd7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7bd77 and by race1 ethnicity1 sex1 and age4 7g7 ,administrative costs ,an eligible partnership may use not more than #e percent of the funds awarded through a grant1 contract1 or cooperative agreement under this title for administrative expenses in carrying out this section4 #djaje4 ,administration by the ,secretary 7a7 ,in general ,the ,secretary may use not more than #b percent of the amount appropriated under section #djajf for each fiscal year for administrative expenses to carry out this title1 including the expenses of providing the technical assistance and oversight activities under subsection 7b74 7b7 ,technical assistance2 oversight ,the ,secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this title4 #djajf4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year #bjba and each of the succeeding #d fiscal years4 #djajg4 ,special rule ,any funds made available under this title that are used to fund an apprenticeship or apprenticeship program shall only be used for1 or provided to1 an apprenticeship or apprenticeship program that meets the definition of such term in section #djaja of this title1 including any funds awarded for the purposes of grants1 contracts1 or cooperative agreements1 or the development1 implementation1 or administration1 of an apprenticeship or an apprenticeship program4 ,i ,zero-,emission ,postal ,fleet and ,other ,matters #ejjja4 ,authorization of appropriation for ,united ,states ,postal ,service for modernization of postal infrastructure ,there is authorized to be appropriated to the ,united ,states ,postal ,service for the modernization of postal infrastructure and operations1 including through capital expenditures to purchase delivery vehicles1 processing equipment1 trailers1 and other goods1 #be1jjj1jjj1jjj1 to remain available until expended4 ,of the amount authorized to be appropriated under this subsection1 #f1jjj1jjj1jjj shall be for the purchase of vehicles and #ej1jjj1jjj shall be for updating postal facilities to increase accessibility for disabled individuals1 with a focus on such facilities that are included in the ,national ,register of ,historic ,places4 ,any amount appropriated under this subsection shall be deposited into the ,postal ,service ,fund established under section #bjjc of title #ci1 ,united ,states ,code4 #ejjjb4 ,electric or zero-emission vehicles for ,united ,states ,postal ,service fleet 7a7 ,in general ,any next generation delivery vehicle purchased by the ,united ,states ,postal ,service using the funds appropriated under section #ejjja shall1 to the greatest extent practicable1 be an electric or zero-emission vehicle1 and the ,postal ,service shall ensure that at least #ge percent of the total number of vehicles purchased using such funds shall be electric or zero emission vehicles4 ,in this subsection1 the term next generation delivery vehicle means a vehicle purchased to replace a right-hand-drive1 long-life vehicle in use by the ,postal ,service4 7b7 ,medium- and heavy-,duty vehicles 7#a7 ,date of enactment and #bjcj ,between the period beginning on the date of enactment of this ,act and ending on ,december #ca1 #bjbi1 not less than #ej percent of the total number of new medium- or heavy-duty vehicles purchased by the ,postal ,service during such period shall be electric or zero-emission vehicles4 7#b7 ,after #bjci ,beginning on ,january #a1 #bjdj1 the ,postal ,service may not purchase any new medium or heavy-duty vehicle that is not an electric or zero-emission vehicle4 7c7 ,compliance ,in carrying out subsections 7a7 and 7b71 the ,postal ,service shall comply with chapter #hc of title #da1 ,united ,states ,code 7popularly known as the ,buy ,american ,act7 and any applicable ,federal labor or civil rights laws4 7d7 ,charging stations 7#a7 ,in general ,not later than ,january #a1 #bjbf1 the ,postal ,service shall provide1 at each postal facility accessible to the public1 not less than one electric vehicle charging station for use by the public or officers and employees of the ,postal ,service4 7#b7 ,fleet operation ,the ,postal ,service shall ensure that adequate charging stations are available at ,postal ,service facilities to keep the ,postal ,service fleet operational4 7e7 ,plan and update ,not later than #ahj days after the date of enactment of this ,act1 the ,postmaster ,general shall submit a plan to carry out this section to the ,committee on ,oversight and ,reform of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 ,the ,postmaster ,general shall submit an update and progress report on implementing such plan to such committees not less than once every #b years beginning on the date the plan is submitted under the previous sentence and ending on the day that is #f years after such date4 7f7 ,contingent on appropriation ,the requirements of subsections 7a7 through 7e7 of this section shall not apply unless the funds authorized for vehicles under section #ejjja are appropriated4 7g7 ,sense of ,congress ,it is the sense of ,congress that1 as the ,postal ,service replaces or upgrades its fleet of delivery vehicles1 the ,postal ,service should take all reasonable steps to ensure that its vehicles are equipped with climate control units to protect the health and safety of its mail carriers1 especially those working in areas of the country that are subject to extreme temperatures4 #ejjjc4 ,clarification of authority of ,district of ,columbia to carry out ,long ,bridge project 7a7 ,clarification of authority ,section #bdd of the ,revised ,statutes of the ,united ,states relating to the ,district of ,columbia 7sec4 #i-abja4jc1 ,d4,c4 ,official ,code7 does not apply with respect to any railroads installed pursuant to the ,long ,bridge ,project4 7b7 ,long ,bridge ,project defined ,in this section1 the term ,long ,bridge ,project means the project carried out by the ,district of ,columbia and the ,commonwealth of ,virginia to construct a new ,long ,bridge adjacent to the existing ,long ,bridge over the ,potomac ,river1 including related infrastructure and other related projects1 to expand commuter and regional passenger rail service and to provide bike and pedestrian access crossings over the ,potomac ,river4 ,j ,committee on ,financial ,services #fjjja4 ,short title ,this division may be cited as the ,housing is ,infrastructure ,act of #bjbj4 #fjjjb4 ,findings ,the ,congress finds the following3 7#a7 ,residential segregation and systemic community disinvestment continue to disproportionately affect the well-being and socioeconomic opportunity of children1 low-income residents1 and people of color4 7#b7 ,affordable and accessible housing allows people with disabilities to live independent lives and supports aging in place1 yet less than #b percent of the housing stock in the ,united ,states is accessible for individuals with disabilities4 7#c7 ,affordable housing is a critical part of the national infrastructure of the ,united ,states but there is a severe shortage of affordable housing in the ,united ,states and the existing stock is badly in need of repair4 7#d7 ,according to a #bjaj study sponsored by the ,department of ,housing and ,urban ,development1 there was a #bf billion backlog of capital needs for public housing2 that figure is likely higher today1 with some groups estimating the backlog of capital needs for public housing to be as high as #gj billion4 7#e7 ,there are #ad1jjj units supported by ,rural ,rental ,housing ,loans under section #eae of the ,housing ,act of #aidi and ,farm ,labor ,housing ,loans under section #ead of the ,housing ,act of #aidi4 ,according to ,national ,rural ,housing ,coalition1 it would take an estimated #a billion in the ,multi-,family ,housing ,revitalization ,demonstration ,program 7,,mpr7 funding to fully address the capital backlog for rural housing properties4 7#f7 ,federal investment in housing helps to create jobs and stimulate the economy4 7#g7 ,when the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e7 was enacted1 which included funding for public housing1 researchers found that for each #a4jj in direct spending on public housing1 there was an additional #b4ab of indirect and induced economic activity nationwide for a total economic impact of #c4ab for each #a4jj in direct spending on public housing4 7#h7 ,according to the ,national ,association of ,home ,builders1 building #ajj affordable rental homes generates #aa4g million in local income1 #b1bjj1jjj in taxes and revenue for local governments1 and #afa local jobs4 7#i7 ,researchers estimate that the growth in the gross domestic product from #aifd-bjji would have been #ac4e percent higher if families had better access to affordable housing1 which in turn could have led to an additional #a4g trillion increase in income1 equivalent to #h1gge in additional wages for each worker4 #fjjjc4 ,public ,housing ,capital ,fund 7a7 ,in general ,there is authorized to be appropriated for the ,capital ,fund under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d77 #gj1jjj1jjj1jjj and any amounts appropriated pursuant to this subsection shall remain available until the expiration of the #g-year period beginning upon the date of such appropriation4 7b7 ,requirements ,the ,secretary of ,housing and ,urban ,development 7in this division referred to as the ,secretary7 shall-- 7#a7 distribute not less than #ej percent of any amounts appropriated pursuant to subsection 7a7 under the same formula used for amounts made available for the ,capital ,fund for fiscal year #bjbj2 and 7#b7 make available all remaining amounts by competition for priority investments1 which shall not exclude public housing agencies working in good faith to resolve urgent health and safety concerns based on written notification of violations from the ,department of ,environmental ,protection1 ,department of ,justice1 or ,department of ,housing and ,urban ,development4 7c7 ,timing ,the ,secretary shall obligate amounts-- 7#a7 made available under subsection 7b77#a7 within #cj days of enactment of the ,act appropriating such funds2 and 7#b7 made available under subsection 7b77#b7 within #ab months of enactment of the ,act appropriating such funds4 7d7 ,limitation ,amounts provided pursuant to this section may not be used for operating costs or rental assistance4 7e7 ,use of funds ,not more than #j4e percent of any amount appropriated pursuant to this section shall be used by the ,secretary for costs associated with staff1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation4 7f7 ,supplement not supplant ,the ,secretary shall ensure that amounts provided pursuant to this section shall serve to supplement and not supplant other amounts generated by a recipient of such amounts or amounts provided by other ,federal1 ,state1 or local sources4 7g7 ,water and energy efficiency ,in distributing any amounts pursuant to subsection 7b71 the ,secretary shall give priority to public housing agencies located in ,states and localities that have a plan to increase water and energy efficiency when developing or rehabilitating public housing using any amounts distributed4 #fjjjd4 ,rural ,multifamily ,preservation and ,revitalization ,demonstration ,program 7a7 ,in general ,there is authorized to be appropriated for carrying out the ,multifamily ,preservation and ,revitalization ,demonstration program of the ,rural ,housing ,service 7as authorized under sections #ead1 #eae1 and #eaf of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd1 #adhe1 and #adhf77 #a1jjj1jjj1jjj and any amounts appropriated pursuant to this section shall remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary of ,agriculture1 other strategies to enhance the environmental sustainability of housing production and design4 #fjjje4 ,flood ,mitigation ,assistance ,grant ,program 7a7 ,in general ,there is authorized to be appropriated for carrying out the ,flood ,mitigation ,assistance ,grant ,program under section #acff of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c7 #a1jjj1jjj1jjj and any amounts appropriated pursuant to this section shall remain available until expended4 7b7 ,multifamily residences and attached and semi-,attached homes ,with regard to any structure that is a multifamily residence or an attached or semi-attached residence1 the ,administrator of the ,federal ,emergency ,management ,agency shall consult with the ,secretary of ,housing and ,urban ,development and establish alternative forms of mitigation4 7c7 ,definitions ,for the purposes of this section1 the term multifamily residence has the same meaning as in the ,flood ,disaster ,protection ,act of #aigc and the ,national ,flood ,insurance ,act of #aifh4 7d7 ,standards 7#a7 ,in general ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration or repair work carried out1 in whole or in part1 with assistance made available through 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this paragraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#b7 ,exception based on number of units ,paragraph 7#a7 shall not apply to single-family homes or residential properties of less than #e units4 7#c7 ,exception for certain individuals ,paragraph 7#a7 shall not apply to any individual that-- 7,a7 performs services for which the individual volunteered2 7,b7 does not receive compensation for such services or is paid expenses1 reasonable benefits1 or a nominal fee for such services2 and 7,c7 is not otherwise employed at any time in the construction work4 #fjjjf4 ,housing ,trust ,fund 7a7 ,in general ,there is authorized to be appropriated for the ,housing ,trust ,fund under section #acch of the ,housing and ,urban ,development ,act of #aiib 7#ab ,u4,s4,c4 #defh7 #e1jjj1jjj1jjj and any amounts appropriated pursuant to this subsection shall remain available until expended4 ,the ,secretary shall ensure that priority for occupancy in dwelling units assisted with amounts made available pursuant to this section that become available for occupancy shall be given to persons and households who are homeless 7as such term is defined in section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb77 or at risk of homelessness 7as such term is defined in section #dja of such ,act 7#db ,u4,s4,c4 #aacfj774 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the ,secretary's discretion1 other strategies to enhance the environmental sustainability of housing production and design4 7c7 ,applicability of ,davis-,bacon ,act 7#a7 ,in general ,all laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with amounts made available pursuant to 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 accordance with the ,davis-,bacon ,act1 as amended 7#dj ,u4,s4,c4 #bgf;a through #bgf;a-#e74 ,the preceding sentence shall apply to the rehabilitation of residential property only if such property contains not less than #ab units4 ,the ,secretary of ,labor shall have1 with respect to such labor standards1 the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#ae ,fed4 ,reg4 #cagf2 #fd ,stat4 #abfg7 and section #b of the ,act of ,june #ac1 #aicd1 as amended 7#dh ,stat4 #idh2 #dj ,u4,s4,c4 #bgf7;c774 7#b7 ,exception ,paragraph 7#a7 shall not apply to any individual that-- 7,a7 performs services for which the individual volunteered2 7,b7 does not receive compensation for such services or is paid expenses1 reasonable benefits1 or a nominal fee for such services2 and 7,c7 is not otherwise employed at any time in the construction work4 #fjjjg4 ,single-,family ,housing ,repair ,loans and ,grants 7a7 ,in general ,there is authorized to be appropriated for carrying out single family housing repair loans and grants under section #ejd of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgd7 #ajj1jjj1jjj and any amounts appropriated pursuant to this section shall remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary of ,agriculture1 other strategies to enhance the environmental sustainability of housing production and design4 #fjjjh4 ,native ,american ,housing ,block ,grant ,program 7a7 ,in general ,there is authorized to be appropriated for carrying out the ,native ,american housing block grant program under title ,i of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daaa et seq47 #a1jjj1jjj1jjj and any amounts appropriated pursuant to this section shall remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the ,secretary's discretion1 other strategies to enhance the environmental sustainability of housing production and design4 #fjjji4 ,,home ,investment ,partnerships ,program 7a7 ,in general ,there is authorized to be appropriated for carrying out the ,,home ,investment ,partnership ,program under title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgba et seq47 #e1jjj1jjj1jjj and any amounts appropriated pursuant to this section shall remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the ,secretary's discretion1 other strategies to enhance the environmental sustainability of housing production and design4 #fjjaj4 ,program for supportive housing for persons with disabilities 7a7 ,in general ,there is authorized to be appropriated #b1ejj1jjj1jjj for project rental assistance under the program for supportive housing for persons with disabilities under section #haa7;b77#c7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;b77#c77 for ,state housing finance agencies and any amounts appropriated pursuant to this section shall remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the ,secretary's discretion1 other strategies to enhance the environmental sustainability of housing production and design4 #fjjaa4 ,program for supportive housing for the elderly 7a7 ,in general ,there is authorized to be appropriated #b1ejj1jjj1jjj for-- 7#a7 capital advances pursuant to section #bjb7;c77#a7 of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq7c77#a771 including amendments to capital advance contracts for housing for the elderly as authorized by section #bjb of such ,act2 7#b7 project rental assistance for the elderly under section #bjb7;c77#b7 of such ,act1 including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a #a-year term2 7#c7 senior preservation rental assistance contracts1 including renewals1 as authorized by section #haa7;e7 of the ,american ,housing and ,economic ,opportunity ,act of #bjjj 7#ab ,u4,s4,c4 #agja;g note72 and 7#d7 supportive services associated with housing assisted under paragraph 7#a71 7#b71 or 7#c74 7b7 ,availability of amounts ,any amounts appropriated pursuant to this section shall remain available until ,september #cj1 #bjbc4 7c7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the ,secretary's discretion1 other strategies to enhance the environmental sustainability of housing production and design4 #fjjab4 ,capital ,magnet ,fund 7a7 ,there is authorized to be appropriated for the ,capital ,magnet ,fund under section #acci of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defi7 #b1ejj1jjj1jjj and any amounts appropriated pursuant to this subsection shall remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary of the ,treasury1 other strategies to enhance the environmental sustainability of housing production and design4 7c7 ,applicability of ,davis-,bacon ,act 7#a7 ,in general ,all laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with amounts made available pursuant to 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 accordance with the ,davis-,bacon ,act1 as amended 7#dj ,u4,s4,c4 #bgf;a through #bgf;a-#e74 ,the preceding sentence shall apply to the rehabilitation of residential property only if such property contains not less than #ab units4 ,the ,secretary of ,labor shall have1 with respect to such labor standards1 the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#ae ,fed4 ,reg4 #cagf2 #fd ,stat4 #abfg7 and section #b of the ,act of ,june #ac1 #aicd1 as amended 7#dh ,stat4 #idh2 #dj ,u4,s4,c4 #bgf7;c774 7#b7 ,exception ,paragraph 7#a7 shall not apply to any individual that-- 7,a7 performs services for which the individual volunteered2 7,b7 does not receive compensation for such services or is paid expenses1 reasonable benefits1 or a nominal fee for such services2 and 7,c7 is not otherwise employed at any time in the construction work4 #fjjac4 ,community development block grant funding for affordable housing and infrastructure 7a7 ,authorization of appropriations 7#a7 ,in general ,subject to the provisions of this section1 there is authorized to be appropriated for assistance under the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 #aj1jjj1jjj1jjj and any amounts appropriated pursuant to this section shall remain available until expended4 7#b7 ,administrative and planning costs ,not more than #ae percent of any amounts appropriated pursuant to paragraph 7#a7 may be used for administrative and planning costs4 7b7 ,eligible activities ,amounts made available for assistance under this section may be used only for-- 7#a7 the development and preservation of qualified affordable housing1 including the construction of such housing2 7#b7 the responsible elimination or waiving of zoning requirements and other requirements that limit affordable housing development1 including high density and multifamily development restrictions1 off-street parking requirements1 and height limitations2 7#c7 activities designed to preserve existing housing by remediation of iron sulfide or other minerals causing housing degredation2 or 7#d7 any project or entity eligible for a discretionary grant provided by the ,department of ,transportation4 7c7 ,limitation ,with respect to amounts used pursuant to subsection 7b77#b71 the ,secretary shall ensure that recipients of amounts provided pursuant to this section are not incentivized or otherwise rewarded for eliminating or undermining the intent of the zoning regulations or other regulations or policies that-- 7#a7 establish fair wages for labors2 7#b7 ensure the health and safety of buildings for residents and the general public2 7#c7 protect fair housing2 7#d7 provide environmental protections2 7#e7 prevent tenant displacement2 or 7#f7 protect any other interest that the ,secretary determines is in the public interest to preserve4 7d7 ,competition ,amounts made available for assistance under this section shall be awarded to ,states1 units of general local government1 and ,indian tribes on a competitive basis1 based on the extent to which the applicant-- 7#a7 demonstrates that the applicant is responsibly streamlining the process for development of qualified affordable housing2 7#b7 is eliminating or reducing impact fees for housing within boundaries of the ,state1 unit of local government1 or ,indian tribe1 as applicable1 and other assessments by ,state or local governments upon the owners of new housing development projects that offset governmental capital expenditures for infrastructure required to serve or made necessary by the new housing developments1 except for fees that are invested exclusively for housing2 and 7#c7 provides assurances that the applicant will supplement assistance provided under this section with amounts from non-,federal sources for costs of the qualified affordable housing or infrastructure eligible under subsection 7b7 to be funded with assistance under this section1 and the extent of such supplemental assistance to be provided4 7e7 ,water and energy efficiency ,not less than #aj percent of all amounts made available for assistance pursuant to this section shall be used only for eligible activities relating to water and energy efficiency and1 at the ,secretary's discretion1 other strategies to enhance the environmental sustainability of housing production and design4 7f7 ,qualified affordable housing ,for purposes of this section1 the term qualified affordable housing means a housing development that-- 7#a7 is either-- 7,a7 funded in any part by assistance provided by the ,department of ,housing and ,urban ,development or the ,rural ,housing ,service of the ,department of ,agriculture2 or 7,b7 includes a qualified low income building as such term is defined in section #db of the ,internal ,revenue ,code of #aihf2 or 7#b7 consists of five or more dwelling units of which #bj percent or more are made available-- 7,a7 for rental only by a low-income family 7as defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b7772 7,b7 at a monthly rent amount that does not exceed #cj percent of the monthly adjusted income 7as defined in such section #c7;b77 of the tenant low-income family2 and 7,c7 maintains affordability for residents who are low-income families for a period of not less than #cj years4 #fjjad4 ,inclusion of minority and women's business enterprises 7a7 ,duty ,it shall be the duty of each relevant agency head-- 7#a7 to consult and cooperate with grantees and recipients1 when utilizing funds made available pursuant to this division1 to promote the inclusion of minority and women's business enterprises1 as defined in subsection 7b7 including to establish-- 7,a7 special consideration to increasing grantee and recipient outreach to minority and women's business enterprises to inform such businesses of hiring opportunities created through such funds2 and 7,b7 procurement goals for the utilization of minority and women's business enterprises2 and 7#b7 to convene meetings with leaders and officials of ,state and local governments1 tribal entities1 and public housing authorities for the purpose of recommending and promoting funding opportunities and initiatives needed to advance the position of minority and women's business enterprises when competing for funds provided in this division4 7b7 ,definitions ,for the purposes of this section1 the following definitions shall apply3 7#a7 ,minority ,the term minority has the meaning given such term in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note7 and also includes any indigenous person in the ,united ,states or its territories4 7#b7 ,minority and women's business enterprise ,the term minority and women's business enterprise means a business at least #ea percent owned and controlled by minority group members or women4 7#c7 ,relevant agency head ,the term relevant agency head means1 with respect to funds made available pursuant to any section of this division1 the head of the ,federal agency responsible for administering the program under which such funds are to be expended4 #fjjae4 ,reports on outcomes ,the ,secretary of ,housing and ,urban ,development1 in coordination with the ,secretary of the ,treasury1 the ,administrator of the ,federal ,emergency ,management ,agency1 and the ,secretary of ,agriculture shall submit a report to the ,congress on an annual basis until all funds made available pursuant to this ,act 7but not including funds made available pursuant to section #fjjji7 are expended1 that provides a summary of outcomes for each program for which such funds were made available 7but not including funds made available pursuant to section #fjjji71 disaggregated at the census tract level1 or block group level when available1 that shall include1 to the maximum extent possible1 identification for the preceding year of-- 7#a7 the total number of housing units produced1 rehabilitated1 or mitigated using such funds2 7#b7 the percentage of such housing units that are affordable to low-1 to very low-1 and to extremely low-income households2 7#c7 the number of such housing units that are located in high-poverty census tracts2 7#d7 the number of such housing units that are located in low-poverty census tracts2 7#e7 the number of such housing units located in areas where the percentage of households in a racial or ethnic minority group-- 7,a7 is at least #bj percentage points higher than the percentage of that minority group for the ,metropolitan ,statistical ,area2 7,b7 is at least #bj percentage points higher than the percentage of all minorities for the ,metropolitan ,statistical ,area2 or 7,c7 exceeds #ej percent of the population2 7#f7 the number of such housing units with three or more bedrooms2 7#g7 the number of such housing units located in qualified opportunity zones designated pursuant to section #adjj,z-#a of the ,internal ,revenue ,code of #aihf2 7#h7 the number of such housing units that are in compliance with the design and construction requirements of the ,department of ,housing and ,urban ,development under section #ajj4bje of title #bd of the ,code of ,federal ,regulations2 and 7#i7 any other information that the ,secretary of ,housing and ,urban ,development considers appropriate to illustrate the number of housing units made available and accessible to protected classes under the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq471 disaggregated by protected class4 #fjjaf4 ,,gao study of flood disaster assistance inequities 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study on the accessibility of the ,federal ,emergency ,management ,agency's ,public ,assistance1 ,individual ,assistance1 and other relevant flood disaster assistance programs and shall identify barriers to access based on race1 ethnicity1 language1 and income level4 ,the study shall identify inequities in-- 7#a7 the ,agency's core mission of response2 7#b7 the ,agency's core mission of recovery2 and 7#c7 the ,agency's implementation of the ,public ,assistance and ,individual ,assistance programs4 7b7 ,report ,not later than the expiration of the #a-year period beginning on the date of the enactment of this ,act1 the ,comptroller ,general shall submit a report to the ,congress setting forth the results and conclusions of the study under subsection 7a74 #fjjag4 ,grant program for manufactured housing preservation 7a7 ,authority ,the ,secretary of ,housing and ,urban ,development shall establish a grant program under this section and1 to the extent amounts are made available pursuant to subsection 7j71 make grants under such program to eligible entities under subsection 7b7 for acquiring and preserving manufactured housing communities4 7b7 ,eligible entities ,a grant under this section may be made only to entities that meet such requirements as the ,secretary shall establish to ensure that any entity receiving a grant has the capacity to acquire and preserve housing affordability in such communities1 including-- 7#a7 a nonprofit organization1 including land trusts2 7#b7 a public housing agency or other ,state or local government agency2 7#c7 an ,indian tribe 7as such term is defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc77 or an agency of an ,indian tribe2 7#d7 a resident organization in which homeowners are members and have open and equal access to membership2 or 7#e7 such other entities as the ,secretary determines will maintain housing affordability in manufactured housing communities4 7c7 ,use of grant amounts ,amounts from a grant under this section may be used only for-- 7#a7 the acquisition and preservation of manufactured housing communities2 7#b7 such acquisition and preservation1 together with costs for making improvements to common areas and community property for acquired manufactured housing communities2 or 7#c7 the demolition1 removal1 and replacement of dilapidated homes from a manufactured housing community4 7d7 ,preservation2 affordability2 ownership ,a grant under this section may be made only if the ,secretary determines that the grantee will enter into such binding agreements as the ,secretary considers sufficient to ensure that-- 7#a7 the manufactured housing community acquired using such grant amounts-- 7,a7 will be maintained as a manufactured housing community for a period that begins upon the making of such grant and has a duration not shorter than #bj years2 7,b7 will be managed in a manner that benefits the residents and maintains their quality of life for a period not shorter than #bj years2 7,c7 will1 for a period not shorter than #bj years1 be subject to limitations on annual increases in rents for lots for manufactured homes in such community either through resident control over increases or1 if owned by a party other than the residents1 as the ,secretary considers appropriate to ensure continued affordability and maintenance of the property1 but not in any case annually to exceed the percentage that is equal to the percentage increase for the immediately preceding year in the ,consumer ,price ,index for ,all ,urban ,consumers 7,,cpi-,u7 plus #g percent1 and such rents will comply with any applicable ,state laws2 7,d7 will be owned by an entity described in subsection 7b7 for a period not shorter than #bj years2 and 7,e7 has not been the primary beneficiary of a grant under this section during the preceding #e years2 and 7#b7 if in the determination of the ,secretary the provisions of the agreement have not been met1 the grant shall be repaid4 7e7 ,amount ,the amount of any grant under this section may not exceed the lesser of-- 7#a7 #a1jjj1jjj2 or 7#b7 the amount that is equal to #bj1jjj multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made4 7f7 ,matching funds ,the ,secretary shall require a grantee of grant under this section to provide non-,federal matching funds for use only for the same purposes for which the grant is used in an amount equal or exceeding the amount of the grant provided to the grantee4 ,such non-,federal matching funds may be provided by ,state1 tribal1 local1 or private resources and may be a grant or loan1 in cash or in-kind4 7g7 ,applications2 selection 7#a7 ,applications ,the ,secretary shall provide for eligible entities under subsection 7b7 to apply for grants under this section1 and shall require such applications to contain such assurances as the ,secretary may require regarding the availability of matching funds sufficient to comply with subsection 7f7 and any organizational documents regarding the manufactured housing community for which the grant is made1 as may be required by the ,state in which such community is located4 ,the ,secretary shall accept applications on a rolling basis and approve or deny each application within #bj business days of receipt in order to facilitate market-based transactions by an applicant4 7#b7 ,selection ,the ,secretary shall establish criteria for selection of applicants to receive grants under this section1 which criteria shall-- 7,a7 give priority to grantees who would use such grant amounts to carry out activities under subsection 7c7 within areas having a high concentration of low-1 very low-1 or extremely low-income families 7as such terms are defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b772 7,b7 give priority to grants for the benefit of communities that have not received a grant under this section during the preceding #aj years2 and 7,c7 ensure that not more than #dj percent of grant funds for any fiscal year are awarded to entities identified in subsection 7b77#e74 7h7 ,reports 7#a7 ,in general ,the ,secretary shall submit a report annually regarding the grant program under this section to ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and shall make each such report publicly available on the website of the ,department of ,housing and ,urban ,development4 ,the first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph 7d77#a77;,a74 7#b7 ,contents ,each such report shall include1 for the fiscal year covered by the report-- 7,a7 a description of the grants made under the program1 including identification of what type of eligible entity under subsection 7b7 each grantee is2 7,b7 for each manufactured home community for which a grant under this section is made1 identification of-- 7i7 the number of manufactured home units in the community at the time of the grant2 7ii7 the lot rents in the community at such time2 and 7iii7 if a manufactured home community was purchased using grant amounts1 the purchase price of the community2 7,c7 summary information identifying the total applications received for grants under this section and total grant funding sought1 disaggregated by the types of eligible entities under subsection 7b7 of the applicants2 and 7,d7 an analysis of the effectiveness of the program1 including identification of changes to the number of units and lot rents in communities for which a grant was made1 any significant upgrades made to the communities1 demographic changes in communities1 and1 if any community is sold during the period covered under subsection 7d71 the sale price of the community4 7i7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,manufactured home ,the term manufactured home means a structure1 transportable in one or more sections1 that-- 7,a7 in the traveling mode1 is #h body feet or more in width and #dj body feet or more in length1 or when erected on site is #cbj square feet or more2 7,b7 is built on a permanent chassis and designed to be used as a dwelling 7with or without a permanent foundation when connected to required utilities7 and includes plumbing1 heating1 air conditioning1 and electrical systems2 and 7,c7 in the case of a structure manufactured after ,june #ae1 #aigf1 is certified as meeting the ,manufactured ,home ,construction and ,safety ,standards issued under the ,national ,manufactured ,housing ,construction and ,safety ,standards ,act of #aigd 7#db ,u4,s4,c4 #edja et seq47 by the ,department of ,housing and ,urban ,development and displays a label of such certification on the exterior of each transportable section4 ,such term shall not include any self-propelled recreational vehicle4 7#b7 ,manufactured housing community ,the term manufactured housing community means a community comprised primarily of manufactured homes used primarily for residential purposes4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7j7 ,authorization of appropriations ,there is authorized to be appropriated for grants under this section #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe1 of which not more than #e percent may be used for administration and oversight4 7k7 ,regulations ,the ,secretary shall issue any regulations necessary to carry out this section4 #fjjah4 ,lead abatement for families 7a7 ,identification of lead water service lines 7#a7 ,review ,the ,secretary of ,housing and ,urban ,development1 in consultation with public housing agencies1 owners of other federally assisted housing1 and the ,administrator of the ,environmental ,protection ,administration shall1 not later than the expiration of the #bd-month period beginning upon the date of the enactment of this ,act1 undertake and complete a review of all public housing projects and all other federally assisted housing projects to identify any such projects for which the source of potable water is a lead-based water service pipe or pipes4 7#b7 ,report ,upon completion of the review required under paragraph 7#a71 the ,secretary shall submit a report to the ,congress setting forth the results of the review and identifying any projects for which the source of potable water is a lead-based water service pipe or pipes4 7b7 ,grant authority 7#a7 ,in general ,the ,secretary may make grants to public housing agencies and owners of other federally assisted housing to cover the eligible costs of removing and replacing lead-based water service pipes for housing projects identified pursuant to the review under subsection 7a74 7#b7 ,eligible costs ,amounts from a grant under this subsection may be used only for costs of removing and replacing a lead-based water service pipe for a housing project4 7#c7 ,assurances ,the ,secretary shall require each public housing agency and owner of other federally assisted housing receiving a grant under this subsection for a housing project to make such assurances and enter into such agreements as the ,secretary considers necessary to ensure that-- 7,a7 the lead-based water service pipes for the project that will be removed and replaced using such grant amounts are identified2 and 7,b7 all work to remove and replace such pipes is completed before the expiration of the #bd-month period beginning upon the initial availability to the agency or owner of such grant amounts4 7#d7 ,limitation on amounts ,the amount of grant under this subsection with respect to a housing project may not exceed the estimate of the ,secretary of the full cost or removing and replacing the lead-based water service pipes for the project identified pursuant to paragraph 7#c77;,a74 7c7 ,final report ,upon the expiration of the #f-year period beginning on the date of the enactment of this ,act1 the ,secretary shall submit to the ,congress a report identifying the housing projects for which lead -based water service pipes were removed and replaced using grants under subsection 7b7 and analyzing the effectiveness of the program for such grants4 7d7 ,definitions ,for purposes of this sectionn1 the following definitions shall apply3 7#a7 ,housing project ,the term housing project means a public housing project or a project that is other federally assisted housing4 7#b7 ,other federally assisted housing ,the term other federally assisted housing has the meaning given the term federally assisted housing in section #fhc of the ,housing and ,community ,development ,act of #aiib 7#db ,u4,s4,c4 #acfda71 except that such term does not include any public housing project described in paragraph 7#b77;,a7 of such section4 7#c7 ,lead-based water service pipe ,the term lead-based water service pipe means1 with respect to a housing project1 a pipe or other conduit that-- 7,a7 is used to supply potable water for the housing project from outside the project2 and 7,b7 does not satisfy the definition of 8lead-free0 established under section #adag of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#f74 7#d7 ,public housing ,the term public housing has the meaning given such term in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7e7 ,regulations ,the ,secretary1 after consultation with the ,administrator of the ,environmental ,protection ,administration1 may issue any regulations necessary to carry out this section4 7f7 ,authorization of appropriations ,there is authorized to be appropriated for grants under subsection 7b7-- 7#a7 #ij1jjj1jjj for fiscal year #bjba2 7#b7 #hj1jjj1jjj for fiscal year #bjbb2 and 7#c7 #hj1jjj1jjj for fiscal year #bjbc4 #fjjai4 ,comptroller ,general report on high-speed internet connectivity in ,federally-assisted housing 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on broadband service in ,federally-assisted housing4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 an analysis of ,federally-assisted housing units that have access to broadband service and the number of such units that do not have access to broadband service1 disaggregated by ,state1 county1 and congressional district1 that includes geographic information and any ,federal agency responsible for such units2 7#b7 an analysis of which such units are not currently capable of supporting broadband service deployment and would require retrofitting to support broadband service deployment1 disaggregated by ,state1 county1 and congressional district1 that includes geographic information and any ,federal agency responsible for such units2 7#c7 an analysis of the estimated costs and timeframe necessary for retrofitting buildings to achieve #ajj percent access to broadband service2 7#d7 an analysis of the challenges to more widespread deployment of broadband service1 including the comparative markets dynamics to expansion in rural areas and low-income urban areas1 and the challenges to pursuing retrofits to achieve #ajj percent access to broadband service2 7#e7 descriptions of lessons learned from previous retrofitting actions2 7#f7 an evaluation of the ,connect,home pilot program of the ,secretary of ,housing and ,urban ,development2 and 7#g7 recommendations for ,congress for achieving #ajj percent access to broadband service in ,federally-assisted housing4 7c7 ,definitions ,in this section3 7#a7 ,broadband service ,the term broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,federally-assisted housing ,in this section1 the term ,federally-assisted housing means any single-family or multifamily housing that is assisted under a program administered by the ,secretary of ,housing and ,urban ,development or the ,secretary of ,agriculture4 #fjjbj4 ,master plan for broadband connectivity in ,federally-assisted housing 7a7 ,in general ,the ,secretary of ,housing and ,urban ,development1 in consultation with other relevant heads of ,federal agencies1 shall develop a master plan for achieving retrofitting ,federally-assisted housing to support broadband service4 ,the ,secretary shall submit such plan to ,congress not later than #ah months after the date of the enactment of this ,act4 7b7 ,definitions ,in this section1 the terms broadband service and ,federally-assisted housing have the meanings given in section #fjjai4 #fjjba4 ,united ,states ,interagency ,council on ,homelessness 7a7 ,repeal of termination ,title ,,ii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacaa et seq47 is amended-- 7#a7 by striking section #bji 7#db ,u4,s4,c4 #aacai72 and 7#b7 by redesignating sections #bjg and #bjh 7#db ,u4,s4,c4 #aacag1 #aacah7 as sections #bjh and #bji1 respectively4 7b7 ,functions ,section #bjc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacac7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ab71 by striking and at the end2 7,b7 in paragraph 7#ac71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 7#ad7 rely on evidence-based practices2 7#ae7 identify and promote successful practices1 including the ,housing ,first strategy and the permanent supportive housing model2 and 7#af7 prioritize addressing disparities faced by members of a population at higher risk of homelessness1 including by issuing reports and making recommendations to agencies4 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting and after the semicolon2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#c7 make formal reports and recommendations to ,federal agencies1 which shall include comments on how proposed regulatory changes would impact persons experiencing homelessness1 housing instability1 or who are cost-burdened4 4 7c7 ,advisory board 7#a7 ,in general ,title ,,ii of the ,mc,kinney-,vento ,homeless ,assistance ,act is amended by inserting after section #bjf 7#db ,u4,s4,c4 #aacaf7 the following new section3 #bjg4 ,advisory board 7a7 ,establishment ,there is established an advisory board for the ,council4 7b7 ,membership 7#a7 ,composition ,the advisory board shall be composed of not less than #bj individuals1 selected in accordance with paragraph 7#c7 from nominees proposed pursuant to paragraph 7#b71 as follows3 7,a7 ,not less than #aj members shall be individuals who are homeless or experiencing housing instability1 or were so during the #e calendar years preceding appointment to the advisory board or who have been so in the last #e calendar years4 7,b7 ,not less than eight members shall be individuals who are members of1 or advocate on behalf of1 or both1 a population at higher risk of homelessness1 including such transgender and gender non-conforming persons1 ,asian1 ,black1 ,latino1 ,native ,american1 ,native ,hawaiian1 ,pacific ,islander1 and other communities of color1 youth in or formerly in the foster care system1 and justice-system involved youth and adults4 7#b7 ,nomination ,nominees for members of the advisory board shall be proposed by any grantee or subgrantee under this ,act4 7#c7 ,selection ,advisory ,board members shall be selected as follows3 7,a7 ,at least five members shall be selected by the majority party members of the ,committee on ,financial ,services of the ,house of ,representatives and five members shall be selected by the minority party members of such committee4 7,b7 ,at least five members shall be selected by the majority party members of the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and five members shall be selected by the minority party members of such committee4 7#d7 ,terms ,members of the advisory board shall serve terms of #b years4 7c7 ,functions ,the advisory board shall review the work of the ,council1 make recommendations regarding how the ,council can most effectively pursue the goal of ending homelessness1 and raise specific points of concern with members of the ,council who represent ,federal agencies4 7d7 ,meetings ,the advisory board shall meet not less often than twice each year4 7e7 ,council meetings ,the ,council shall meet regularly and not less often than once a year with the advisory board and shall provide timely written responses to recommendations1 proposals1 and concerns issued by the advisory board4 7f7 ,chairman ,the position of ,chairman of the advisory board shall be filled by an individual who is a current or former member of the advisory board1 is nominated by at least two members of the advisory board1 and is confirmed by a vote of not less than #ge percent of the members of the advisory board4 7g7 ,compensation ,any amounts made available for administrative costs of the ,council may be used for costs of travel or online access to meetings for participation by members of the advisory board in board meetings1 and for per diem compensation to advisory board members for board meetings4 7h7 ,rule of construction ,the agencies implementing this ,act shall construe this ,act in a manner that facilitates and encourage the full participation of advisory board members and shall consider the barriers faced by persons experiencing homelessness and shall endeavor to overcome such barriers to participation4 4 7#b7 ,representation of chairman on council ,section #bjb7;a7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacab7;a77 is amended-- 7,a7 by redesignating paragraph 7#bb7 as paragraph 7#ba72 and 7,b7 by adding at the end the following new paragraph3 7#bb7 ,the chairman of the advisory board established by section #bjg4 4 7d7 ,director ,subsection 7a7 of section #bjd of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacad7;a77 is amended-- 7#a7 by striking 7a7 ,director4--,the ,council shall appoint an ,executive ,director1 who shall be and inserting the following3 7a7 ,director 7#a7 ,in general ,the chief executive officer of the ,council shall be the ,executive ,director1 who shall be appointed in accordance with paragraph 7#b7 and 2 and 7#b7 by adding at the end the following new paragraph3 7#a7 ,process for appointment ,a vacancy in the position of ,executive ,director shall be filled by an individual nominated and appointed to such position by the ,council1 except that the ,council may not appoint any nominee who is not confirmed by approval of #ge percent of the aggregate of all members of the ,council and the advisory board under section #bjg pursuant to an election in which each such member's vote is given identical weight4 ,if the ,council is unable to agree on an ,executive ,director1 the chairperson of the advisory council shall act as interim ,executive ,director4 4 7e7 ,definitions ,section #bjg of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacag7 is amended by adding at the end the following new paragraphs3 7#c7 ,the term ,housing ,first means1 with respect to addressing homelessness1 an approach to quickly and successfully connect individuals and families experiencing homelessness to permanent and affordable housing opportunities and appropriate services without preconditions and low or no barriers to entry1 including barriers relating to sobriety1 treatment1 work requirements1 and service participation requirements4 7#d7 ,the term permanent supportive housing means housing that provides-- 7,a7 indefinite leasing or rental assistance2 and 7,b7 non-mandatory1 culturally competent supportive services to assist persons to achieve housing stability and maintain their health and well-being4 7#e7 7,a7 ,the term population at higher risk of homelessness means a group of persons that is defined by a common characteristic and that has been found to experience homelessness1 housing instability1 or to be cost-burdened at a rate higher than that of the general public4 7,b7 ,information that may be used in demonstrating such a higher rate includes data generated by the ,federal ,government1 by ,state or municipal governments1 by peer-reviewed research1 and by organizations having expertise in working with or advocating on behalf of homeless1 housing unstable1 or cost-burdened groups4 7,c7 ,such term shall include populations for which such higher rate has already been demonstrated1 including ,asian1 ,black1 ,latino1 ,native ,american1 ,native ,hawaiian1 ,pacific ,islander and other communities of color2 persons with disabilities1 including mental health disabilities1 elderly persons1 foster and former foster youth2 ,,lgbtq persons1 gender non-binary and gender non-conforming persons1 justice system-involved persons1 and veterans4 4 7f7 ,conforming amendment ,the table of contents in section #aja7;b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacja note7 is amended by striking the items relating to sections #bji and #baj and inserting the following3 ,sec4 #bji4 ,encouragement of ,state involvement4 4 #fjjbb4 ,,gao study of housing needs of populations at higher risk of homelessness 7a7 ,in general ,no later than the expiration of the #a-year period beginning on the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall identify and analyze the housing infrastructure needs of populations at higher risk of homelessness1 and shall submit a report to the ,congress recommending regulatory1 policy1 and practice changes that would ensure that ,federal agencies better reduce and prevent homelessness and housing instability faced by populations at higher risk of homelessness4 7b7 ,population at higher risk of homelessness 7#a7 ,in general ,for purposes of this section1 the term population at higher risk of homelessness means a group of persons that is defined by a common characteristic and that has been found to experience homelessness1 housing instability1 or to be cost-burdened at a rate higher than that of the general public4 7#b7 ,higher rate ,information that may be used in demonstrating such a higher rate includes data generated by the ,federal ,government1 by ,state or municipal governments1 by peer-reviewed research1 and by organizations having expertise in working with or advocating on behalf of homeless1 housing unstable1 or cost-burdened groups4 7#c7 ,included populations ,such term shall include populations for which such higher rate has already been demonstrated1 including ,asian1 ,black1 ,latino1 ,native ,american1 ,native ,hawaiian1 ,pacific ,islander and other communities of color2 persons with disabilities1 including mental health disabilities1 elderly persons1 foster and former foster youth2 ,,lgbtq persons1 gender non-binary and gender non-conforming persons1 justice system-involved persons1 survivors of domestic violence1 sexual assault1 and other intimate partner violence1 and veterans4 #fjjbc4 ,buy ,america requirements for community development block grant activities ,title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 is amended by adding at the end the following3 #ecbc4 ,buy ,america 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall not obligate any funds authorized to be appropriated for any project authorized under this title and administered by the ,secretary1 unless steel1 iron1 manufactured products1 and construction materials used in such project are produced in the ,united ,states4 7b7 ,inapplicability ,subsection 7a7 shall not apply to the development of any housing1 including single-family and multifamily housing4 7c7 ,waiver ,the ,secretary may waive the requirements of subsection 7a7 if the ,secretary finds-- 7#a7 that such requirements would be inconsistent with the public interest2 7#b7 that products described in subsection 7a7 are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 that inclusion of domestic material will increase the cost of the overall project by more than #be percent4 7d7 ,notice ,not later than #ae days before making a determination regarding a waiver described in subsection 7b71 the ,secretary shall provide notification and an opportunity for public comment on the request for such waiver4 7e7 ,international agreements ,this section shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 4 #fjjbd4 ,repeal of ,faircloth amendment ,section #i7;g7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7g77 is amended by striking paragraph 7#c7 7relating to limitation on new construction74 #fjjbe4 ,study of effects of criminal history on access to housing ,not later than the expiration of the #b-year period beginning on the date of the enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall-- 7#a7 conduct and complete a study on the effects of criminal history or involvement with the criminal legal system on access to private and assisted housing1 taking into consideration demographic information1 type of housing1 socio-economic status1 geography1 nature of the offense1 and other relevant factors allowing greater understanding of the impact of criminal history on access to housing2 and 7#b7 submit to the ,congress a report setting forth the findings of the study1 which shall be disaggregated according to the factors considered pursuant to paragraph 7#a74 ,k ,reopen and ,rebuild ,america's ,schools ,act of #bjbj #gjjjj4 ,short title2 table of contents 7a7 ,short title ,this division may be cited as the ,reopen and ,rebuild ,america's ,schools ,act of #bjbj4 7b7 ,table of ,contents ,the table of contents for this division is as follows3 ,division ,k--,reopen and ,rebuild ,america's ,schools ,act of #bjbj ,sec4 #gjjjj4 ,short title2 table of contents4 ,sec4 #gjjja4 ,definitions4 ,title ,i--,grants for the ,long-,term ,improvement of ,public ,school ,facilities ,subtitle ,a--,reservation and ,allocation of ,funds ,sec4 #gjaja4 ,purpose and reservation4 ,sec4 #gjajb4 ,allocation to ,states4 ,subtitle ,b--,grants to ,local ,educational ,agencies ,sec4 #gjaaa4 ,need-based grants to qualified local educational agencies4 ,sec4 #gjaab4 ,allowable uses of funds4 ,sec4 #gjaac4 ,prohibited uses4 ,sec4 #gjaad4 ,requirements for hazard-resistance1 energy and water conservation1 and air quality4 ,sec4 #gjaae4 ,green ,practices4 ,sec4 #gjaaf4 ,use of ,american iron1 steel1 and manufactured products4 ,sec4 #gjaag4 ,prohibition on use of funds for facilities of for-profit charter schools4 ,sec4 #gjaah4 ,prohibition on use of funds for certain charter schools4 ,subtitle ,c--,annual ,report and ,authorization of ,appropriations ,sec4 #gjaba4 ,annual report on grant program4 ,sec4 #gjabb4 ,authorization of appropriations4 ,title ,,ii--,other ,reports1 ,development of ,standards1 and ,information ,clearinghouse ,sec4 #gjbja4 ,comptroller general report4 ,sec4 #gjbjb4 ,study and report physical condition of public schools4 ,sec4 #gjbjc4 ,development of data standards4 ,sec4 #gjbjd4 ,information clearinghouse4 ,sec4 #gjbje4 ,sense of ,congress on ,opportunity ,zones4 ,title ,,iii--,impact ,aid ,construction ,sec4 #gjcja4 ,temporary increase in funding for impact aid construction4 ,title ,,iv--,assistance for ,repair of ,school ,foundations ,affected by ,pyrrhotite ,sec4 #gjdja4 ,allocations to ,states4 ,sec4 #gjdjb4 ,grants to local educational agencies4 ,sec4 #gjdjc4 ,definitions4 ,sec4 #gjdjd4 ,authorization of appropriations4 #gjjja4 ,definitions ,in this division3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate4 7#b7 ,bureau-funded school ,the term ,bureau-funded school has the meaning given that term in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba74 7#c7 ,covered funds ,the term covered funds means funds received under title ,i of this division4 7#d7 ,,esea ,terms ,the terms elementary school1 outlying area1 and secondary school have the meanings given those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#e7 ,local educational agency ,the term local educational agency has the meaning given that term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7 except that such term does not include a ,bureau-funded school4 7#f7 ,public school facilities ,the term public school facilities means the facilities of a public elementary school or a public secondary school4 7#g7 ,qualified local educational agency ,the term qualified local educational agency means a local educational agency that receives funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq474 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#i7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7#aj7 ,zero energy school ,the term zero energy school means a public elementary school or public secondary school that-- 7,a7 generates renewable energy on-site2 and 7,b7 on an annual basis1 exports an amount of such renewable energy that equals or exceeds the total amount of renewable energy that is delivered to the school from outside sources4 ,i ,grants for the ,long-,term ,improvement of ,public ,school ,facilities ,a ,reservation and ,allocation of ,funds #gjaja4 ,purpose and reservation 7a7 ,purpose ,funds made available under this title shall be for the purpose of supporting long-term improvements to public school facilities in accordance with this division4 7b7 ,reservation for outlying areas and bureau-,funded schools 7#a7 ,in general ,for each of fiscal years #bjbj through #bjbd1 the ,secretary shall reserve1 from the amount appropriated to carry out this title-- 7,a7 one-half of #a percent1 to make allocations to the outlying areas in accordance with paragraph 7#c72 and 7,b7 one-half of #a percent1 for payments to the ,secretary of the ,interior to provide assistance to ,bureau-funded schools4 7#b7 ,use of reserved funds 7,a7 ,in general ,funds reserved under paragraph 7#a7 shall be used in accordance with sections #gjaab through #gjaaf4 7,b7 ,special rules for ,bureau-funded schools 7i7 ,applicability ,sections #gjaab through #gjaaf shall apply to a ,bureau-funded school that receives assistance under paragraph 7#a77;,b7 in the same manner that such sections apply to a qualified local educational agency that receives covered funds4 ,the facilities of a ,bureau-funded school shall be treated as public school facilities for purposes of the application of such sections4 7ii7 ,treatment of tribally operated schools ,the ,secretary of the ,interior shall provide assistance to ,bureau-funded schools under paragraph 7#a77;,b7 without regard to whether such schools are operated by the ,bureau of ,indian ,education or by an ,indian ,tribe4 ,in the case of a ,bureau-funded school that is a contract or grant school 7as that term is defined in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba77 operated by an ,indian ,tribe1 the ,secretary of the ,interior shall provide assistance under such paragraph to the ,indian ,tribe concerned4 7#c7 ,allocation to outlying areas ,from the amount reserved under paragraph 7#a77;,a7 for a fiscal year1 the ,secretary shall allocate to each outlying area an amount in proportion to the amount received by the outlying area under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the previous fiscal year relative to the total such amount received by all outlying areas for such previous fiscal year4 #gjajb4 ,allocation to ,states 7a7 ,allocation to states 7#a7 ,state-by-state allocation 7,a7 ,in general ,subject to subparagraph 7,b71 of the amount appropriated to carry out this title for each fiscal year and not reserved under section #gjaja7;b71 each ,state that has a plan approved by the ,secretary under subsection 7b7 shall be allocated an amount in proportion to the amount received by all local educational agencies in the ,state under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the previous fiscal year relative to the total such amount received by all local educational agencies in every ,state that has a plan approved by the ,secretary under subsection 7b74 7,b7 ,fiscal year #bjbj ,of the amount appropriated to carry out this title for fiscal year #bjbj and not reserved under section #gjaja7;b71 not later than #cj days after such funds are appropriated1 each ,state that provides an assurance to the ,secretary that the ,state will comply with the requirements of section #gjaaa7;c77#b7 shall be allocated an amount in proportion to the amount received by all local educational agencies in the ,state under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the previous fiscal year relative to the total such amount received by all local educational agencies in every ,state that provides such an assurance to the ,secretary4 7#b7 ,state reservation ,a ,state may reserve not more than #a percent of its allocation under paragraph 7#a7 to carry out its responsibilities under this division1 which-- 7,a7 shall include-- 7i7 providing technical assistance to local educational agencies1 including by-- 7,i7 identifying which ,state agencies have programs1 resources1 and expertise relevant to the activities supported by the allocation under this section2 and 7,,ii7 coordinating the provision of technical assistance across such agencies2 7ii7 in accordance with the guidance issued by the ,secretary under section #gjbjc1 developing an online1 publicly searchable database that contains an inventory of the infrastructure of all public school facilities in the ,state 7including the facilities of ,bureau-funded schools1 as appropriate71 including1 with respect to each such facility1 an identification of-- 7,i7 the information described in subclauses 7,i7 through 7,,vii7 of clause 7vi72 7,,ii7 the age 7including an identification of the date of any retrofits or recent renovations7 of-- 7aa7 the facility2 7bb7 its roof2 7cc7 its lighting system2 7dd7 its windows2 7ee7 its ceilings2 7ff7 its plumbing2 and 7gg7 its heating1 ventilation1 and air conditioning system2 7,,iii7 fire safety inspection results2 7,,iv7 the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters1 including the extent to which facilities that are vulnerable to seismic natural disasters are seismically retrofitted2 7,v7 any previous inspections showing the presence of toxic substances2 and 7,,vi7 any improvements to support indoor and outdoor social distancing1 personal hygiene1 and building hygiene 7including with respect to ,,hvac usage and ventilation7 in schools1 consistent with guidance issued by the ,centers for ,disease ,control and ,prevention2 7iii7 updating the database developed under clause 7ii7 not less frequently than once every #b years2 7iv7 ensuring that the information in the database developed under clause 7ii7-- 7,i7 is posted on a publicly accessible ,state website2 and 7,,ii7 is regularly distributed to local educational agencies and ,tribal governments in the ,state2 7v7 issuing and reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects2 and 7vi7 issuing or reviewing regulations to ensure safe1 healthy1 and high-performing school buildings1 including regulations governing-- 7,i7 indoor environmental quality and ventilation1 including exposure to carbon monoxide1 carbon dioxide1 lead-based paint1 and other combustion by-products such as oxides of nitrogen2 7,,ii7 mold1 mildew1 and moisture control2 7,,iii7 the safety of drinking water at the tap and water used for meal preparation1 including regulations that-- 7aa7 address the presence of lead and other contaminants in such water2 and 7bb7 require the regular testing of the potability of water at the tap2 7,,iv7 energy and water efficiency2 7,v7 excessive classroom noise due to activities allowable under section #gjaab2 7,,vi7 the levels of maintenance work1 operational spending1 and capital investment needed to maintain the quality of public school facilities2 and 7,,vii7 the construction or renovation of such facilities1 including applicable building codes2 and 7vii7 creating a plan to reduce or eliminate exposure to toxic substances1 including mercury1 radon1 ,p,c,bs1 lead1 vapor intrusions1 and asbestos2 and 7,b7 may include the development of a plan to increase the number of zero energy schools in the ,state4 7b7 ,state plan 7#a7 ,in general ,to be eligible to receive an allocation under this section1 a ,state shall submit to the ,secretary a plan that-- 7,a7 describes how the ,state will use the allocation to make long-term improvements to public school facilities2 7,b7 explains how the ,state will carry out each of its responsibilities under subsection 7a77#b72 7,c7 explains how the ,state will make the determinations under subsections 7b7 and 7c7 of section #gjaaa2 7,d7 identifies how long1 and at what levels1 the ,state will maintain fiscal effort for the activities supported by the allocation after the ,state no longer receives the allocation2 and 7,e7 includes such other information as the ,secretary may require4 7#b7 ,approval and disapproval ,the ,secretary shall have the authority to approve or disapprove a ,state plan submitted under paragraph 7#a74 7c7 ,conditions ,as a condition of receiving an allocation under this section1 a ,state shall agree to the following3 7#a7 ,matching requirement 7,a7 ,in general ,the ,state shall contribute1 from non-,federal sources1 an amount equal to #aj percent of the amount of the allocation received under this section to carry out the activities supported by the allocation4 7,b7 ,deadline ,the ,state shall provide any contribution required under subparagraph 7,a7 not later than ,september #cj1 #bjbi4 7,c7 ,certain fiscal years ,with respect to a fiscal year for which more than #g1jjj1jjj1jjj are appropriated to carry out this title1 subparagraph 7,a7 shall be applied as if 1 from non-,federal sources1 were struck4 7#b7 ,maintenance of effort ,the ,state shall provide an assurance to the ,secretary that the combined fiscal effort or the aggregate expenditures of the ,state with respect to the activities supported by the allocation under this section for fiscal years beginning with the fiscal year for which the allocation is received will be not less than #ij percent of the #e year average for total capital outlay of the combined fiscal effort or aggregate expenditures by the ,state for the purposes for which the allocation is received4 7#c7 ,supplement not supplant ,the ,state shall use an allocation under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in absence of such allocation1 be made available for the activities supported by the allocation1 and not to supplant such funds4 ,b ,grants to ,local ,educational ,agencies #gjaaa4 ,need-based grants to qualified local educational agencies 7a7 ,grants to local educational agencies 7#a7 ,in general ,subject to paragraph 7#b71 from the amounts allocated to a ,state under section #gjajb7;a7 and contributed by the ,state under section #gjajb7;c77#a71 the ,state shall award grants to qualified local educational agencies1 on a competitive basis1 to carry out the activities described in section #gjaab7;a74 7#b7 ,allowance for digital learning ,a ,state may use up to #aj percent of the amount described in paragraph 7#a7 to make grants to qualified local educational agencies carry out activities to improve digital learning in accordance with section #gjaab7;b74 7b7 ,eligibility 7#a7 ,in general ,to be eligible to receive a grant under this section a qualified local educational agency-- 7,a7 shall be among the local educational agencies in the ,state with the highest numbers or percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 7,b7 shall agree to prioritize the improvement of the facilities of public schools that serve the highest percentages of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 7which1 in the case of a high school1 may be calculated using comparable data from the schools that feed into the high school71 as compared to other public schools in the jurisdiction of the agency2 and 7,c7 may be among the local educational agencies in the ,state-- 7i7 with the greatest need to improve public school facilities1 as determined by the ,state1 which may include consideration of threats posed by the proximity of the facilities to toxic sites or brownfield sites or the vulnerability of the facilities to natural disasters2 and 7ii7 with the most limited capacity to raise funds for the long-term improvement of public school facilities1 as determined by an assessment of-- 7,i7 the current and historic ability of the agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools2 7,,ii7 whether the agency has been able to issue bonds or receive other funds to support school construction projects2 and 7,,iii7 the bond rating of the agency4 7#b7 ,geographic distribution ,the ,state shall ensure that grants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the ,state4 7#c7 ,statewide thresholds ,the ,state shall establish reasonable thresholds for determining whether a local educational agency is among agencies in the ,state with the highest numbers or percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c77 as required under paragraph 7#a77;,a74 7c7 ,priority of grants ,in awarding grants under this section1 the ,state-- 7#a7 subject to paragraph 7#b71 shall give priority to qualified local educational agencies that-- 7,a7 demonstrate the greatest need for such a grant1 as determined by a comparison of the factors described in subsection 7b77#a7 and other indicators of need in the public school facilities of such local educational agencies1 including-- 7i7 the median age of facilities2 7ii7 the extent to which student enrollment exceeds physical and instructional capacity2 7iii7 the condition of major building systems such as heating1 ventilation1 air conditioning1 electrical1 water1 and sewer systems2 7iv7 the condition of roofs1 windows1 and doors2 and 7v7 other critical health and safety conditions2 and 7,b7 will use the grant to improve the facilities of-- 7i7 elementary schools or middle schools that have an enrollment of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 that constitutes not less than #dj percent of the total student enrollment at such schools2 or 7ii7 high schools that have an enrollment of students who are eligible for a free or reduced price lunch under such ,act that constitutes not less than #cj percent of the total student enrollment at such schools 7which may be calculated using comparable data from the schools that feed into the high school72 and 7,c7 operate public school facilities that pose a severe health and safety threat to students and staff1 which may include a threat posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters2 7#b7 with respect to grants awarded for fiscal year #bjbj1 shall give priority to local educational agencies described in paragraph 7#a7 that will use the grant to improve the facilities of schools described in paragraph 7#a77;,b7 to support indoor and outdoor social distancing1 personal hygiene1 and building hygiene 7including with respect to ,,hvac usage and ventilation7 in schools1 consistent with guidance issued by the ,centers for ,disease ,control and ,prevention2 and 7#c7 may give priority to qualified local educational agencies that-- 7,a7 will use the grant to improve access to high-speed broadband sufficient to support digital learning accordance with section #gjaab7;b72 7,b7 serve elementary schools or secondary schools1 including rural schools1 that lack such access2 and 7,c7 meet one or more of the requirements set forth in subparagraphs 7,a7 through 7,c7 of paragraph 7#a74 7d7 ,application ,to be considered for a grant under this section1 a qualified local educational agency shall submit an application to the ,state at such time1 in such manner1 and containing such information as the ,state may require4 ,such application shall include1 at minimum-- 7#a7 the information necessary for the ,state to make the determinations under subsections 7b7 and 7c72 7#b7 a description of the projects that the agency plans to carry out with the grant2 7#c7 an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency2 and 7#d7 in the case of a local educational agency that proposes to fund a repair1 renovation1 or construction project for a public charter school1 the extent to which-- 7,a7 the public charter school lacks access to funding for school repair1 renovation1 and construction through the financing methods available to other public schools or local educational agencies in the ,state2 and 7,b7 the charter school operator owns or has care and control of the facility that is to be repaired1 renovated1 or constructed4 7e7 ,facilities master plan 7#a7 ,plan required ,not later than #ahj days after receiving a grant under this section1 a qualified local educational agency shall submit to the ,state a comprehensive #aj-year facilities master plan4 7#b7 ,elements ,the facilities master plan required under paragraph 7#a7 shall include1 with respect to all public school facilities of the qualified local educational agency1 a description of-- 7,a7 the extent to which public school facilities meet students' educational needs and support the agency's educational mission and vision2 7,b7 the physical condition of the public school facilities2 7,c7 the current health1 safety1 and environmental conditions of the public school facilities1 including-- 7i7 indoor air quality2 7ii7 the presence of toxic substances2 7iii7 the safety of drinking water at the tap and water used for meal preparation1 including the level of lead and other contaminants in such water2 7iv7 energy and water efficiency2 7v7 excessive classroom noise2 and 7vi7 other health1 safety1 and environmental conditions that would impact the health1 safety1 and learning ability of students2 7,d7 how the local educational agency will address any conditions identified under subparagraph 7,c72 7,e7 the impact of current and future student enrollment levels 7as of the date of application7 on the design of current and future public school facilities1 as well as the financial implications of such enrollment levels2 7,f7 the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities1 including-- 7i7 any funds in the budget of the agency that will be dedicated to such projects2 and 7ii7 any funds not in the budget of the agency that will be dedicated to such projects1 including any funds available to the agency as the result of a bond issue2 and 7,g7 the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities1 including-- 7i7 any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities2 and 7ii7 any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities4 7#c7 ,consultation ,in developing the facilities master plan required under paragraph 7#a7-- 7,a7 a qualified local educational agency shall consult with teachers1 principals and other school leaders1 custodial and maintenance staff1 emergency first responders1 school facilities directors1 students and families1 community residents1 and ,indian ,tribes2 and 7,b7 in addition to the consultation required under subparagraph 7,a71 a ,bureau-funded school shall consult with the ,bureau of ,indian ,education4 7f7 ,supplement not supplant ,a qualified local educational agency shall use a grant received under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in the absence of such grant1 be made available for the activities supported by the grant1 and not to supplant such funds4 #gjaab4 ,allowable uses of funds 7a7 ,in general ,except as provided in section #gjaac1 a local educational agency that receives covered funds may use such funds to-- 7#a7 develop the facilities master plan required under section #gjaaa7;e72 7#b7 construct1 modernize1 renovate1 or retrofit public school facilities1 which may include seismic retrofitting for schools vulnerable to seismic natural disasters2 7#c7 carry out major repairs of public school facilities2 7#d7 install furniture or fixtures with at least a #aj-year life in public school facilities2 7#e7 construct new public school facilities2 7#f7 acquire and prepare sites on which new public school facilities will be constructed2 7#g7 extend the life of basic systems and components of public school facilities2 7#h7 ensure current or anticipated enrollment does not exceed the physical and instructional capacity of public school facilities2 7#i7 ensure the building envelopes and interiors of public school facilities protect occupants from natural elements and human threats1 and are structurally sound and secure2 7#aj7 compose building design plans that strengthen the safety and security on school premises by utilizing design elements1 principles1 and technology that-- 7,a7 guarantee layers of security throughout the school premises2 and 7,b7 uphold the aesthetics of the school premises as a learning and teaching environment2 7#aa7 improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities2 7#ab7 improve indoor air quality in public school facilities2 7#ac7 reduce or eliminate the presence of-- 7,a7 toxic substances1 including mercury1 radon1 ,p,c,bs1 lead1 and asbestos2 7,b7 mold and mildew2 or 7,c7 rodents and pests2 7#ad7 ensure the safety of drinking water at the tap and water used for meal preparation in public school facilities1 which may include testing of the potability of water at the tap for the presence of lead and other contaminants2 7#ae7 bring public school facilities into compliance with applicable fire1 health1 and safety codes2 7#af7 make public school facilities accessible to people with disabilities through compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 7#ag7 provide instructional program space improvements 7including through the construction of outdoor instructional space7 for programs relating to early learning 7including early learning programs operated by partners of the agency71 special education1 science1 technology1 career and technical education1 physical education1 music1 the arts1 and literacy 7including library programs72 7#ah7 increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic1 health1 and social services2 7#ai7 ensure the health of students and staff during the construction or modernization of public school facilities2 or 7#bj7 reduce or eliminate excessive classroom noise due to activities allowable under this section4 7b7 ,allowance for digital learning ,a local educational agency may use funds received under section #gjaaa7;a77#b7 to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning4 #gjaac4 ,prohibited uses ,a local educational agency that receives covered funds may not use such funds for-- 7#a7 payment of routine and predictable maintenance costs and minor repairs2 7#b7 any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public2 7#c7 vehicles2 or 7#d7 central offices1 operation centers1 or other facilities that are not primarily used to educate students4 #gjaad4 ,requirements for hazard-resistance1 energy and water conservation1 and air quality 7a7 ,requirements ,a local educational agency that receives covered funds shall ensure that any new construction1 modernization1 or renovation project carried out with such funds meets or exceeds the requirements of the following3 7#a7 ,requirements for such projects set forth in the most recent published edition of a nationally recognized1 consensus-based model building code4 7#b7 ,requirements for such projects set forth in the most recent published edition of a nationally recognized1 consensus-based energy conservation standard or model code4 7#c7 ,performance criteria under the ,water,sense program1 established under section #cbd;,b of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;b71 applicable to such projects within a nationally recognized1 consensus-based model code4 7#d7 ,indoor environmental air quality requirements applicable to such projects as set forth in the most recent published edition of a nationally-recognized1 consensus-based standard4 7b7 ,additional use of funds ,a local educational agency that uses covered funds for a new construction project or renovation project may use such funds to assess vulnerabilities1 risks1 and hazards1 to address and mitigate such vulnerabilities1 risks and hazards1 to enhance resilience1 and to provide for passive survivability4 #gjaae4 ,green ,practices 7a7 ,in general ,in a given fiscal year1 a local educational agency that uses covered funds for a new construction project or renovation project shall use not less than the applicable percentage 7as described in subsection 7b77 of the funds used for such project for construction or renovation that is certified1 verified1 or consistent with the applicable provisions of-- 7#a7 the ,united ,states ,green ,building ,council ,leadership in ,energy and ,environmental ,design green building rating standard 7commonly known as the ,,leed ,green ,building ,rating ,system72 7#b7 the ,living ,building ,challenge developed by the ,international ,living ,future ,institute2 7#c7 a green building rating program developed by the ,collaborative for ,high-,performance ,schools 7commonly known as ,,chps7 that is ,,chps-verified2 or 7#d7 a program that-- 7,a7 has standards that are equivalent to or more stringent than the standards of a program described in paragraphs 7#a7 through 7#c72 7,b7 is adopted by the ,state or another jurisdiction with authority over the agency2 and 7,c7 includes a verifiable method to demonstrate compliance with such program4 7b7 ,applicable percentage ,the applicable percentage described in this subsection is-- 7#a7 for fiscal year #bjbj1 #fj percent2 7#b7 for fiscal year #bjba1 #gj percent2 7#c7 for fiscal year #bjbb2 #hj percent2 7#d7 for fiscal year #bjbc1 #ij percent2 and 7#e7 for fiscal year #bjbd1 #ajj percent4 #gjaaf4 ,use of ,american iron1 steel1 and manufactured products 7a7 ,in general ,a local educational agency that receives covered funds shall ensure that any iron1 steel1 and manufactured products used in projects carried out with such funds are produced in the ,united ,states4 7b7 ,waiver authority 7#a7 ,in general ,the ,secretary may waive the requirement of subsection 7a7 if the ,secretary determines that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest2 7,b7 iron1 steel1 and manufactured products produced in the ,united ,states are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality2 or 7,c7 using iron1 steel1 and manufactured products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7#b7 ,publication ,before issuing a waiver under paragraph 7#a71 the ,secretary shall publish in the ,federal ,register a detailed written explanation of the waiver determination4 7c7 ,consistency with international agreements ,this section shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 7d7 ,definitions ,in this section3 7#a7 ,produced in the ,united ,states ,the term produced in the ,united ,states means the following3 7,a7 ,when used with respect to a manufactured product1 the product was manufactured in the ,united ,states and the cost of the components of such product that were mined1 produced1 or manufactured in the ,united ,states exceeds #fj percent of the total cost of all components of the product4 7,b7 ,when used with respect to iron or steel products1 or an individual component of a manufactured product1 all manufacturing processes for such iron or steel products or components1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states1 except that the term does not include-- 7i7 steel or iron material or products manufactured abroad from semi-finished steel or iron from the ,united ,states2 and 7ii7 steel or iron material or products manufactured in the ,united ,states from semi-finished steel or iron of foreign origin4 7#b7 ,manufactured product ,the term manufactured product means any construction material or end product 7as such terms are defined in part #be4jjc of the ,federal ,acquisition ,regulation7 that is not an iron or steel product1 including-- 7,a7 electrical components2 and 7,b7 non-ferrous building materials1 including1 aluminum and polyvinylchloride 7,,pvc71 glass1 fiber optics1 plastic1 wood1 masonry1 rubber1 manufactured stone1 any other non-ferrous metals1 and any unmanufactured construction material4 #gjaag4 ,prohibition on use of funds for facilities of for-profit charter schools ,no covered funds may be used for the facilities of a public charter school that is operated by a for-profit entity4 #gjaah4 ,prohibition on use of funds for certain charter schools ,no covered funds may be used for the facilities of a public charter school if-- 7#a7 the school leases the facilities from an individual or private sector entity2 and 7#b7 such individual1 or an individual with a direct or indirect financial interest in such entity1 has a management or governance role in such school4 ,c ,annual ,report and ,authorization of ,appropriations #gjaba4 ,annual report on grant program 7a7 ,in general ,not later than ,september #cj of each fiscal year beginning after the date of the enactment of this division1 the ,secretary shall submit to the appropriate congressional committees a report on the projects carried out with funds made available under this title4 7b7 ,elements ,the report under subsection 7a7 shall include1 with respect to the fiscal year preceding the year in which the report is submitted1 the following3 7#a7 ,an identification of each local educational agency that received a grant under this title4 7#b7 ,with respect to each such agency1 a description of-- 7,a7 the demographic composition of the student population served by the agency1 disaggregated by-- 7i7 race2 7ii7 the number and percentage of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7iii7 the number and percentage of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,b7 the population density of the geographic area served by the agency2 7,c7 the projects for which the agency used the grant received under this title1 described using measurements of school facility quality from the most recent available version of the ,common ,education ,data ,standards published by the ,national ,center for ,education ,statistics2 7,d7 the demonstrable or expected benefits of the projects2 and 7,e7 the estimated number of jobs created by the projects4 7#c7 ,the total dollar amount of all grants received by local educational agencies under this title4 7c7 ,,lea information collection ,a local educational agency that receives a grant under this title shall-- 7#a7 annually compile the information described in subsection 7b77#b72 7#b7 make the information available to the public1 including by posting the information on a publicly accessible agency website2 and 7#c7 submit the information to the ,state4 7d7 ,state information distribution ,a ,state that receives information from a local educational agency under subsection 7c7 shall-- 7#a7 compile the information and report it annually to the ,secretary at such time and in such manner as the ,secretary may require2 7#b7 make the information available to the public1 including by posting the information on a publicly accessible ,state website2 and 7#c7 regularly distribute the information to local educational agencies and ,tribal governments in the ,state4 #gjabb4 ,authorization of appropriations ,there are authorized to be appropriated #bj1jjj1jjj1jjj for each of fiscal years #bjbj through #bjbd to carry out this title4 ,amounts so appropriated are authorized to remain available through fiscal year #bjbi4 ,,ii ,other ,reports1 ,development of ,standards1 and ,information ,clearinghouse #gjbja4 ,comptroller general report 7a7 ,in general ,not later than #b years after the date of the enactment of this division1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report on the projects carried out with covered funds4 7b7 ,elements ,the report under subsection 7a7 shall include an assessment of-- 7#a7 ,state activities1 including-- 7,a7 the types of public school facilities data collected by each ,state1 if any2 7,b7 technical assistance with respect to public school facilities provided by each ,state1 if any2 7,c7 future plans of each ,state with respect to public school facilities2 7,d7 criteria used by each ,state to determine high-need students and facilities for purposes of the projects carried out with covered funds2 and 7,e7 whether the ,state issued new regulations to ensure the health and safety of students and staff during construction or renovation projects or to ensure safe1 healthy1 and high-performing school buildings2 7#b7 the types of projects carried out with covered funds1 including-- 7,a7 the square footage of the improvements made with covered funds2 7,b7 the total cost of each such project2 and 7,c7 the cost described in subparagraph 7,b71 disaggregated by1 with respect to such project1 the cost of planning1 design1 construction1 site purchase1 and improvements2 7#c7 the geographic distribution of the projects2 7#d7 the demographic composition of the student population served by the projects1 disaggregated by-- 7,a7 race2 7,b7 the number and percentage of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7,c7 the number and percentage of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7#e7 an assessment of the impact of the projects on the health and safety of school staff and students2 and 7#f7 how the ,secretary or ,states could make covered funds more accessible-- 7,a7 to schools with the highest numbers and percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7,b7 to schools with fiscal challenges in raising capital for school infrastructure projects4 7c7 ,updates ,the ,comptroller ,general shall update and resubmit the report to the appropriate congressional committees-- 7#a7 on a date that is between #e and #f years after the date of the enactment of this division2 and 7#b7 on a date that is between #aj and #aa years after such date of enactment4 #gjbjb4 ,study and report physical condition of public schools 7a7 ,study and report ,not less frequently than once in each #e-year period beginning after the date of the enactment of this division1 the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall-- 7#a7 carry out a comprehensive study of the physical conditions of all public schools in the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands2 and 7#b7 submit a report to the appropriate congressional committees that includes the results of the study4 7b7 ,elements ,each study and report under subsection 7a7 shall include-- 7#a7 an assessment of-- 7,a7 the effect of school facility conditions on student and staff health and safety2 7,b7 the effect of school facility conditions on student academic outcomes2 7,c7 the condition of school facilities1 set forth separately by geographic region2 7,d7 the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups2 7,e7 the accessibility of school facilities for students and staff with disabilities2 7,f7 the prevalence of school facilities at which student enrollment exceeds the physical and instructional capacity of the facility and the effect of such excess enrollment on instructional quality and delivery of school wraparound services2 7,g7 the condition of school facilities affected by natural disasters2 7,h7 the effect that projects carried out with covered funds have on the communities in which such projects are conducted1 including the vitality1 jobs1 population1 and economy of such communities2 and 7,i7 the ability of building envelopes and interiors of public school facilities to protect occupants from natural elements and human threats2 7#b7 an explanation of any differences observed with respect to the factors described in subparagraphs 7,a7 through 7,h7 of paragraph 7#a72 and 7#c7 a cost estimate for bringing school facilities to a state of good repair1 as determined by the ,secretary4 #gjbjc4 ,development of data standards 7a7 ,data standards ,not later than #abj days after the date of the enactment of this division1 the ,secretary1 in consultation with the officials described in subsection 7b71 shall-- 7#a7 identify the data that ,states should collect and include in the databases developed under section #gjajb7;a77#b77;,a77ii72 7#b7 develop standards for the measurement of such data2 and 7#c7 issue guidance to ,states concerning the collection and measurement of such data4 7b7 ,officials ,the officials described in this subsection are-- 7#a7 the ,administrator of the ,environmental ,protection ,agency2 7#b7 the ,secretary of ,energy2 7#c7 the ,director of the ,centers for ,disease ,control and ,prevention2 and 7#d7 the ,director of the ,national ,institute for ,occupational ,safety and ,health4 #gjbjd4 ,information clearinghouse 7a7 ,in general ,not later than #abj days after the date of the enactment of this division1 the ,secretary shall establish a clearinghouse to disseminate information on ,federal programs and financing mechanisms that may be used to assist schools in initiating1 developing1 and financing-- 7#a7 energy efficiency projects2 7#b7 distributed generation projects2 and 7#c7 energy retrofitting projects4 7b7 ,elements ,in carrying out subsection 7a71 the ,secretary shall-- 7#a7 consult with the officials described in section #gjbjc7;b7 to develop a list of ,federal programs and financing mechanisms to be included in the clearinghouse2 and 7#b7 coordinate with such officials to develop a collaborative education and outreach effort to streamline communications and promote the ,federal programs and financing mechanisms included in the clearinghouse1 which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance that may be used by ,states1 outlying areas1 local educational agencies1 and ,bureau-funded schools effectively access and use such ,federal programs and financing mechanisms4 #gjbje4 ,sense of ,congress on ,opportunity ,zones 7a7 ,findings ,the ,congress finds as follows3 7#a7 ,opportunity ,zones were championed by prominent leaders of both parties as an innovative way to tackle longstanding challenges4 7#b7 ,as of ,december #bjah1 #h1gfc low-income communities had been designated as ,opportunity ,zones1 representing all #ej ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,u4,s4 ,virgin ,islands1 and ,american ,samoa4 7#c7 ,schools are integral parts of communities1 and a key part of communities' economic and work force development efforts could be modernizing school facilities4 7b7 ,sense of ,congress lt is the sense of the ,congress that opportunity zones1 when combined with public infrastructure investment1 can provide an innovative approach to capital financing that has the potential to unleash creativity and help local communities rebuild schools1 rebuild economics1 and get people back to work4 ,,iii ,impact ,aid ,construction #gjcja4 ,temporary increase in funding for impact aid construction ,section #gjad7;d7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggad7;d77 is amended to read as follows3 7d7 ,construction ,for the purpose of carrying out section #gjjg1 there are authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 ,,iv ,assistance for ,repair of ,school ,foundations ,affected by ,pyrrhotite #gjdja4 ,allocations to ,states 7a7 ,in general ,beginning not later than #ahj days after the date of the enactment of this division1 the ,secretary shall carry out a program under which the ,secretary makes allocations to ,states to pay the ,federal share of the costs of making grants to local educational agencies under section #gjdjb4 7b7 ,website ,not later than #ahj days after the date of enactment of this division1 the ,secretary shall publish1 on a publicly accessible website of the ,department of ,education1 instructions describing how a ,state may receive an allocation under this section4 #gjdjb4 ,grants to local educational agencies 7a7 ,in general ,from the amounts allocated to a ,state under section #gjdja7;a7 and contributed by the ,state under subsection 7e77#b71 the ,state shall award grants to local educational agencies-- 7#a7 to pay the future costs of repairing concrete school foundations damaged by the presence of pyrrhotite2 or 7#b7 to reimburse such agencies for costs incurred by the agencies in making such repairs in the #e-year period preceding the date of enactment of this division4 7b7 ,local educational agency eligibility 7#a7 ,eligibility for grants for future repairs ,to be eligible to receive a grant under subsection 7a77#a71 a local educational agency shall-- 7,a7 with respect to each school for which the agency seeks to use grant funds1 demonstrate to the ,state that-- 7i7 the school is a pyrrhotite-affected school2 and 7ii7 any laboratory tests1 core tests1 and visual inspections of the school's foundation used to determine that the school is a pyrrhotite-affected school were conducted-- 7,i7 by a professional engineer licensed in the ,state in which the school is located2 and 7,,ii7 in accordance with applicable ,state standards or standards approved by any independent1 non-profit1 or private entity authorized by the ,state to oversee construction1 testing1 or financial relief efforts for damaged building foundations2 and 7,b7 provide an assurance that-- 7i7 the local educational agency will use the grant only for the allowable uses described in subsection 7f77#a72 and 7ii7 all work funded with the grant will be conducted by a qualified contractor or architect licensed in the ,state4 7#b7 ,eligibility for reimbursement grants ,to be eligible to receive a grant under subsection 7a77#b71 a local educational agency shall demonstrate that it met the requirements of paragraph 7#a7 at the time it carried out the project for which the agency seeks reimbursement4 7c7 ,application 7#a7 ,in general ,a local educational agency that seeks a grant under this section shall submit to the ,state an application at such time1 in such manner1 and containing such information as the ,state may require1 which upon approval by the ,state under subsection 7d77#a77;,a71 the ,state shall submit to the ,secretary for approval under subsection 7d77#a77;,b74 7#b7 ,contents ,at minimum1 each application shall include-- 7,a7 information and documentation sufficient to enable the ,state to determine if the local educational agency meets the eligibility criteria under subsection 7b72 7,b7 in the case of an agency seeking a grant under subsection 7a77#a71 an estimate of the costs of carrying out the activities described in subsection 7f72 7,c7 in the case of an agency seeking a grant under subsection 7a77#b7-- 7i7 an itemized explanation of-- 7,i7 the costs incurred by the agency in carrying out any activities described subsection 7f72 7,,ii7 any amounts contributed from other ,federal1 ,state1 local1 or private sources for such activities2 and 7ii7 the amount for which the local educational agency seeks reimbursement2 and 7,d7 the percentage of any costs described in subparagraph 7,b7 or 7,c7 that are covered by an insurance policy4 7d7 ,approval and disbursement 7#a7 ,approval 7,a7 ,state ,the ,state shall approve the application of each local educational agency for submission to the ,secretary that-- 7i7 submits a complete and correct application under subsection 7c72 and 7ii7 meets the criteria for eligibility under subsection 7b74 7,b7 ,secretary ,not later than #fj days after receiving an application of a local educational agency submitted by a ,state under subsection 7c77#a71 the ,secretary shall-- 7i7 approve such application1 in a case in which the ,secretary determines that such application meets the requirements of subparagraph 7,a72 or 7ii7 deny such application1 in the case of an application that does not meet such requirements4 7#b7 ,disbursement 7,a7 ,allocation ,the ,secretary shall disburse an allocation to a ,state not later than #fj days after the date on which the ,secretary approves an application under paragraph 7#a77;,b74 7,b7 ,grant ,the ,state shall disburse grant funds to a local educational agency not later than #fj days after the date on which the ,state receives an allocation under subparagraph 7,a74 7e7 ,federal and ,state ,share 7#a7 ,federal share ,the ,federal share of each grant under this section shall be an amount that is not more than #ej percent of the total cost of the project for which the grant is awarded4 7#b7 ,state share 7,a7 ,in general ,subject to subparagraph 7,b71 the ,state share of each grant under this section shall be an amount that is not less than #dj percent of the total cost of the project for which the grant is awarded1 which the ,state shall contribute from non-,federal sources4 7,b7 ,special rule for reimbursement grants ,in the case of a reimbursement grant made to a local educational agency under subsection 7a77#b7 a ,state shall be treated as meeting the requirement of subparagraph 7,a7 if the ,state demonstrates that it contributed1 from non-,federal sources1 not less than #dj percent of the total cost of the project for which the reimbursement grant is awarded4 7f7 ,uses of funds 7#a7 ,allowable uses of funds ,a local educational agency that receives a grant under this section shall use such grant only for costs associated with-- 7,a7 the repair or replacement of the concrete foundation or other affected areas of a pyrrhotite-affected school in the jurisdiction of such agency to the extent necessary-- 7i7 to restore the structural integrity of the school to the safety and health standards established by the professional licensed engineer or architect associated with the project2 and 7ii7 to restore the school to the condition it was in before the school's foundation was damaged due to the presence of pyrrhotite2 and 7,b7 engineering reports1 architectural design1 core tests1 and other activities directly related to the repair or replacement project4 7#b7 ,prohibited uses of funds ,a local educational agency that receives a grant under this section may not use the grant for any costs associated with-- 7,a7 work done to outbuildings1 sheds1 or barns1 swimming pools 7whether in-ground or above-ground71 playgrounds or ballfields1 or any ponds or water features2 7,b7 the purchase of items not directly associated with the repair or replacement of the school building or its systems1 including items such as desks1 chairs1 electronics1 sports equipment1 or other school supplies2 or 7,c7 any other activities not described in paragraph 7#a74 7g7 ,limitation ,a local educational agency may not1 for the same project1 receive a grant under both-- 7#a7 this section2 and 7#b7 title ,i4 #gjdjc4 ,definitions ,in this title3 7#a7 ,pyrrhotite-affected school ,the term pyrrhotite-affected school means an elementary school or a secondary school that meets the following criteria3 7,a7 ,the school has a concrete foundation4 7,b7 ,pyrrhotite is present in the school's concrete foundation1 as demonstrated by a petrographic or other type of laboratory core analysis or core inspection4 7,c7 ,a visual inspection of the school's concrete foundation indicates that the presence of pyrrhotite is causing the foundation to deteriorate at an unsafe rate4 7,d7 ,a qualified engineer determined that the deterioration of the school's foundation1 due to the presence of pyrrhotite-- 7i7 caused the school to become structurally unsound2 or 7ii7 will result in the school becoming structurally unsound within the next five years4 7#b7 ,qualified contractor ,the term qualified contractor means a contractor who is qualified under ,state law1 or approved by any ,state agency or other ,state-sanctioned independent or nonprofit entity1 to repair or replace residential or commercial building foundations that are deteriorating due to the presence of pyrrhotite4 #gjdjd4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year #bjbj and each fiscal year thereafter4 ,l ,public ,lands1 ,tribal ,communities1 and ,resilient ,natural ,infrastructure #hjjjj4 ,table of contents ,the table of contents for this division is as follows3 ,division ,l--,public ,lands1 ,tribal ,communities1 and ,resilient ,natural ,infrastructure ,sec4 #hjjjj4 ,table of contents4 ,title ,i--,water ,resources ,infrastructure ,subtitle ,a--,water ,settlements ,infrastructure ,sec4 #haaja4 ,reclamation water settlements fund4 ,sec4 #haajb4 ,conveyance capacity correction project4 ,sec4 #haajc4 ,funding parity for water management goals and restoration goals4 ,subtitle ,b--,,future ,western ,water ,infrastructure and ,drought ,resiliency ,sec4 #habja4 ,short title4 ,sec4 #habjb4 ,definitions4 ,chapter #a--;,infrastructure development ,sec4 #habaa4 ,competitive grant program for the funding of water recycling and reuse projects4 ,sec4 #habab4 ,storage project development reports to congress4 ,sec4 #habac4 ,funding for storage and supporting projects4 ,sec4 #habad4 ,extension of existing requirements for grandfathered storage projects4 ,sec4 #habae4 ,desalination project development4 ,sec4 #habaf4 ,assistance for disadvantaged communities without adequate drinking water4 ,chapter #b--;,,improved ,,technology ,,and ,,data ,sec4 #habba4 ,reauthorization of water availability and use assessment program4 ,sec4 #habbb4 ,renewal of advisory committee on water information4 ,sec4 #habbc4 ,desalination technology development4 ,sec4 #habbd4 ,x-prize for water technology breakthroughs4 ,sec4 #habbe4 ,study examining sediment transport4 ,sec4 #habbf4 ,determination of water supply allocations4 ,sec4 #habbg4 ,federal priority streamgages4 ,sec4 #habbh4 ,study examining climate vulnerabilities at federal dams4 ,sec4 #habbi4 ,innovative technology adoption4 ,chapter #c--;,,ecosystem ,,protection ,,and ,,restoration ,sec4 #habca4 ,waterbird habitat creation program4 ,sec4 #habcb4 ,cooperative watershed management program4 ,sec4 #habcc4 ,competitive grant program for the funding of watershed health projects4 ,sec4 #habcd4 ,support for refuge water deliveries4 ,sec4 #habce4 ,drought planning and preparedness for critically important fisheries4 ,sec4 #habcf4 ,aquatic ecosystem restoration4 ,sec4 #habcg4 ,reauthorization of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj4 ,sec4 #habch4 ,report on fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances4 ,chapter #d--,,water ,,job ,,training ,,and ,,education ,sec4 #habda4 ,water resource education4 ,chapter #e--,,miscellaneous ,sec4 #habea4 ,offset4 ,sec4 #habeb4 ,delayed water project recommendations4 ,sec4 #habec4 ,continued use of ,pick-,sloan ,missouri ,basin ,program project use power by the ,kinsey ,irrigation ,company and the ,sidney ,water ,users ,irrigation ,district4 ,subtitle ,c--,western ,water ,security ,sec4 #hacja4 ,definitions4 ,chapter #a--;,,infrastructure ,,and ,,water ,,management ,,improvement ,sec4 #hacaa4 ,watersmart extension and expansion4 ,sec4 #hacab4 ,emergency drought funding4 ,sec4 #hacac4 ,rio ,grande ,pueblo ,irrigation ,infrastructure ,reauthorization4 ,sec4 #hacad4 ,puerto ,rico ,water,s,m,a,r,t ,grants ,eligibility4 ,chapter #b--;,,groundwater ,,management ,sec4 #hacba4 ,reauthorization and expansion of the ,transboundary ,aquifer ,assessment ,program4 ,sec4 #hacbb4 ,groundwater management assessment and improvement4 ,sec4 #hacbc4 ,surface and groundwater water availability and the energy nexus4 ,chapter #c--,,water ,,conservation ,,and ,,environmental ,,restoration ,sec4 #hacca4 ,definitions4 ,sec4 #haccb4 ,water acquisition program4 ,sec4 #haccc4 ,middle ,rio ,grande ,water ,conservation4 ,sec4 #haccd4 ,sustaining biodiversity during droughts4 ,sec4 #hacce4 ,reauthorization of cooperative watershed management program4 ,chapter #d--;,,effect ,,on ,,existing ,,law ,sec4 #hacda4 ,effect on existing law4 ,subtitle ,d--,water ,resources ,research ,amendments ,sec4 #hadaa4 ,water ,resources ,research ,act amendments4 ,subtitle ,e--,ground water recharge planning ,sec4 #haeaa4 ,ground water recharge planning4 ,subtitle ,f--,tribal ,water ,infrastructure ,sec4 #hafaa4 ,finding4 ,sec4 #hafab4 ,indian ,health ,services ,sanitation ,facilities ,construction ,program funding4 ,subtitle ,g--,navajo ,utah ,water ,rights ,settlement ,sec4 #hagaa4 ,purposes4 ,sec4 #hagab4 ,definitions4 ,sec4 #hagac4 ,ratification of agreement4 ,sec4 #hagad4 ,navajo water rights4 ,sec4 #hagae4 ,navajo trust accounts4 ,sec4 #hagaf4 ,authorization of appropriations4 ,sec4 #hagag4 ,conditions precedent4 ,sec4 #hagah4 ,waivers and releases4 ,sec4 #hagai4 ,miscellaneous provisions4 ,sec4 #hagbj4 ,relation to allottees4 ,sec4 #hagba4 ,antideficiency4 ,title ,,ii--,national ,parks1 ,forests1 and ,public ,lands ,subtitle ,a--,public ,lands ,telecommunications ,sec4 #hbaja4 ,definitions4 ,sec4 #hbajb4 ,collection and retention of rental fees associated with communications use authorizations on ,federal lands and ,federal land management agency support for communication site programs4 ,sec4 #hbajc4 ,cooperative agreement authority4 ,subtitle ,b--,outdoors for ,all ,sec4 #hbbja4 ,definitions4 ,sec4 #hbbjb4 ,grants authorized4 ,sec4 #hbbjc4 ,eligible uses4 ,sec4 #hbbjd4 ,national park service requirements4 ,sec4 #hbbje4 ,reporting4 ,sec4 #hbbjf4 ,revenue sharing4 ,subtitle ,c--,updated ,borrowing ,authority ,sec4 #hbcja4 ,presidio ,trust borrowing authority4 ,subtitle ,d--,forest ,service ,legacy ,roads and ,trails ,remediation ,program ,sec4 #hbdja4 ,forest ,service ,legacy ,roads and ,trails ,remediation ,program4 ,subtitle ,e--,long ,bridge ,sec4 #hbeja4 ,authorization of ,national ,park ,service conveyances4 ,subtitle ,f--,western ,riverside ,county ,wildlife ,refuge ,sec4 #hbfja4 ,western ,riverside ,county ,wildlife ,refuge4 ,sec4 #hbfjb4 ,purpose4 ,sec4 #hbfjc4 ,notification of establishment4 ,sec4 #hbfjd4 ,boundaries4 ,sec4 #hbfje4 ,administration4 ,sec4 #hbfjf4 ,acquisition and transfers of lands and waters for wildlife refuge4 ,subtitle ,g--,tribal ,land to ,trust ,sec4 #hbgja4 ,lands to be taken into trust4 ,title ,,iii--,oceans and ,wildlife ,subtitle ,a--,coastal and ,great ,lakes ,resiliency and ,restoration ,sec4 #hcaja4 ,shovel-,ready ,restoration and ,resiliency ,grant ,program4 ,sec4 #hcajb4 ,living ,shoreline ,grant ,program4 ,subtitle ,b--,wildlife ,corridors ,conservation ,act ,sec4 #hcbja4 ,definitions4 ,chapter #a--,national ,wildlife ,corridor ,system on ,federal ,land and ,water ,sec4 #hcbaa4 ,national wildlife corridors4 ,sec4 #hcbab4 ,administrative designation of national wildlife corridors4 ,sec4 #hcbac4 ,management of national wildlife corridors4 ,chapter #b--,wildlife ,corridors ,conservation ,subchapter ,a--,national ,wildlife ,corridor ,system on ,federal land and water ,sec4 #hccaa4 ,collaboration and coordination4 ,sec4 #hccab4 ,effect4 ,subchapter ,b--,tribal ,wildlife ,corridors ,sec4 #hccba4 ,tribal ,wildlife ,corridors4 ,sec4 #hccbb4 ,protection of ,indian ,tribes4 ,subchapter ,c--,wildlife movement grant program on non-,federal land and water ,sec4 #hccca4 ,wildlife movements grant program4 ,sec4 #hcccb4 ,national ,coordination ,committee4 ,sec4 #hcccc4 ,regional wildlife movement councils4 ,subchapter ,d--,national ,wildlife ,corridors ,database ,sec4 #hccda4 ,national wildlife corridors database4 ,chapter #c--;,funding ,sec4 #hcdja4 ,wildlife corridors stewardship fund4 ,sec4 #hcdjb4 ,authorization of appropriations4 ,chapter #d--;,authorization of appropriations ,subchapter ,a--,natural ,infrastructure for ,wildlife ,conservation and ,restoration ,sec4 #hceaa4 ,short title4 ,sec4 #hceab4 ,wildlife ,conservation and ,restoration ,subaccount4 ,sec4 #hceac4 ,technical amendments4 ,sec4 #hcead4 ,savings clause4 ,subchapter ,b--,natural ,infrastructure for ,tribal ,wildlife ,conservation and ,restoration ,sec4 #hceba4 ,indian ,tribes4 ,chapter #e--,miscellaneous ,sec4 #hcfja ,reauthorization of ,chesapeake ,bay gateways and watertrails network4 ,title ,,iv--,energy ,subtitle ,a--,establishment of ,federal orphaned well remediation program ,sec4 #hdaja4 ,establishment of federal orphaned well remediation program4 ,sec4 #hdajb4 ,federal bonding reform4 ,subtitle ,b--,surface ,mining ,control and ,reclamation ,act ,amendments ,sec4 #hdbja4 ,abandoned ,mine ,land ,reclamation ,fund4 ,sec4 #hdbjb4 ,emergency ,powers4 ,sec4 #hdbjc4 ,reclamation fee4 ,subtitle ,c--,revitalizing the ,economy of ,coal ,communities by ,leveraging ,local ,activities and ,investing ,more ,sec4 #hdcja4 ,economic revitalization for coal country4 ,sec4 #hdcjb4 ,technical and conforming amendments4 ,sec4 #hdcjc4 ,minimum ,state payments4 ,sec4 #hdcjd4 ,,gao study of use of funds4 ,sec4 #hdcje4 ,payments to certified ,states not affected4 ,subtitle ,d--,public ,land ,renewable ,energy ,development ,sec4 #hddja4 ,definitions4 ,sec4 #hddjb4 ,land use planning2 supplements to programmatic environmental impact statements4 ,sec4 #hddjc4 ,environmental review on covered land4 ,sec4 #hddjd4 ,program to improve renewable energy project permit coordination4 ,sec4 #hddje4 ,increasing economic certainty4 ,sec4 #hddjf4 ,limited grandfathering4 ,sec4 #hddjg4 ,renewable energy goal4 ,sec4 #hddjh4 ,disposition of revenues4 ,sec4 #hddji4 ,promoting and enhancing development of geothermal energy4 ,sec4 #hddaj4 ,facilitation of coproduction of geothermal energy on oil and gas leases4 ,sec4 #hddaa4 ,noncompetitive leasing of adjoining areas for development of geothermal resources4 ,sec4 #hddab4 ,savings clause4 ,subtitle ,e--,offshore ,wind ,jobs and ,opportunity ,sec4 #hdeja4 ,offshore ,wind ,career ,training ,grant ,program4 ,subtitle ,f--,community ,reclamation ,partnerships ,sec4 #hdfja4 ,reference4 ,sec4 #hdfjb4 ,state memoranda of understanding for certain remediation4 ,sec4 #hdfjc4 ,clarifying ,state liability for mine drainage projects4 ,sec4 #hdfjd4 ,conforming amendments4 ,subtitle ,g--,sinkhole hazard identification ,sec4 #hdgja4 ,sinkhole hazard identification4 ,title ,v--,labor ,standards ,sec4 #heaja4 ,labor ,standards4 ,i ,water ,resources ,infrastructure ,a ,water ,settlements ,infrastructure #haaja4 ,reclamation water settlements fund ,section #ajeja of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7 is amended-- 7#a7 in subsection 7b77#a71 by inserting and for fiscal year #bjca and each fiscal year thereafter after ,for each of fiscal years #bjbj through #bjbi2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a71 by striking for each of fiscal years #bjbj through #bjcd and inserting for fiscal year #bjbj and each fiscal year thereafter2 and 7,b7 in paragraph 7#c77;,c71 by striking for any authorized use and all that follows through the period at the end and inserting for any use authorized under paragraph 7#b742 and 7#c7 by striking subsection 7f74 #haajb4 ,conveyance capacity correction project 7a7 ,in general ,there is authorized to be appropriated to the ,secretary of the ,interior1 #bjj1jjj1jjj for fiscal years #bjbj through #bjbc1 in the aggregate1 for the acceleration and completion of repairs to water conveyance facilities at transferred works in ,reclamation ,states4 7b7 ,eligibility ,a project eligible for funding under this section is a project where-- 7#a7 repairs are major1 non-recurring maintenance of a mission critical asset2 7#b7 the ,secretary determines that the project has lost #ej percent or more of its designed carrying capacity along some portion of the facility2 and 7#c7 the additional water made available for conveyance through the project would be used primarily for groundwater recharge to assist in meeting groundwater sustainability goals defined under ,state law4 7c7 ,cost sharing 7#a7 ,federal share ,the ,federal share of the cost of carrying out an activity described in this section shall not be more than #ej percent4 7#b7 ,non-federal share ,the non-,federal share of the cost of carrying out an activity described in the section-- 7,a7 shall be not less than #ej percent2 and 7,b7 may be provided in cash or in-kind4 7d7 ,restrictions ,funds authorized to be appropriated under this section may not be used to build new surface storage1 raise existing reservoirs1 or enlarge the carrying capacity of a canal beyond the project's capacity as previously constructed by the ,bureau of ,reclamation4 7e7 ,environmental compliance ,in carrying out projects under this section1 the ,secretary of the ,interior shall comply with all applicable environmental laws1 including-- 7#a7 the ,national ,environmental ,policy ,act of #aifi2 7#b7 the ,endangered ,species ,act of #aigc2 and 7#c7 other applicable ,state law4 7f7 ,savings ,federal funds provided under this section shall be in addition to any and all ,federal funding authorized in statute for such purposes and shall be non-reimbursable4 #haajc4 ,funding parity for water management goals and restoration goals ,in addition to the funding authorized in section #ajjji of ,public ,law #aaa-aa1 there are authorized to be appropriated an additional #bjj1jjj1jjj 7at ,october #bjai price levels7 to implement the ,restoration ,goal of the ,settlement described in section #ajjjd of ,public ,law #aaa-aa4 ,b ,,future ,western ,water ,infrastructure and ,drought ,resiliency #habja4 ,short title ,this subtitle may be cited as the ,furthering ,underutilized ,technologies and ,unleashing ,responsible ,expenditures for ,western ,water ,infrastructure and ,drought ,resiliency ,act or the ,,future ,western ,water ,infrastructure and ,drought ,resiliency ,act4 #habjb4 ,definitions ,in this subtitle3 7#a7 ,relevant committees of congress ,the term relevant committees of ,congress means-- 7,a7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 the ,committee on ,energy and ,natural ,resources of the ,senate4 7#b7 ,reclamation state ,the term ,reclamation ,state means a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 unless otherwise defined in a particular provision4 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 #a ,infrastructure development #habaa4 ,competitive grant program for the funding of water recycling and reuse projects 7a7 ,competitive grant program for the funding of water recycling and reuse projects ,section #afjb7;f7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7title ,,xvi of ,public ,law #ajb-ege2 #dc ,u4,s4,c4 #cij;h et seq47 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,priority ,when funding projects under paragraph 7#a71 the ,secretary shall give funding priority to projects that meet one or more of the following criteria3 7,a7 ,projects that are likely to provide a more reliable water supply for ,states and local governments4 7,b7 ,projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by ,federal and ,state agencies4 7,c7 ,projects that are regional in nature4 7,d7 ,projects with multiple stakeholders4 7,e7 ,projects that provide multiple benefits1 including water supply reliability1 eco-system benefits1 groundwater management and enhancements1 and water quality improvements4 4 7b7 ,authorization of appropriations ,section #afjb7;g7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7title ,,xvi of ,public ,law #ajb-ege2 #dc ,u4,s4,c4 #cij;h et seq47 is amended-- 7#a7 by striking #ej1jjj1jjj and inserting #ejj1jjj1jjj through fiscal year #bjbe2 and 7#b7 by striking if enacted appropriations legislation designates funding to them by name14 7c7 ,duration ,section #djac of the ,,wiin ,act 7#dc ,u4,s4,c4 #cij;b7#b77 is amended-- 7#a7 in paragraph 7#a71 by striking and2 7#b7 in paragraph 7#b71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 section #djji7;c74 4 7d7 ,limitation on funding ,section #afca7;d7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h-#ac7;d77 is amended by striking #bj1jjj1jjj 7,october #aiif prices7 and inserting #cj1jjj1jjj 7,january #bjai prices74 #habab4 ,storage project development reports to congress 7a7 ,definitions ,in this section3 7#a7 ,non-federal interest ,the term ,non-,federal interest means an eligible entity or a qualified partner 7as defined in section #habac7;a774 7#b7 ,project report ,the term project report means the following documents prepared for a ,federal storage project or major federally assisted storage project 7as defined in section #habac7;a773 7,a7 ,a feasibility study carried out pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 including any feasibility or equivalent studies prepared for a project pursuant to section #habac7;c77#g77;,b7 or section #habac7;d77#g77;,b77i7 of this subtitle4 7,b7 ,the ,fish and ,wildlife ,coordination ,act report described in section #habac7;g7 of this subtitle prepared for a project4 7,c7 ,any final document prepared for a project pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,d7 ,a brief description of any completed environmental permits1 approvals1 reviews1 or studies required for a project under any ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,e7 ,a description of any determinations made by the ,secretary under section #habac7;d77#g77;,a77ii7 for each project and the basis for such determinations4 7#c7 ,project study 7,a7 ,federal storage project ,with respect to a ,federal storage project 7as defined in section #habac7;a771 the term project study means a feasibility study carried out pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 including a feasibility study prepared pursuant to section #habac7;c77#g77;,b7 of this subtitle4 7,b7 ,major federally assisted storage project ,with respect to a major federally assisted storage project 7as defined in section #habac7;a771 the term project study means the feasibility or equivalent studies prepared pursuant to section #habac7;d77#g77;,b77i7 of this subtitle4 7b7 ,annual reports ,not later than ,february #a of each year1 the ,secretary shall develop and submit to the relevant committees of ,congress an annual report1 to be entitled ,report to ,congress on ,future ,storage ,project ,development1 that identifies the following3 7#a7 ,project reports ,each project report that meets the criteria established in subsection 7d77#a77;,a74 7#b7 ,proposed project studies ,any proposed project study submitted to the ,secretary by a non-,federal interest pursuant to subsection 7c7 that meets the criteria established in subsection 7d77#a77;,a74 7#c7 ,proposed modifications ,any proposed modification to an authorized project or project study that meets the criteria established in subsection 7d77#a77;,a7 that-- 7,a7 is submitted to the ,secretary by a non-,federal interest pursuant to subsection 7c72 or 7,b7 is identified by the ,secretary for authorization4 7c7 ,requests for proposals 7#a7 ,publication ,not later than ,may #a of each year1 the ,secretary shall publish in the ,federal ,register a notice requesting proposals from non-,federal interests for project reports1 proposed project studies1 and proposed modifications to authorized projects and project studies to be included in the annual report4 7#b7 ,deadline for requests ,the ,secretary shall include in each notice required by this subsection a requirement that non-,federal interests submit to the ,secretary any proposals described in paragraph 7#a7 by not later than #abj days after the date of publication of the notice in the ,federal ,register in order for the proposals to be considered for inclusion in the annual report4 7#c7 ,notification ,on the date of publication of each notice required by this subsection1 the ,secretary shall-- 7,a7 make the notice publicly available1 including on the internet2 and 7,b7 provide written notification of the publication to the relevant committees of ,congress4 7d7 ,contents 7#a7 ,project reports1 proposed project studies1 and proposed modifications 7,a7 ,criteria for inclusion in report ,the ,secretary shall include in the annual report only those project reports1 proposed project studies1 and proposed modifications to authorized projects and project studies that-- 7i7 are related to the missions and authorities of the ,department of the ,interior2 7ii7 require specific congressional authorization1 including by an ,act of ,congress2 7iii7 have not been congressionally authorized2 7iv7 have not been included in any previous annual report2 and 7v7 if authorized1 could be carried out by the ,department of the ,interior or a non-,federal entity eligible to carry out a major federally assisted storage project under section #habac4 7,b7 ,description of benefits 7i7 ,description ,the ,secretary shall describe in the annual report1 to the extent applicable and practicable1 for each proposed project study and proposed modification to an authorized project or project study included in the annual report1 the benefits1 as described in clause 7ii71 of each such study or proposed modification4 7ii7 ,benefits ,the benefits 7or expected benefits1 in the case of a proposed project study7 described in this clause are benefits to-- 7,i7 water supply and water management2 7,,ii7 the environment1 including fish and wildlife benefits estimated under section #habac7;g7 for a project report or proposed modification to an authorized project2 7,,iii7 the protection of human life and property2 7,,iv7 the national economy2 or 7,v7 the national security interests of the ,united ,states4 7,c7 ,identification of other factors ,the ,secretary shall identify in the annual report1 to the extent practicable-- 7i7 for each proposed project study included in the annual report1 the non-,federal interest that submitted the proposed project study pursuant to subsection 7c72 and 7ii7 for each proposed project study and proposed modification to a project or project study included in the annual report1 whether the non-,federal interest has demonstrated-- 7,i7 that local support exists for the proposed project study or proposed modification to an authorized project or project study 7including the project that is the subject of the proposed project study or the proposed modification to an authorized project study72 and 7,,ii7 the financial ability to provide the required non-,federal cost share4 7#b7 ,transparency ,the ,secretary shall include in the annual report1 for each project report1 proposed project study1 and proposed modification to a project or project study included under paragraph 7#a77;,a7-- 7,a7 the name of the associated non-,federal interest1 including the name of any non-,federal interest that has contributed1 or is expected to contribute1 a non-,federal share of the cost of-- 7i7 the project report2 7ii7 the proposed project study2 7iii7 the authorized project study for which the modification is proposed2 or 7iv7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the project report2 7bb7 the proposed project study2 or 7cc7 the authorized project study for which a modification is proposed2 or 7,,ii7 the proposed modification to a project2 7,b7 a letter or statement of support for the project report1 proposed project study1 or proposed modification to a project or project study from each associated non-,federal interest2 7,c7 the purpose of the project report1 proposed project study1 or proposed modification to a project or project study2 7,d7 an estimate1 to the extent practicable1 of the ,federal1 non-,federal1 and total costs of-- 7i7 the proposed modification to an authorized project study2 and 7ii7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the project report2 or 7bb7 the authorized project study for which a modification is proposed1 with respect to the change in costs resulting from such modification2 or 7,,ii7 the proposed modification to an authorized project2 and 7,e7 an estimate1 to the extent practicable1 of the monetary and nonmonetary benefits of-- 7i7 the project that is the subject of-- 7,i7 the project report2 or 7,,ii7 the authorized project study for which a modification is proposed1 with respect to the benefits of such modification2 or 7ii7 the proposed modification to an authorized project4 7#c7 ,certification ,the ,secretary shall include in the annual report a certification stating that each project report1 proposed project study1 and proposed modification to a project or project study included in the annual report meets the criteria established in paragraph 7#a77;,a74 7#d7 ,appendix ,the ,secretary shall include in the annual report an appendix listing the proposals submitted under subsection 7c7 that were not included in the annual report under paragraph 7#a77;,a7 and a description of why the ,secretary determined that those proposals did not meet the criteria for inclusion under such paragraph4 7e7 ,special rule for initial annual report ,notwithstanding any other deadlines required by this section1 the ,secretary shall-- 7#a7 not later than #fj days after the date of the enactment of this ,act1 publish in the ,federal ,register a notice required by subsection 7c77#a72 and 7#b7 include in such notice a requirement that non-,federal interests submit to the ,secretary any proposals described in subsection 7c77#a7 by not later than #abj days after the date of publication of such notice in the ,federal ,register in order for such proposals to be considered for inclusion in the first annual report developed by the ,secretary under this section4 7f7 ,publication ,upon submission of an annual report to ,congress1 the ,secretary shall make the annual report publicly available1 including through publication on the ,internet4 7g7 ,consultation ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall confer with the relevant committees of ,congress before submitting each annual report prepared under subsection 7b74 7h7 ,submission of individual project reports ,upon completion1 project reports1 including all required documents and reports under subsection 7b71 shall-- 7#a7 be submitted to the relevant committees of ,congress2 and 7#b7 include discussion of the following findings by the ,secretary-- 7,a7 whether the project is deemed to be feasible in accordance with the applicable feasibility standards under section #habac and the reclamation laws2 7,b7 ,the degree to which the project will provide benefits 7or expected benefits1 in the case of a proposed project study7 as described in subsection 7d77#a77;,b77ii7 and other benefits under the reclamation laws2 and 7,c7 whether the project complies with ,federal1 ,state1 and local laws4 #habac4 ,funding for storage and supporting projects 7a7 ,definitions ,in this section3 7#a7 ,design2 study 7,a7 ,in general ,the terms design and study include any design1 permitting1 study 7including a feasibility study71 materials engineering or testing1 surveying1 or preconstruction activity relating to a ,federal storage project1 a major federally assisted storage project1 a natural water storage project1 or a standard federally assisted storage project as defined in this subsection4 7,b7 ,exclusions ,the terms design and study do not include an appraisal study or other preliminary review intended to determine whether further study is appropriate for a ,federal storage project1 a major federally assisted storage project1 a natural water storage project1 or a standard federally assisted storage project as defined in this subsection4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 any ,state1 political subdivision of a ,state1 department of a ,state1 or public agency organized pursuant to ,state law2 7,b7 an ,indian ,tribe or an entity controlled by an ,indian ,tribe2 7,c7 a water users' association2 7,d7 an agency established by an interstate compact2 and 7,e7 an agency established under ,state law for the joint exercise of powers4 7#c7 ,federal storage project ,the term ,federal storage project means-- 7,a7 any project in a ,reclamation ,state that involves the construction1 expansion1 upgrade1 or capital repair of a water storage facility or a facility conveying water to or from a surface or groundwater storage facility-- 7i7 to which the ,united ,states holds title2 and 7ii7 that was authorized to be constructed1 operated1 and maintained pursuant to-- 7,i7 the reclamation laws2 or 7,,ii7 the ,act of ,august #aa1 #aici 7commonly known as the ,water ,conservation and ,utilization ,act 7#af ,u4,s4,c4 #eijy et seq4772 or 7,b7 an ecosystem restoration project for watershed function1 including a forest or watershed restoration project1 that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading into a water storage facility in a ,reclamation ,state-- 7i7 to which the ,united ,states holds title2 and 7ii7 that was authorized to be constructed1 operated1 and maintained pursuant to-- 7,i7 the reclamation laws2 or 7,,ii7 the ,act of ,august #aa1 #aici 7commonly known as the ,water ,conservation and ,utilization ,act 7#af ,u4,s4,c4 #eijy et seq4774 7#d7 ,fish and wildlife benefits ,the term fish and wildlife benefits means overall benefits or improvements to aquatic ecosystems and native fish and wildlife within a ,reclamation ,state1 including benefits for a wildlife refuge1 that are in excess of-- 7,a7 existing fish and wildlife mitigation or compliance obligations under-- 7i7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7ii7 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq472 7iii7 the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #djhb72 7iv7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7v7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7vi7 any other ,federal law1 ,state law or other existing requirement in regulations1 permits1 contracts1 licenses1 grants1 or orders and decisions from courts or ,state or ,federal agencies2 or 7,b7 existing environmental mitigation or compliance obligations as defined in section #fjja7;a77#cb7 of title #bc of the ,california ,code of ,regulations1 with respect to benefits and improvements to aquatic ecosystems and native fish and wildlife within the ,state of ,california1 in recognition of the ,state of ,california's existing prohibitions against the use of public funds for environmental mitigation required under ,federal and ,state law4 7#e7 ,major federally assisted storage project ,the term major federally assisted storage project means any project in a ,reclamation ,state that-- 7,a7 involves the construction1 expansion1 upgrade1 or capital repair by an eligible entity or qualified partner of-- 7i7 a surface or groundwater storage facility that is not federally owned2 or 7ii7 a facility that is not federally owned conveying water to or from a surface or groundwater storage facility2 or 7,b7 is an ecosystem restoration project for watershed function1 including a forest or watershed restoration project1 that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading for a project described in subparagraph 7,a72 and 7,c7 provides benefits described in section #habab7;d77#a77;,b77ii72 and 7,d7 has a total estimated cost of more than #bej1jjj1jjj4 7#f7 ,natural water storage project ,the term natural water storage project means a single project1 a number of distributed projects across a watershed1 or the redesign and replacement1 or removal1 of built infrastructure to incorporate elements1 where the project or elements have the following characteristics3 7,a7 ,uses primarily natural materials appropriate to the specific site and landscape setting4 7,b7 ,largely relies on natural riverine1 wetland1 hydrologic1 or ecological processes4 7,c7 ,results in aquifer recharge1 transient floodplain water retention1 or reconnection of historic floodplains to their stream channels with water retention benefits within a ,reclamation ,state4 7,d7 ,is designed to produce two or more of the following environmental benefits3 7i7 ,stream flow changes beneficial to watershed health4 7ii7 ,fish and wildlife habitat or migration corridor restoration4 7iii7 ,floodplain reconnection and inundation4 7iv7 ,riparian or wetland restoration and improvement4 7#g7 ,standard federally assisted storage project ,the term standard federally assisted storage project means any project in a ,reclamation ,state that-- 7,a7 involves the construction1 expansion1 upgrade1 or capital repair by an eligible entity or qualified partner of-- 7i7 a surface or groundwater storage facility that is not federally owned2 or 7ii7 a facility that is not federally owned conveying water to or from a surface or groundwater storage facility2 or 7,b7 is an ecosystem restoration project for watershed function1 including a forest or watershed restoration project1 that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading for a project described in subparagraph 7,a72 7,c7 provides benefits described in section #habab7;d77#a77;,b77ii72 and 7,d7 has a total estimated cost of #bej1jjj1jjj or less4 7#h7 ,qualified partner ,the term qualified partner means a non-profit organization operating in a ,reclamation ,state4 7#i7 ,reclamation laws ,the term reclamation laws means ,federal reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh2 chapter #ajic771 and ,acts supplemental to and amendatory of that ,act4 7b7 ,storage project funding ,there is authorized to be appropriated a total of #gej million for use by the ,secretary through fiscal year #bjbf to advance-- 7#a7 ,federal storage projects within a ,reclamation ,state in accordance with subsection 7c72 7#b7 major federally assisted storage projects within a ,reclamation ,state in accordance with subsection 7d72 7#c7 natural water storage projects within a ,reclamation ,state in accordance with subsection 7e72 7#d7 standard federally assisted storage projects within a ,reclamation ,state in accordance with subsection 7f72 or 7#e7 grandfathered storage projects in accordance with section #habad4 7c7 ,federal storage projects 7#a7 ,agreements ,on request of an eligible entity or qualified partner and in accordance with this subsection1 the ,secretary may negotiate and enter into an agreement on behalf of the ,united ,states for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a ,federal storage project located in a ,reclamation ,state4 7#b7 ,federal share ,subject to the requirements of this subsection1 the ,secretary may fund up to #ej percent of the design and study costs of a ,federal storage project and up to #ej percent of the construction costs of a ,federal storage project4 7#c7 ,conditions for federal design and study funding ,funding provided under this subsection may be made available for the design and study of a ,federal storage project if-- 7,a7 the ,secretary secures a cost share agreement for design and study costs providing sufficient upfront funding to pay the non-,federal share of the design and study costs of the ,federal storage project2 and 7,b7 the feasibility study for the ,federal storage project is congressionally authorized by reference to the annual ,report to ,congress on ,future ,storage ,project ,development prepared under section #habab4 7#d7 ,conditions for federal construction funding ,funding provided under this subsection for the construction of a ,federal storage project may be made available to a project if-- 7,a7 the project has been authorized by name in a ,federal statute2 7,b7 the project is a multi-benefit project that would1 at a minimum1 provide water supply reliability benefits 7including additional storage1 conveyance1 or new firm yield7 and fish and wildlife benefits as determined by the final estimate prepared pursuant to subsection 7g72 7,c7 construction funding for the project is congressionally approved by reference to the annual ,report to ,congress on ,future ,storage ,project ,development prepared under section #habab2 7,d7 the ,secretary secures an agreement providing sufficient upfront funding to pay the non-,federal share of the construction costs of the ,federal storage project2 and 7,e7 ,the ,secretary determines-- 7i7 the project is technically and financially feasible2 7ii7 the project provides water supply reliability benefits for a ,state or local government and fish and wildlife benefits2 and 7iii7 in return for the ,federal cost-share investment in the project1 at least a proportionate share of the project benefits are for-- 7,i7 fish and wildlife benefits as determined under subsection 7g72 or 7,,ii7 non-reimbursable expenses authorized under the reclamation laws other than fish and wildlife expenses4 7#e7 ,notification ,the ,secretary shall submit to the relevant committees of ,congress and make publicly available on the internet a written notification of the ,secretary's determinations regarding the satisfaction of the requirements under paragraphs 7#c7 and 7#d7 by not later than #cj days after the date of the determinations4 7#f7 ,environmental laws ,in participating in a ,federal storage project under this subsection1 the ,secretary shall comply with all applicable ,federal environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and all ,state environmental laws of the ,reclamation ,state in which the project is located involving the construction1 expansion or operation of a water storage project or fish and wildlife protection1 provided that no law or regulation of a ,state or political subdivision of a ,state relieve the ,secretary of any ,federal requirement otherwise applicable under this section4 7#g7 ,additional guidelines for restoration projects that reduce the risk of water storage losses 7,a7 ,requirements ,a restoration project described in section #habac7;a77#c77;,b7 that receives funding under this subsection must-- 7i7 have the potential to reduce the risk of water storage losses for a ,federal storage project described in subsection 7a77#c77;,a7 by reducing the risk of erosion or sediment loading2 and 7ii7 be designed to result in fish and wildlife benefits4 7,b7 ,draft feasibility study ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall issue draft requirements for feasibility studies for ,federal storage projects described in section #habac7;a77#c77;,b74 7,c7 ,feasibility study requirements ,the draft feasibility study requirements issued under subparagraph 7,b7 shall be consistent with requirements for a title ,,xvi ,feasibility ,study ,report1 including the economic analysis1 contained in the ,reclamation ,manual ,directives and ,standards numbered ,,wtr #aa-ja1 subject to any additional requirements necessary to provide sufficient information for making determinations under this section4 7,d7 ,final feasibility study requirements ,the ,secretary shall finalize the feasibility study requirements under subparagraph 7,c7 by not later than #a year after the date of the enactment of this ,act4 7,e7 ,eligible partner ,the ,secretary is authorized to participate in a restoration project described in subsection 7a77#c77;,b7 with a partner that is-- 7i7 an eligible entity as defined in subsection 7a77#b72 or 7ii7 a qualified partner as defined in subsection 7a77#h74 7d7 ,major federally assisted storage projects 7#a7 ,in general ,in accordance with this subsection1 the ,secretary shall establish a competitive grant program to participate in the design1 study1 construction1 expansion1 upgrade1 or capital repair of a major federally assisted storage project on request of an eligible entity or qualified partner4 ,the competitive grant program established under this paragraph shall-- 7,a7 allow any project sponsor of a major federally assisted storage project to apply for funding for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a major federally assisted storage project2 7,b7 include the issuance of annual solicitations for major federally assisted storage project sponsors to apply for funding for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a major federally assisted storage project2 and 7,c7 permit the ,secretary to fund up to #be percent of the design and study costs of a major federally assisted storage project and up to #be percent of the construction costs of a major federally assisted storage project4 7#b7 ,funding priority for multi-benefit projects ,in making grants under this subsection1 the ,secretary shall give funding priority to multi-benefit projects that provide greater-- 7,a7 water supply reliability benefits for ,states and local governments2 and 7,b7 fish and wildlife benefits4 7#c7 ,conditions for federal design and study funding ,the ,secretary may fund a design or study activity for a major federally assisted storage project under this subsection if-- 7,a7 the ,governor of the ,state in which the major federally assisted storage project is located provides written concurrence for the design and study activities2 7,b7 the ,secretary secures an agreement for design and study costs providing sufficient upfront funding to pay the non-,federal share of the design and study costs of the major federally assisted storage project2 and 7,c7 the feasibility study for the major federally assisted storage project is congressionally authorized by reference to the annual ,report to ,congress on ,future ,storage ,project ,development prepared under section #habab4 7#d7 ,conditions for federal construction funding ,funding provided under this subsection for the construction of a major federally assisted storage project may be made available to a project if-- 7,a7 the project has been authorized by name in a ,federal statute2 7,b7 the project is a multi-benefit project that would1 at a minimum1 provide water supply reliability benefits 7including additional storage1 conveyance1 or new firm yield7 and fish and wildlife benefits as determined by the estimate prepared pursuant to subsection 7g72 7,c7 the ,governor of the ,state in which the major federally assisted storage project is located has requested ,federal participation at the time construction is initiated2 7,d7 the ,secretary secures an agreement committing to pay the non-,federal share of the capital costs of the major federally assisted storage project2 and 7,e7 the ,secretary determines-- 7i7 the project is technically and financially feasible2 7ii7 the project provides water supply reliability benefits for a ,state or local government and fish and wildlife benefits2 and 7iii7 in return for the ,federal cost-share investment in the project1 at least a proportionate share of the project benefits are for-- 7,i7 fish and wildlife benefits as determined under subsection 7g72 or 7,,ii7 other non-reimbursable expenses authorized under the reclamation laws other than fish and wildlife expenses4 7#e7 ,notification ,the ,secretary shall submit to the relevant committees of ,congress and make publicly available on the internet a written notification of the ,secretary's determinations regarding the satisfaction of the requirements under paragraphs 7#c7 and 7#d7 by not later than #cj days after the date of the determinations4 7#f7 ,environmental laws ,in participating in a major federally assisted storage project under this subsection1 the ,secretary shall comply with all applicable ,federal environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and all ,state environmental laws of the ,reclamation ,state in which the project is located involving the construction1 expansion or operation of a water storage project or fish and wildlife protection1 provided that no law or regulation of a ,state or political subdivision of a ,state relieve the ,secretary of any ,federal requirement otherwise applicable under this section4 7#g7 ,information 7,a7 ,in general ,in participating in a major federally assisted storage project under this subsection1 the ,secretary-- 7i7 may consider the use of feasibility or equivalent studies prepared by the sponsor of the major federally assisted storage project2 but 7ii7 shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of reports prepared by the ,secretary4 7,b7 ,guidelines 7i7 ,draft ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall issue draft guidelines for feasibility or equivalent studies for major federally assisted storage projects prepared by a project sponsor that shall be consistent with requirements for a title ,,xvi ,feasibility ,study ,report1 including the economic analysis1 contained in the ,reclamation ,manual ,directives and ,standards numbered ,,wtr #aa-ja1 subject to-- 7,i7 any additional requirements necessary to provide sufficient information for making any determinations or assessments under paragraphs 7#b71 7#c71 and 7#d72 and 7,,ii7 the condition that the ,bureau of ,reclamation shall not bear responsibility for the technical adequacy of any design1 cost estimate1 or construction relating to a major federally assisted storage project4 7ii7 ,final ,the ,secretary shall finalize the guidelines under clause 7i7 by not later than #a year after the date of the enactment of this ,act4 7,c7 ,technical assistance for feasibility studies 7i7 ,technical assistance ,at the request of an eligible entity or qualified partner1 the ,secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by the eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the ,secretary to pay all costs of providing the technical assistance4 7ii7 ,impartial decisionmaking ,in providing technical assistance under clause 7i71 the ,secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the ,secretary1 either substantively or procedurally4 7iii7 ,effect of technical assistance ,the provision of technical assistance by the ,secretary under clause 7i7 shall not be considered to be an approval or endorsement of a feasibility study4 7#h7 ,eligible partner ,the ,secretary is authorized to participate in a restoration project described in subsection 7a77#d77;,b7 with a partner that is-- 7,a7 an eligible entity as defined in subsection 7a77#b72 or 7,b7 a qualified partner as defined in subsection 7a77#h74 7e7 ,natural water storage projects 7#a7 ,in general ,in accordance with this subsection1 the ,secretary shall establish a competitive grant program to participate in the design1 study1 construction1 expansion1 upgrade1 or capital repair of a natural water storage project in a ,reclamation ,state on request of an eligible entity or qualified partner4 ,the competitive grant program established under this paragraph shall-- 7,a7 allow any project sponsor of a natural water storage project to apply for funding for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a natural water storage project2 and 7,b7 include the issuance of annual solicitations for natural water storage project sponsors to apply for funding for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a natural water storage project4 7#b7 ,funding priority for multi-benefit projects ,in making grants under this subsection1 the ,secretary shall give funding priority to multi-benefit projects that provide greater-- 7,a7 water supply reliability benefits for ,states and local governments2 and 7,b7 fish and wildlife benefits4 7#c7 ,federal share ,subject to the requirements of this subsection1 the ,secretary may provide funding to an eligible entity or qualified partner for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a natural water storage project in an amount equal to not more than #hj percent of the total cost of the natural water storage project4 7#d7 ,conditions for federal design and study funding ,the ,secretary may fund a design or study activity for a natural water storage project under this subsection if the ,governor of the ,state in which the natural water storage project is located provides written concurrence for design and study activities4 7#e7 ,conditions for federal construction funding ,funding provided under this subsection for the construction of a natural water storage project may be made available to a project if-- 7,a7 the ,governor of the ,state in which the natural water storage project is located has requested ,federal participation at the time construction was initiated2 7,b7 the ,secretary determines or the applicable non-,federal sponsor determines through the preparation of a feasibility or equivalent study prepared in accordance to paragraph 7#i71 and the ,secretary concurs1 that-- 7i7 the project is technically and financially feasible2 7ii7 the project provides water supply reliability benefits for a ,state or local government and fish and wildlife benefits2 and 7iii7 in return for the ,federal cost-share investment in the project1 at least a proportionate share of the project benefits are for non-reimbursable expenses authorized under the reclamation laws or for fish and wildlife benefits as defined in this section1 which shall be considered a fully non-reimbursable ,federal expenditure2 and 7,c7 the ,secretary secures an agreement committing to pay the non-,federal share of the construction costs of the project4 7#f7 ,environmental laws ,in participating in a natural water storage project under this subsection1 the ,secretary shall comply with all applicable ,federal environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and all ,state environmental laws of the ,reclamation ,state in which the project is located involving the construction1 expansion or operation of a water storage project or fish and wildlife protection1 provided that no law or regulation of a ,state or political subdivision of a ,state relieve the ,secretary of any ,federal requirement otherwise applicable under this section4 7#g7 ,information ,in participating in a natural water storage project under this subsection1 the ,secretary-- 7,a7 may consider the use of feasibility or equivalent studies prepared by the sponsor of the natural water storage project if the sponsor elects to prepare such reports2 but 7,b7 shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of studies prepared by the ,secretary4 7#h7 ,notification ,the ,secretary shall submit to the relevant committees of ,congress and make publicly available on the internet a written notification of the ,secretary's determinations regarding the satisfaction of the requirements under paragraphs 7#d7 and 7#e7 by not later than #cj days after the date of the determinations4 7#i7 ,guidelines 7,a7 ,draft ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall issue draft guidelines for feasibility or equivalent studies for natural water storage projects prepared by a project sponsor that shall be consistent with this subsection1 provided that the ,department of the ,interior shall not bear responsibility for the technical adequacy of any design1 cost estimate1 or construction relating to a natural water storage project4 7,b7 ,final ,the ,secretary shall finalize the guidelines under subparagraph 7,a7 by not later than #a year after the date of the enactment of this ,act4 7,c7 ,technical assistance for feasibility studies 7i7 ,technical assistance ,at the request of an eligible entity or qualified partner1 the ,secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by an eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the ,secretary to pay all costs of providing the technical assistance4 7ii7 ,impartial decisionmaking ,in providing technical assistance under clause 7i71 the ,secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the ,secretary1 either substantively or procedurally4 7iii7 ,effect of technical assistance ,the provision of technical assistance by the ,secretary under clause 7i7 shall not be considered to be an approval or endorsement of a feasibility study4 7f7 ,standard federally assisted storage projects 7#a7 ,in general ,in accordance with this subsection1 the ,secretary shall establish a competitive grant program to participate in the design1 study1 construction1 expansion1 upgrade1 or capital repair of a standard federally assisted storage project on request of an eligible entity or qualified partner4 ,the competitive grant program established under this paragraph shall-- 7,a7 allow any project sponsor of a standard federally assisted storage project to apply for funding for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a federally assisted storage project2 7,b7 include the issuance of annual solicitations for standard federally assisted storage project sponsors to apply for funding for the design1 study1 construction1 expansion1 upgrade or capital repair of a standard federally assisted storage project2 and 7,c7 permit the ,secretary to fund up to #be percent of the total cost of a federally assisted storage project4 7#b7 ,selection of projects ,in making grants under this subsection1 the ,secretary shall give funding priority to projects that-- 7,a7 provide greater water supply reliability benefits for ,states and local governments1 including through aquifer storage and recovery wells1 in-lieu recharge activities that could be effectuated or expanded through additional infrastructure investments including interties1 and the establishment and use of recharge ponds1 including in an urban environment2 7,b7 provide greater fish and wildlife benefits2 and 7,c7 cost not more than #cj1jjj1jjj to allow greater participation and wider distribution of funds and program benefits4 7#c7 ,conditions for federal design and study funding ,the ,secretary may fund a design or study activity for a standard federally assisted storage project under this subsection if the ,governor of the ,state in which the federally assisted storage project is located provides written concurrence for design and study activities4 7#d7 ,conditions for federal construction funding ,funding provided under this subsection for the construction of a standard federally assisted storage project may be made available to a project if-- 7,a7 the ,governor of the ,state in which the federally assisted storage project is located has requested ,federal participation at the time construction was initiated2 and 7,b7 the ,secretary determines or the applicable non-,federal sponsor determines through the preparation of a feasibility or equivalent study prepared in accordance with paragraph 7#g71 and the ,secretary concurs1 that-- 7i7 the standard federally assisted storage project is technically and financially feasible2 7ii7 the standard federally assisted storage project provides water supply reliability benefits for a ,state or local government and fish and wildlife benefits2 and 7iii7 in return for the ,federal cost-share investment in the project1 at least a proportionate share of the project benefits are for non-reimbursable expenses authorized under the reclamation laws or for fish and wildlife benefits as defined in this section1 which shall be considered a fully non-reimbursable ,federal expenditure2 and 7,c7 the ,secretary secures an agreement committing to pay the non-,federal share of the construction costs of the project4 7#e7 ,notification ,the ,secretary shall submit to the relevant committees of ,congress and make publicly available on the internet a written notification of the ,secretary's determinations regarding the satisfaction of the requirements under paragraphs 7#c7 and 7#d7 by not later than #cj days after the date of the determinations4 7#f7 ,environmental laws ,in participating in a standard federally assisted storage project under this subsection1 the ,secretary shall comply with all applicable ,federal environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and all ,state environmental laws of the ,reclamation ,state in which the project is located involving the construction1 expansion or operation of a water storage project or fish and wildlife protection1 provided that no law or regulation of a ,state or political subdivision of a ,state relieve the ,secretary of any ,federal requirement otherwise applicable under this section4 7#g7 ,information 7,a7 ,in general ,in participating in a standard federally assisted storage project under this subsection1 the ,secretary-- 7i7 may consider the use of feasibility or equivalent studies prepared by the sponsor of the standard federally assisted storage project2 but 7ii7 shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of reports prepared by the ,secretary4 7,b7 ,guidelines 7i7 ,draft ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall issue draft guidelines for feasibility or equivalent studies for standard federally assisted storage projects prepared by a project sponsor that shall be consistent with requirements for a title ,,xvi ,feasibility ,study ,report1 including the economic analysis1 contained in the ,reclamation ,manual ,directives and ,standards numbered ,,wtr #aa-ja1 subject to-- 7,i7 any additional requirements necessary to provide sufficient information for making any determinations or assessments under paragraphs 7#b71 7#c7 and 7#d72 and 7,,ii7 the condition that the ,department of the ,interior shall not bear responsibility for the technical adequacy of any design1 cost estimate1 or construction relating to a standard federally assisted storage project4 7ii7 ,final ,the ,secretary shall finalize the guidelines under clause 7i7 by not later than #a year after the date of the enactment of this ,act4 7,c7 ,technical assistance for feasibility studies 7i7 ,technical assistance ,at the request of an eligible entity or qualified partner1 the ,secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by an eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the ,secretary to pay all costs of providing the technical assistance4 7ii7 ,impartial decisionmaking ,in providing technical assistance under clause 7i71 the ,secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the ,secretary1 either substantively or procedurally4 7iii7 ,effect of technical assistance ,the provision of technical assistance by the ,secretary under clause 7i7 shall not be considered to be an approval or endorsement of a feasibility study4 7#h7 ,committee resolution procedure 7,a7 ,in general ,no appropriation shall be made for a standard federally assisted storage project under this subsection1 the total estimated cost of which exceeds #ajj1jjj1jjj1 if such project has not been approved by a resolution adopted by the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7,b7 ,requirements for securing consideration ,for the purposes of securing consideration of approval under subparagraph 7,a71 the ,secretary shall provide to a committee referred to in subparagraph 7,a7 such information as the committee requests and the non-,federal sponsor shall provide to the committee information on the costs and relative needs for the federally assisted storage project4 7#i7 ,eligible partner ,the ,secretary is authorized to participate in a restoration project described in subsection 7a77#g77;,b7 with a partner that is-- 7,a7 an eligible entity as defined in subsection 7a77#b72 or 7,b7 a qualified partner as defined in subsection 7a77#h74 7g7 ,fish and wildlife losses and benefits 7#a7 ,definitions ,in this subsection-- 7,a7 ,the term ,best available scientific information and data means the use of the high-value information and data1 specific to the decision being made and the time frame available for making that decision1 to inform and assist management and policy decisions2 7,b7 ,the term ,director means-- 7i7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 or 7ii7 the ,united ,states ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service1 if a determination or fish and wildlife estimate made under this subsection is for an anadromous species or catadromous species4 7,c7 ,the term major water storage project means a major federally assisted storage project or ,federal storage project as defined under section #habab4 7#b7 ,purposes ,the purposes of this subsection are the following3 7,a7 ,to reverse widespread fish and wildlife species decline in the ,reclamation ,states4 7,b7 ,to help fund and assist in the preparation of reports required under the ,fish and ,wildlife ,coordination ,act for proposed water development projects4 7,c7 ,to instruct the ,director to prepare a report described in section #b7;b7 of the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffb7;b77 for each major water storage project that includes an estimate of fish and wildlife losses and fish and wildlife benefits derived from each such project1 based on the best available scientific information and data4 7,d7 ,to direct ,federal funds to major water storage projects that provide demonstrable1 measurable fish and wildlife benefits and associated ecosystem services benefits for taxpayers based on objective data and the expertise of the primary ,federal agency with jurisdiction over the management of fish and wildlife resources4 7,e7 ,to ensure that ,federal funds provided for fish and wildlife purposes under this section are used effectively in a manner that maximizes positive outcomes for fish and wildlife and associated ecosystem services benefits for taxpayers1 including benefits related to the domestic seafood supply and the enhancement and expansion of hunting1 fishing1 and other fish and wildlife related outdoor recreation opportunities within the ,reclamation ,states4 7#c7 ,estimation of fish and wildlife benefits and losses under the fish and wildlife coordination act ,the ,director shall prepare a report described in section #b7;b7 of the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffb7;b771 for each major water storage project that-- 7,a7 is based on the best available scientific information and data available2 and 7,b7 includes an estimate of fish and wildlife losses and fish and wildlife benefits derived from a major water storage project determined in accordance with this subsection4 7#d7 ,draft estimate 7,a7 ,use of best available scientific information and data available ,the ,director shall include in the ,fish and ,wildlife ,coordination ,act report prepared under paragraph 7#c7 a draft estimate of fish and wildlife losses and fish and wildlife benefits derived from a major water storage project4 7,b7 ,coordination ,a draft estimate required under subparagraph 7,a7 shall be prepared in coordination with the head of the ,state agency with jurisdiction over the fish and wildlife resources of the ,state in which the major water storage project is proposed to be carried out4 7,c7 ,applicable law2 requirements ,the draft estimate prepared under this paragraph shall-- 7i7 meet all the evaluation requirements of section #b7;b7 of the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffb7;b77 unless otherwise specified in this subsection2 7ii7 quantify and estimate the fish and wildlife benefits and any losses to native fish and wildlife from the proposed major water storage project2 and 7iii7 estimate whether the fish and wildlife benefits derived from the proposed major water storage project are likely to exceed the adverse fish and wildlife impacts4 7,d7 ,review2 availability ,the ,director shall ensure that any draft estimate prepared under this paragraph is-- 7i7 made available for peer review by an independent group of scientific experts2 and 7ii7 made available for a public review and comment period of not less than #cj days4 7#e7 ,final estimate ,using the best available scientific information and data1 the ,director shall prepare a final estimate of fish and wildlife benefits for each proposed major water storage project based on the applicable draft estimate prepared under paragraph 7#d71 after considering the results of the independent scientific peer review and public comment processes under paragraph 7#d77;,d74 7#f7 ,transmission2 availability ,a final estimate prepared under paragraph 7#e7 shall be-- 7,a7 transmitted to-- 7i7 the project applicant2 and 7ii7 the relevant ,state agency2 and 7,b7 made available to the public4 7#g7 ,recommendations ,if a final estimate under paragraph 7#e7 determines that the proposed major water storage project fails to provide fish and wildlife benefits1 the final estimate may identify potential recommendations to enable the project to provide fish and wildlife benefits or to reduce the project's adverse fish and wildlife impacts4 7#h7 ,importation of review standards ,sections #bjg7;i7 and #bjg7;j7 of the ,reclamation ,projects ,authorization and ,adjustment ,act of #aiib 7,public ,law #ajb-ege2 #ajf ,stat4 #dgji7 shall apply to a final estimate prepared under paragraph 7#e71 except that-- 7,a7 any reference contained in those sections to the ,secretary shall be considered to be a reference to the ,director as defined in this subsection2 7,b7 any reference contained in those sections to determination or determinations shall be considered to be a reference to estimate or estimates described in this subsection2 7,c7 any reference contained in those sections to subsection 7b71 7f77#a71 or 7g7 shall be considered to be a reference to paragraph 7#e7 of this subsection2 and 7,d7 any reference contained in those sections to this subsection shall be considered to be a reference to section #habac7;g7 of the ,moving ,forward ,act4 7#i7 ,funding for estimates ,there is authorized to be appropriated #aj1jjj1jjj through fiscal year #bjbf for the ,united ,states ,fish and ,wildlife ,service to prepare draft estimates under paragraph 7#d7 and final estimates under paragraph 7#e74 7#aj7 ,additional funding for estimates ,the authority under section #ffb7;e7 of the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffb7;b77 to transfer funds from the ,bureau of ,reclamation to the ,united ,states ,fish and ,wildlife ,service for ,fish and ,wildlife ,coordination ,act reports for proposed water development projects shall be deemed to extend to the preparation of a draft or final estimate prepared under paragraph 7#d7 or 7#e71 provided that any transfer of funds generally adheres to the #aiha ,transfer ,funding ,agreement between the ,united ,states ,fish and ,wildlife ,service and the ,bureau of ,reclamation or any successor agreement1 to the extent that any such agreement is consistent with the requirements of this subsection4 7#aa7 ,agency responsibilities ,the responsibility for preparing a draft and final estimate under this subsection shall reside with the ,united ,states ,fish and ,wildlife ,service and may not be delegated to another entity1 including another ,federal agency or bureau1 except for the ,united ,states ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service1 for the preparation of a draft or final estimate for anadromous species or catadromous species4 7#ab7 ,use of fish and wildlife estimates to inform federal spending for fish and wildlife purposes ,with respect to a major water storage project considered for ,federal funding under this section1 the ,director shall determine costs allocated to the specific purpose of providing fish and wildlife benefits1 based on the fish and wildlife benefits estimate for the applicable project or the best available scientific information and data available at the time a cost allocation determination is made4 ,in determining a cost allocation under this paragraph1 the ,director shall consult with the ,commissioner of the ,bureau of ,reclamation and may make a cost allocation determination for fish and wildlife benefits in accordance with existing cost allocation procedures1 to the extent that such procedures are consistent with the requirements of this subsection4 ,cost allocation determinations for all other non-reimbursable or reimbursable project purposes for a major water storage project advanced under this section shall be determined in accordance with existing cost allocation procedures under the reclamation laws4 7h7 ,preliminary studies ,of the amounts made available under subsection 7b71 not more than #be percent shall be provided for appraisal studies1 feasibility studies1 or other preliminary studies4 7i7 ,providing greater federal funding and support for multi-,benefit storage projects ,notwithstanding any non-,federal cost share requirement under the reclamation laws for water development projects1 any cost allocated to a water storage project under this section for the sole purpose of providing fish and wildlife benefits1 determined in accordance with all applicable requirements under this section1 shall be considered a #ajj percent non-reimbursable ,federal cost4 7j7 ,calfed reauthorization 7#a7 ,reauthorization ,title ,i of ,public ,law #ajh-cfa 7#aah ,stat4 #afha2 #abc ,stat4 #bhfj2 #abh ,stat4 #afd2 #abh ,stat4 #bcab2 #abi ,stat4 #bdjg2 #acj ,stat4 #ahff7 is amended by striking #bjbj each place it appears and inserting #bjbd4 7#b7 ,calfed description of activities ,subparagraph #ajc7;f77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afid7 is amended by striking 1 except that and all that follows through the end of the subparagraph4 7k7 ,effect ,nothing in this section is intended to authorize ,federal funds made available under subsection 7b7 for a project led by a non-profit organization1 as described in subsection 7a77#g71 except for a project that is a natural water storage project or forest restoration1 watershed restoration or other restoration project that reduces the risk of water storage loss described in subsection 7a74 #habad4 ,extension of existing requirements for grandfathered storage projects 7a7 ,purpose2 definition 7#a7 ,purpose ,the purpose of this section is to establish an expedited project advancement process for certain water storage projects that have already received some degree of evaluation under the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb7 or under certain ,state water storage project evaluations4 7#b7 ,definition of grandfathered storage project ,in this section1 the term grandfathered storage project means a storage project that has already been recommended for funding made available under section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb7 by the ,secretary or a ,state governor prior to ,june #a1 #bjbj1 except for any project within the ,state of ,california that-- 7,a7 has been evaluated for ,state storage funding awards by the ,california ,water ,commission pursuant to the ,california ,water ,quality1 ,supply1 and ,infrastructure ,improvement ,act1 approved by ,california voters on ,november #d1 #bjad1 and failed to receive a maximum conditional eligibility determination of at least #bjj million2 or 7,b7 is an on-stream storage project that has not been evaluated for ,state storage funding awards by the ,california ,water ,commission pursuant to the ,california ,water ,quality1 ,supply1 and ,infrastructure ,improvement ,act1 approved by ,california voters on ,november #d1 #bjad4 7b7 ,in general ,notwithstanding any other requirements of this subtitle1 grandfathered storage projects shall be eligible to receive funding authorized under section #habac7;b7 of this subtitle in accordance with this subsection4 7c7 ,requirements 7#a7 ,importation of wiin act requirements ,the following requirements shall apply to grandfathered storage projects3 sections #djjg7;c77#a7 through #djjg7;c77#d71 section #djjg7;f71 and section #djjg7;h77#b7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb71 except that any reference contained in those sections to ,state-led storage projects shall be considered to be a reference to grandfathered storage projects4 7#b7 ,prioritization ,the ,secretary shall give funding priority among grandfathered storage projects to those that provide greater and more reliable water supply benefits to wildlife refuges1 species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 or to commercially harvested salmon species4 7d7 ,applicability of ,,wiin act deadlines ,storage project deadlines described in section #djjg7;i7 and section #djac7b7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb7 shall not apply to any grandfathered storage project under this section4 #habae4 ,desalination project development 7a7 ,desalination projects authorization ,section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by striking the second paragraph 7#a7 7relating to projects7 and inserting the following3 7#b7 ,projects 7,a7 ,definitions ,in this paragraph3 7i7 ,eligible desalination project ,the term eligible desalination project means any project located in a ,reclamation ,state that-- 7,i7 involves an ocean or brackish water desalination facility-- 7aa7 constructed1 operated1 and maintained by a ,state1 ,indian ,tribe1 municipality1 irrigation district1 water district1 or other organization with water or power delivery authority2 or 7bb7 sponsored or funded by a ,state1 department of a ,state1 political subdivision of a ,state1 municipality or public agency organized pursuant to ,state law1 including through-- 7,,aa7 direct sponsorship or funding2 or 7,,bb7 indirect sponsorship or funding1 such as by paying for the water provided by the facility2 and 7,,ii7 provides a ,federal benefit in accordance with the reclamation laws4 7ii7 ,rural desalination project ,the term rural desalination project means an eligible desalination project that is designed to serve a community or group of communities1 each of which has a population of not more than #dj1jjj inhabitants4 7iii7 ,designated desalination project ,the term designated desalination project means an eligible desalination project that-- 7,i7 is an ocean desalination project that uses a subsurface intake2 7,,ii7 has a total estimated cost of #hj1jjj1jjj or less2 and 7,,iii7 is designed to serve a community or group of communities that collectively import more than #ge percent of their water supplies4 7,b7 ,cost-sharing requirement 7i7 ,in general ,subject to the requirements of this subsection and notwithstanding section #g1 the ,federal share of an eligible desalination project carried out under this subsection shall be-- 7,i7 not more than #be percent of the total cost of the eligible desalination project2 or 7,,ii7 in the case of a rural desalination project or a designated desalination project1 the applicable percentage determined in accordance with clause 7ii74 7ii7 ,rural desalination projects and designated desalination projects 7,i7 ,cost-sharing requirement for appraisal studies ,in the case of a rural desalination project carried out under this subsection1 the ,federal share of the cost of appraisal studies for the rural desalination project shall be-- 7aa7 #ajj percent of the total costs of the appraisal studies1 up to #bjj1jjj2 and 7bb7 if the total costs of the appraisal studies are more than #bjj1jjj1 #ej percent of any amounts over #bjj1jjj4 7,,ii7 ,cost-sharing requirement for feasibility studies ,in the case of a rural desalination project carried out under this subsection1 the ,federal share of the cost of feasibility studies for the rural desalination project shall be not more than #ej percent4 7,,iii7 ,cost-sharing requirement for construction costs ,in the case of a rural desalination project or a designated desalination project carried out under this subsection1 the ,federal share of the cost of construction of the rural desalination project shall not exceed the greater of-- 7aa7 #ce percent of the total cost of construction1 up to a ,federal cost of #bj1jjj1jjj2 or 7bb7 #be percent of the total cost of construction4 7,c7 ,state role ,participation by the ,secretary in an eligible desalination project under this paragraph shall not occur unless-- 7i7 7,i7 the eligible desalination project is included in a ,state-approved plan2 or 7,,ii7 the participation has been requested by the ,governor of the ,state in which the eligible desalination project is located2 and 7ii7 the ,state or local sponsor of the eligible desalination project determines1 and the ,secretary concurs1 that-- 7,i7 the eligible desalination project-- 7aa7 is technically and financially feasible2 7bb7 provides a ,federal benefit in accordance with the reclamation laws2 and 7cc7 is consistent with applicable ,state laws1 ,state regulations1 ,state coastal zone management plans and other ,state plans such as ,california's ,water ,quality ,control ,plan for the ,ocean ,waters in ,california2 7,,ii7 sufficient non-,federal funding is available to complete the eligible desalination project2 and 7,,iii7 the eligible desalination project sponsors are financially solvent2 and 7iii7 the ,secretary submits to ,congress a written notification of the determinations under clause 7ii7 by not later than #cj days after the date of the determinations4 7,d7 ,environmental laws ,in participating in an eligible desalination project under this paragraph1 the ,secretary shall comply with all applicable environmental laws1 including1 but not limited to1 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and ,state laws implementing the ,coastal ,zone ,management ,act4 7,e7 ,information ,in participating in an eligible desalination project under this subsection1 the ,secretary-- 7i7 may consider the use of reports prepared by the sponsor of the eligible desalination project1 including feasibility or equivalent studies1 environmental analyses1 and other pertinent reports and analyses2 but 7ii7 shall retain responsibility for making the independent determinations described in subparagraph 7,c74 7,f7 ,funding 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this paragraph #bfj1jjj1jjj for the period of fiscal years #bjba through #bjbe1 to remain available until expended1 of which not less than #ae1jjj1jjj shall be made available during that period for rural desalination projects4 7ii7 ,congressional approval initially required 7,i7 ,in general ,each initial award under this paragraph for design and study or for construction of an eligible desalination project shall be approved by an ,act of ,congress4 7,,ii7 ,reclamation recommendations ,the ,commissioner of ,reclamation shall submit recommendations regarding the initial award of preconstruction and construction funding for consideration under subclause 7,i7 to-- 7aa7 the ,committee on ,appropriations of the ,senate2 7bb7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7cc7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7dd7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7iii7 ,subsequent funding awards ,after approval by ,congress of an initial award of preconstruction or construction funding for an eligible desalination project under clause 7ii71 the ,commissioner of ,reclamation may award additional preconstruction or construction funding1 respectively1 for the eligible desalination project without further congressional approval4 7,g7 ,total dollar cap ,the ,secretary shall not impose a total dollar cap on ,federal contributions for individual desalination projects receiving funding under this paragraph4 4 7b7 ,prioritization for projects ,section #d of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,prioritization ,in carrying out demonstration and development activities under this section1 the ,secretary and the ,commissioner of ,reclamation shall each prioritize projects-- 7#a7 for the benefit of drought-stricken ,states and communities2 7#b7 for the benefit of ,states that have authorized funding for research and development of desalination technologies and projects2 7#c7 that demonstrably reduce a reliance on imported water supplies that have an impact on species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#d7 that1 in a measurable and verifiable manner1 reduce a reliance on imported water supplies from imperiled ecosystems such as the ,sacramento-,san ,joaquin ,river ,delta2 7#e7 that demonstrably leverage the experience of international partners with considerable expertise in desalination1 such as the state of ,israel2 7#f7 that maximize use of renewable energy to power desalination facilities2 7#g7 that maximize energy efficiency so that the lifecycle energy demands of desalination are minimized2 7#h7 located in regions that have employed strategies to increase water conservation and the capture and recycling of wastewater and stormwater2 and 7#i7 that meet the following criteria if they are ocean desalination facilities-- 7,a7 utilize a subsurface intake or1 if a subsurface intake is not technologically feasible1 an intake that uses the best available site1 design1 technology1 and mitigation measures to minimize the mortality of all forms of marine life and impacts to coastal dependent resources2 7,b7 are sited and designed to ensure that the disposal of wastewaters including brine from the desalination process-- 7i7 are not discharged in a manner that increases salinity levels in impaired bodies of water1 or ,state or ,federal ,marine ,protected ,areas2 and 7ii7 achieve ambient salinity levels within a reasonable distance from the discharge point2 7,c7 are sited1 designed1 and operated in a manner that maintains indigenous marine life and a healthy and diverse marine community2 7,d7 do not cause significant unmitigated harm to aquatic life2 and 7,e7 include a construction and operation plan designed to minimize loss of coastal habitat as well as aesthetic1 noise1 and air quality impacts4 4 7c7 ,recommendations to congress ,in determining project recommendations to ,congress under section #d7;a77#b77;,f77ii77,,ii7 of the ,water ,desalination ,act of #aiif1 the ,commissioner of ,reclamation shall establish a priority scoring system that assigns priority scores to each project evaluated based on the prioritization criteria of section #d7;c7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih74 #habaf4 ,assistance for disadvantaged communities without adequate drinking water 7a7 ,in general ,the ,secretary shall provide grants within the ,reclamation ,states to assist eligible applicants in planning1 designing1 or carrying out projects to help disadvantaged communities address a significant decline in the quantity or quality of drinking water4 7b7 ,eligible applicants ,to be eligible to receive a grant under this section1 an applicant shall submit an application to the ,secretary that includes a proposal of the project or activity in subsection 7c7 to be planned1 designed1 constructed1 or implemented1 the service area of which-- 7#a7 shall not be located in any city or town with a population of more than #fj1jjj residents2 and 7#b7 has a median household income of less than #ajj percent of the nonmetropolitan median household income of the ,state4 7c7 ,eligible projects ,projects eligible for grants under this program may be used for-- 7#a7 emergency water supplies2 7#b7 distributed treatment facilities2 7#c7 construction of new wells and connections to existing water source systems2 7#d7 water distribution facilities2 7#e7 connection fees to existing systems2 7#f7 assistance to households to connect to water facilities2 7#g7 local resource sharing1 including voluntary agreements between water systems to jointly contract for services or equipment1 or to study or implement the physical consolidation of two or more water systems2 7#h7 technical assistance1 planning1 and design for any of the activities described in paragraphs 7#a7 through 7#g72 or 7#i7 any combination of activities described in paragraphs 7#a7 through 7#h74 7d7 ,prioritization ,in determining priorities for funding projects1 the ,secretary shall take into consideration-- 7#a7 where the decline in the quantity or quality of water poses the greatest threat to public health and safety2 7#b7 the degree to which the project provides a long-term solution to the water needs of the community2 and 7#c7 whether the applicant has the ability to qualify for alternative funding sources4 7e7 ,maximum amount ,the amount of a grant provided under this section may be up to #ajj percent of costs1 including-- 7#a7 initial operation costs incurred for startup and testing of project facilities2 7#b7 costs of components to ensure such facilities and components are properly operational2 and 7#c7 costs of operation or maintenance incurred subsequent to placing the facilities or components into service4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj1 to remain available until expended4 7g7 ,coordination required ,in carrying out this section1 the ,secretary shall consult with the ,secretary of ,agriculture and the ,administrator of the ,environmental ,protection ,agency to identify opportunities to improve the efficiency1 effectiveness1 and impact of activities carried out under this section to help disadvantaged communities address a significant decline in the quantity or quality of drinking water4 7h7 ,report on affordability1 discrimination1 and civil rights violations1 and data collection 7#a7 ,study 7,a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study on water and sewer services1 in accordance with this subsection4 7,b7 ,affordability ,in conducting the study under paragraph 7#a71 the ,comptroller shall study water affordability nationwide1 including-- 7i7 rates for water and sewer services1 increases in such rates during the ten-year period preceding such study1 and water service disconnections due to unpaid water service charges2 and 7ii7 the effectiveness of funding under section #adeb of the ,safe ,drinking ,water ,act and under section #fja of the ,federal ,water ,pollution ,control ,act for promoting affordable1 equitable1 transparent1 and reliable water and sewer service4 7,c7 ,discrimination and civil rights ,in conducting the study under paragraph 7#a71 the ,comptroller1 in collaboration with the ,civil ,rights ,division of the ,department of ,justice1 shall study-- 7i7 discriminatory practices of water and sewer service providers2 and 7ii7 violations by such service providers that receive ,federal assistance of civil rights under title ,,vi of the ,civil ,rights ,act of #aifd with regard to equal access to water and sewer services4 7,d7 ,data collection ,in conducting the study under paragraph 7#a71 the ,comptroller shall collect information1 assess the availability of information1 and evaluate the methodologies used to collect information1 related to-- 7i7 people living without water or sewer services2 7ii7 water service disconnections due to unpaid water service charges1 including disconnections experienced by households containing children1 elderly persons1 disabled persons1 chronically ill persons1 or other vulnerable populations2 and 7iii7 disparate effects1 on the basis of race1 gender1 or socioeconomic status1 of water service disconnections and the lack of public water service4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller shall submit to ,congress a report that contains-- 7,a7 the results of the study conducted under subsection 7a77#a72 and 7,b7 recommendations for utility companies1 ,federal agencies1 and ,states relating to such results4 #b ,,improved ,,technology ,,and ,,data #habba4 ,reauthorization of water availability and use assessment program ,section #iejh of ,public ,law #aaa-aa 7#db ,u4,s4,c4 #ajcfh7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking and at the end of paragraph 7#b77;,a77ii77,,vii72 7,b7 in paragraph 7#b77;,a77iii71 by adding and at the end2 7,c7 by adding at the end of paragraph 7#b77;,a7 the following3 7iv7 water supplies made available through water reuse and seawater and brackish desalination2 2 and 7,d7 by adding at the end the following3 7#c7 ,data integration ,in carrying out the assessment program1 the ,secretary shall1 to the greatest extent practicable-- 7,a7 integrate available data from new technologies where appropriate including data made available from drones and emerging remote sensing technologies2 and 7,b7 coordinate with relevant ,federal agencies and bureaus to develop common data requirements for-- 7i7 ,federal water data programs and efforts2 and 7ii7 geospatial data programs that can inform assessments of water availability and use under the assessment program4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,state water resource each place it appears and inserting ,state or ,tribal water resource2 7,b7 in the heading of paragraph 7#b71 by striking criteria and inserting state criteria2 7,c7 by inserting after paragraph 7#b7 the following 7and redesignating the succeeding paragraph accordingly73 7#c7 ,tribal criteria ,to be eligible to receive a grant under paragraph 7#a71 a ,tribal water resource agency shall demonstrate to the ,secretary that the water use and availability dataset proposed to be established or integrated by the ,tribal water resource agency-- 7,a7 is in compliance with each quality and conformity standard established by the ,secretary to ensure that the data will be capable of integration with any national dataset2 and 7,b7 will enhance the ability of the officials of the ,tribe or the ,tribal water resource agency to carry out water management responsibilities4 7#d7 ,tribal water resource agency definition ,for the purposes of this subsection1 the term ,tribal water resource agency means any agency of an ,indian ,tribe responsible for water resource planning and management4 2 and 7,d7 in paragraph 7#e7 7as so redesignated7-- 7i7 by inserting or ,tribal water resource agency after ,state water resource agency2 and 7ii7 by inserting within any #e-year period after #bej1jjj2 and 7#c7 in subsection 7e77#b71 by striking #bjji through #bjac and inserting #bjba through #bjbf4 #habbb4 ,renewal of advisory committee on water information 7a7 ,advisory committee renewed ,not later than #cj days after the date of the enactment of this paragraph1 the ,secretary shall renew the ,advisory ,committee on ,water ,information established by the ,office of ,management and ,budget ,memorandum ,no4 ,m-#ib-ja1 the charter for which was renewed by the ,secretary on ,june #bi1 #bjah4 7b7 ,termination ,the ,advisory ,committee renewed under this section shall not terminate except as provided by an ,act of ,congress4 #habbc4 ,desalination technology development ,the ,water ,desalination ,act of #aiif 7,public ,law #ajd-bih2 #db ,u4,s4,c4 #ajcja note7 is amended-- 7#a7 in section #d7;a77#a71 by inserting 1 including modules specifically designed for brine management after and concepts2 and 7#b7 in section #h7;b7-- 7,a7 by striking #c1jjj1jjj and inserting #bj1jjj1jjj2 and 7,b7 by striking #bjag through #bjba and inserting #bjba through #bjbf1 in addition to the authorization of appropriations for projects in section #d7;a77#b77;,f74 #habbd4 ,x-prize for water technology breakthroughs 7a7 ,water technology award program established ,the ,secretary1 working through the ,bureau of ,reclamation1 shall establish a program to award prizes to eligible persons described in subsection 7b7 for achievement in one or more of the following applications of water technology3 7#a7 ,demonstration of wastewater and industrial process water purification for reuse or desalination of brackish water or seawater with significantly less energy than current municipally and commercially adopted technologies4 7#b7 ,demonstration of portable or modular desalination units that can process #a to #e1jjj1jjj gallons per day that could be deployed for temporary emergency uses in coastal communities or communities with brackish groundwater supplies4 7#c7 ,demonstration of significant advantages over current municipally and commercially adopted reverse osmosis technologies as determined by the board established under subsection 7c74 7#d7 ,demonstration of significant improvements in the recovery of residual or waste energy from the desalination process4 7#e7 ,reducing open water evaporation4 7b7 ,eligible person ,an eligible person described in this subsection is-- 7#a7 an individual who is-- 7,a7 a citizen or legal resident of the ,united ,states2 or 7,b7 a member of a group that includes citizens or legal residents of the ,united ,states2 7#b7 an entity that is incorporated and maintains its primary place of business in the ,united ,states2 or 7#c7 a public water agency4 7c7 ,establishment of board 7#a7 ,in general ,the ,secretary shall establish a board to administer the program established under subsection 7a74 7#b7 ,membership ,the board shall be composed of not less than #ae and not more than #ba members appointed by the ,secretary1 of whom not less than #b shall-- 7,a7 be a representative of the interests of public water districts or other public organizations with water delivery authority2 7,b7 be a representative of the interests of academic organizations with expertise in the field of water technology1 including desalination or water reuse2 7,c7 be representative of a non-profit conservation organization2 7,d7 have expertise in administering award competitions2 and 7,e7 be a representative of the ,bureau of ,reclamation of the ,department of the ,interior with expertise in the deployment of desalination or water reuse4 7d7 ,awards ,subject to the availability of appropriations1 the board established under subsection 7c7 may make awards under the program established under subsection 7a7 as follows3 7#a7 ,financial prize ,the board may hold a financial award competition and award a financial award in an amount determined before the commencement of the competition to the first competitor to meet such criteria as the board shall establish4 7#b7 ,recognition prize 7,a7 ,in general ,the board may recognize an eligible person for superlative achievement in #a or more applications described in subsection 7a74 7,b7 ,no financial remuneration ,an award under this paragraph shall not include any financial remuneration4 7e7 ,administration 7#a7 ,contracting ,the board established under subsection 7c7 may contract with a private organization to administer a financial award competition described in subsection 7d77#a74 7#b7 ,solicitation of funds ,a member of the board or any administering organization with which the board has a contract under paragraph 7#a7 may solicit gifts from private and public entities to be used for a financial award under subsection 7d77#a74 7#c7 ,limitation on participation of donors ,the board may allow a donor who is a private person described in paragraph 7#b7 to participate in the determination of criteria for an award under subsection 7d71 but such donor may not solely determine the criteria for such award4 7#d7 ,no advantage for donation ,a donor who is a private person described in paragraph 7#c7 shall not be entitled to any special consideration or advantage with respect to participation in a financial award competition under subsection 7d77#a74 7f7 ,intellectual property ,the ,federal ,government may not acquire an intellectual property right in any product or idea by virtue of the submission of such product or idea in any competition under subsection 7d77#a74 7g7 ,liability ,the board established under subsection 7c7 may require a competitor in a financial award competition under subsection 7d77#a7 to waive liability against the ,federal ,government for injuries and damages that result from participation in such competition4 7h7 ,annual report ,each year1 the board established under subsection 7c7 shall submit to the relevant committees of ,congress a report on the program established under subsection 7a74 7i7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated sums for the program established under subsection 7a7 as follows3 7,a7 ,for administration of prize competitions under subsection 7d71 #gej1jjj for each fiscal year through fiscal year #bjbf4 7,b7 ,for the awarding of a financial prize award under subsection 7d77#a71 in addition to any amounts received under subsection 7e77#b71 #e1jjj1jjj for each fiscal year through fiscal year #bjbf4 7#b7 ,availability ,amounts appropriated under paragraph 7#a7 shall remain available until expended4 7j7 ,water technology investment program established ,the ,secretary1 acting through the ,bureau of ,reclamation1 shall establish a program1 pursuant to the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7,public ,law #ajb-ege1 title ,,xvi71 the ,water ,desalination ,act of #aiif 7,public ,law #ajd-bih71 and other applicable laws1 to promote the expanded use of technology for improving availability and resiliency of water supplies and power deliveries1 which shall include-- 7#a7 investments to enable expanded and accelerated deployment of desalination technology2 and 7#b7 investments to enable expanded and accelerated use of recycled water4 7k7 ,authorization of appropriations ,there are authorized to be appropriated #e1jjj1jjj for each fiscal year through fiscal year #bjbf for the ,secretary to carry out the purposes and provisions of subsection 7j74 #habbe4 ,study examining sediment transport 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall make appropriate arrangements with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this section as the ,national ,academies7 under which the ,national ,academies shall conduct a study that-- 7#a7 examines existing science and management guidance related to methods for managing sediment transport from dam removal2 7#b7 includes case studies where diverse interests1 including hydroelectric1 agricultural1 conservation1 and industry stakeholders work jointly with ,tribal1 ,state1 and ,federal government agencies to implement collaborative projects requiring sediment transport2 and 7#c7 identifies future research opportunities1 requirements1 and recommendations related to the science and management guidance examined under paragraph 7#a71 including research opportunities1 requirements1 and recommendations related to modeling and quantifying sediment flows4 7b7 ,report ,in entering into an arrangement under subsection 7a71 the ,secretary shall request that the ,national ,academies transmit to the ,secretary and to ,congress a report not later than #cf months after the date of the enactment of this ,act that-- 7#a7 includes the results of the study and relevant interpretations of the results2 7#b7 provides recommendations for applying science in management and mitigation decisions relating to dam removal2 and 7#c7 provides recommendations for improving future research on the beneficial and adverse environmental impacts of sediment transport from dam removal and appropriate actions to mitigate such impacts4 #habbf4 ,determination of water supply allocations 7a7 ,snowpack measurement data ,when determining water supply allocations1 the ,secretary1 acting through the ,commissioner of the ,bureau of ,reclamation1 shall incorporate to the greatest extent practicable information from emerging technologies for snowpack measurement such as-- 7#a7 synthetic aperture radar2 7#b7 laser altimetry2 or 7#c7 any other emerging technologies that can provide more accurate or timely snowpack measurement data as determined by the ,secretary4 7b7 ,coordination ,in carrying out subsection 7a71 the ,secretary may coordinate data use and collection efforts with other ,federal agencies and bureaus that currently use or may benefit from the use of emerging technologies for snowpack measurement4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #e1jjj1jjj to carry out this section4 7d7 ,report ,not later than ,october #a1 #bjbb1 the ,secretary shall submit to ,congress a report summarizing the use of emerging technologies pursuant to this section and describe any benefits derived from the use of such technologies related to the environment and increased water supply reliability4 #habbg4 ,federal priority streamgages 7a7 ,federal priority streamgages ,the ,secretary shall make every reasonable effort to make operational all streamgages identified as ,federal ,priority ,streamgages by the ,united ,states ,geological ,survey not later than #aj years after the date of the enactment of this ,act4 7b7 ,collaboration with states ,the ,secretary shall1 to the maximum extent practicable1 seek to leverage ,federal investments in ,federal ,priority ,streamgages through collaborative partnerships with ,states and local agencies that invest non-,federal funds to maintain and enhance gage networks to improve both environmental quality and water supply reliability4 7c7 ,authorization of appropriations ,there are authorized to be appropriated #de1jjj1jjj to carry out this section for each fiscal year through fiscal year #bjbf4 #habbh4 ,study examining climate vulnerabilities at federal dams 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall make appropriate arrangements with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this section as the ,national ,academies7 under which the ,national ,academies shall conduct an independent study to-- 7#a7 examine the projected impact of climate change on the safety of ,bureau of ,reclamation dams2 and 7#b7 evaluate and list the ,bureau of ,reclamation dams that are most vulnerable to climate change related safety risks based on an assessment of climate change related impacts on-- 7,a7 the frequency of heavy precipitation events2 and 7,b7 other factors that influence the magnitude and severity of flooding events including snow cover and snowmelt1 vegetation1 and soil moisture4 7b7 ,report ,in entering into an arrangement under subsection 7a71 the ,secretary shall request that the ,national ,academies-- 7#a7 transmit to the ,secretary and to the relevant committees of ,congress a report not later than #bd months after the date of the enactment of this ,act that includes the results of the study2 and 7#b7 consider any previous studies or evaluations conducted or completed by the ,bureau of ,reclamation or local water agencies on climate change impacts to dams1 facilities1 and watersheds as a reference and source of information during the development of the independent study4 #habbi4 ,innovative technology adoption ,the ,secretary is directed to include as a priority for grants authorized under section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd71 the ,water ,conservation ,field ,services ,program1 and other water conservation grant programs1 as appropriate1 that help foster the adoption of technologies that can-- 7#a7 identify losses from water conveyance facilities in a non-destructive manner that-- 7,a7 does not disrupt the conveyance of water supplies2 and 7,b7 provides comprehensive data on pipeline integrity1 including leak and gas pocket detection1 for all pipeline materials2 7#b7 provide real-time monitoring of weather patterns and reservoir operations to improve flexibility1 protect natural resources1 increase resiliency1 maintain temperature control1 and ensure water supply reliability2 7#c7 provide real-time data acquisition and analysis to improve predictive aquifer management1 including the improvement of recharge1 storage1 and stormwater management capabilities2 7#d7 implement the use of real time sensors and forecast data to improve the management of other water infrastructure assets1 including the identification and prevention of impairments from inadequately treated agricultural or municipal wastewaters or stormwater2 or 7#e7 improve water use efficiency and conservation1 including through behavioral water efficiency1 supervisory control and data acquisition systems1 or other system modernizations4 #c ,,ecosystem ,,protection ,,and ,,restoration #habca4 ,waterbird habitat creation program 7a7 ,authorization of habitat creation program ,the ,secretary shall establish a program to incentivize farmers to keep fields flooded during appropriate time periods for the purposes of waterbird habitat creation and maintenance1 including waterfowl and shorebird habitat creation and maintenance1 provided that-- 7#a7 such incentives may not exceed #c1ejj1jjj annually1 either directly or through credits against other contractual payment obligations2 7#b7 the holder of a water contract receiving payments under this section pass such payments through to farmers participating in the program1 less reasonable contractor costs1 if any2 and 7#c7 the ,secretary determines that habitat creation activities receiving financial support under this section will create new habitat that is not likely to be created without the financial incentives provided under this section4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #c1ejj1jjj for each fiscal year through fiscal year #bjbf to carry out this section1 to remain available until expended4 7c7 ,report ,not later than ,october #a1 #bjba1 and every #b years thereafter1 the ,secretary shall submit to ,congress a report summarizing the environmental performance of activities that are receiving1 or have received1 assistance under the program authorized by this section4 #habcb4 ,cooperative watershed management program ,the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae et seq47 is amended-- 7#a7 in section #fjja-- 7,a7 by redesignating paragraphs 7#b7 through 7#f7 as paragraphs 7#c7 through 7#g71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,disadvantaged communities ,the term disadvantaged communities means communities1 including cities1 towns1 or counties1 or reasonably isolated and divisible segments of larger municipalities1 with an annual median household income that is less than #ajj percent of the statewide annual median household income1 as determined by the latest available decennial census4 2 7,c7 in paragraph 7#f77;,b77i7 7as so redesignated7-- 7i7 in subclause 7,,viii71 by striking and at the end2 7ii7 in subclause 7,,ix71 by inserting 2 and at the end2 and 7iii7 by adding at the end the following3 7,x7 disadvantaged communities2 2 and 7,d7 in subparagraph 7,c7 of paragraph 7#g7 7as so redesignated71 by inserting 1 including benefits to fisheries1 wildlife1 and habitat river or stream2 and 7#b7 in section #fjjb-- 7,a7 by amending subsection 7b7 to read as follows3 7b7 ,establishment of application process2 criteria ,not later than ,march #cj1 #bjba1 the ,secretary shall update-- 7#a7 the application process for the program2 and 7#b7 in consultation with the ,states1 prioritization and eligibility criteria for considering applications submitted in accordance with the application process4 4 #habcc4 ,competitive grant program for the funding of watershed health projects 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act and in accordance with this section1 the ,secretary1 in consultation with the heads of relevant agencies1 shall establish a competitive grant program to award grants to an eligible entity for habitat restoration projects that improve watershed health in a ,reclamation ,state and accomplish one or more of the following benefits3 7#a7 ,ecosystem benefits4 7#b7 ,restoration of native species beyond existing or planned measures necessary to meet ,state or ,federal laws for species recovery4 7#c7 ,protection against invasive species4 7#d7 ,restoration of aspects of the natural ecosystem4 7#e7 ,enhancement of commercial and recreational fishing4 7#f7 ,enhancement of river-based recreation such as kayaking1 canoeing1 and rafting4 7#g7 ,mitigate against the impacts of climate change to fish and wildlife habitats4 7b7 ,requirements 7#a7 ,in general ,in awarding a grant under subsection 7a71 the ,secretary-- 7,a7 shall give priority to a project that achieves more than one of the benefits listed in subsection 7a72 and 7,b7 may not provide a grant for a project that is for the purpose of meeting existing environmental mitigation or compliance obligations under ,state or ,federal law4 7#b7 ,compliance ,a project awarded a grant under subsection 7a7 shall comply with all applicable ,federal and ,state laws4 7c7 ,definition of eligible entity ,in this section1 the term eligible entity means a ,state1 ,indian ,tribe1 nonprofit conservation organization operating in a ,reclamation ,state1 irrigation district1 water district1 or other organization with water or power delivery authority4 7d7 ,public participation ,before the establishment of the program under subsection 7a71 the ,secretary shall-- 7#a7 provide notice of and1 for a period of not less than #ij days1 an opportunity for public comment on1 any draft or proposed version of the program requirements in accordance with this section2 and 7#b7 consider public comments received in developing the final program requirements4 7e7 ,report ,not later than ,october #a1 #bjbb1 and every #b years thereafter1 the ,secretary shall submit to ,congress a report summarizing the environmental performance of activities that are receiving1 or have received1 assistance under the program authorized by this section4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aej1jjj1jjj for each fiscal year through fiscal year #bjbf1 to remain available until expended4 #habcd4 ,support for refuge water deliveries 7a7 ,report on historic refuge water deliveries ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit to the relevant committees of ,congress and make publicly available a report that describes the following3 7#a7 ,compliance with section #cdjf7;d77#a7 and section #cdjf7;d77#b7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 in each of years #aiib through #bjah1 including an indication of the amount of water identified as the ,level #b amount and incremental ,level #d amount for each wetland area4 7#b7 ,the difference between the mandated quantity of water to be delivered to each wetland habitat area described in section #cdjf7;d77#b7 and the actual quantity of water delivered since ,october #cj1 #aiib1 including a listing of every year in which the full delivery of water to wetland habitat areas was achieved in accordance with level #d of the ,dependable ,water ,supply ,needs table1 described in section #cdjf7;d77#b7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege74 7#c7 ,which of the authorities granted to the ,secretary under ,public ,law #ajb-ege to achieve the full level #d deliveries of water to wetland habitat areas was employed in achieving the increment of water delivery above the ,level #b amount for each wetland habitat area1 including whether water conservation1 conjunctive use1 water purchases1 water leases1 donations1 water banking1 or other authorized activities have been used and the extent to which such authorities have been used4 7#d7 ,an assessment of the degree to which the elimination of water transaction fees for the donation of water rights to wildlife refuges would help advance the goals of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege74 7b7 ,priority construction list ,the ,secretary shall establish1 through a public process and in consultation with the ,interagency ,refuge ,water ,management ,team1 a priority list for the completion of the conveyance construction projects at the wildlife habitat areas described in section #cdjf7;d77#b7 of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege71 including the ,mendota ,wildlife ,area1 ,pixley ,national ,wildlife ,refuge and ,sutter ,national ,wildlife ,refuge4 7c7 ,ecological monitoring and evaluation program ,not later than #a year after the date of the enactment of this ,act1 the ,secretary1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 shall design and implement an ecological monitoring and evaluation program1 for all ,central ,valley wildlife refuges1 that produces an annual report based on existing and newly collected information1 including-- 7#a7 the ,united ,states ,fish and ,wildlife ,service ,animal ,health ,lab disease reports2 7#b7 mid-winter waterfowl inventories2 7#c7 nesting and brood surveys2 7#d7 additional data collected regularly by the refuges1 such as herptile distribution and abundance2 7#e7 a new coordinated systemwide monitoring effort for at least one key migrant species and two resident species listed as threatened and endangered pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7including one warm-blooded and one cold-blooded71 that identifies population numbers and survival rates for the #c previous years2 and 7#f7 an estimate of the bioenergetic food production benefits to migrant waterfowl1 consistent with the methodology used by the ,central ,valley ,joint ,venture1 to compliment and inform the ,central ,valley ,joint ,venture implementation plan4 7d7 ,adequate staffing for refuge water delivery objectives ,the ,secretary shall ensure that adequate staffing is provided to advance the refuge water supply delivery objectives under the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege74 7e7 ,funding ,there is authorized to be appropriated #be1jjj1jjj to carry out subsections 7a7 through 7d71 which shall remain available until expended4 7f7 ,effect on other funds ,amounts authorized under this section shall be in addition to amounts collected or appropriated under the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege74 #habce4 ,drought planning and preparedness for critically important fisheries 7a7 ,definitions ,in this section3 7#a7 ,critically important fisheries ,the term critically important fisheries means-- 7,a7 commercially and recreationally important fisheries located within the ,reclamation ,states2 7,b7 fisheries containing fish species that are listed as threatened or endangered pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 within the ,reclamation ,states2 or 7,c7 fisheries used by ,indian ,tribes within the ,reclamation ,states for ceremonial1 subsistence1 or commercial purposes4 7#b7 ,qualified tribal government ,the term qualified ,tribal ,government means any government of an ,indian ,tribe that the ,secretary determines-- 7,a7 is involved in fishery management and recovery activities including under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7,b7 has the management and organizational capability to maximize the benefits of assistance provided under this section4 7b7 ,drought plan for critically important fisheries ,not later than ,january #a1 #bjba and every three years thereafter1 the ,secretary1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service shall1 in consultation with the ,national ,marine ,fisheries ,service1 the ,bureau of ,reclamation1 the ,army ,corps of ,engineers1 ,state fish and wildlife agencies1 and affected ,indian ,tribes1 prepare a plan to sustain the survival of critically important fisheries within the ,reclamation ,states during future periods of extended drought4 ,the plan shall focus on actions that can aid the survival of critically important fisheries during the driest years4 ,in preparing such plan1 the ,director shall consider-- 7#a7 habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts2 7#b7 relocating the release location and timing of hatchery fish to avoid predation and temperature impacts2 7#c7 barging of hatchery release fish to improve survival and reduce straying2 7#d7 coordination with water users1 the ,bureau of ,reclamation1 ,state fish and wildlife agencies1 and interested public water agencies regarding voluntary water transfers1 including through groundwater substitution activities1 to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat2 7#e7 hatchery management modifications1 such as expanding hatchery production of fish during the driest years1 if appropriate for a particular river basin2 7#f7 hatchery retrofit projects1 such as the installation and operation of filtration equipment and chillers1 to reduce disease outbreaks1 egg mortality and other impacts of droughts and high water temperatures2 7#g7 increasing rescue operations of upstream migrating fish2 7#h7 improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models2 7#i7 testing the potential for parentage-based tagging and other genetic testing technologies to improve the management of hatcheries2 7#aj7 programs to reduce predation losses at artificially created predation hot spots2 and 7#aa7 retrofitting existing water facilities to provide improved temperature conditions for fish4 7c7 ,public comment ,the ,director of the ,united ,states ,fish and ,wildlife ,service shall provide for a public comment period of not less than #ij days before finalizing a plan under subsection 7a74 7d7 ,authorization of appropriations for fish recovery efforts ,there is authorized to be appropriated #be1jjj1jjj for the ,united ,states ,fish and ,wildlife ,service for fiscal year #bjba for fish1 stream1 and hatchery activities related to fish recovery efforts1 including work with the ,national ,marine ,fisheries ,service1 the ,bureau of ,reclamation1 the ,army ,corps of ,engineers1 ,state fish and wildlife agencies1 or a qualified ,tribal ,government4 7e7 ,effect ,nothing in this section is intended to expand1 diminish1 or affect any obligation under ,federal or ,state environmental law4 #habcf4 ,aquatic ecosystem restoration 7a7 ,general authority ,subject to the requirements of this section1 on request of any eligible entity the ,secretary may negotiate and enter into an agreement on behalf of the ,united ,states to fund the design1 study1 and construction of an aquatic ecosystem restoration and protection project if the ,secretary determines that the project is likely to improve the quality of the environment in a ,reclamation ,state by improving fish passage through the removal or bypass of barriers to fish passage4 7b7 ,requirements ,construction of a project under this section shall be a voluntary project initiated only after-- 7#a7 an eligible entity has entered into an agreement with the ,secretary to pay no less than #ce percent of the costs of project construction2 and 7#b7 the ,secretary determines the proposed project-- 7,a7 will not result in an unmitigated adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts2 7,b7 will not result in an unmitigated adverse effect on the environment2 7,c7 is consistent with the responsibilities of the ,secretary-- 7i7 in the role as trustee for federally recognized ,indian ,tribes2 and 7ii7 to ensure compliance with any applicable international and ,tribal treaties and agreements and interstate compacts and agreements2 7,d7 is in the financial interest of the ,united ,states based on a determination that the project advances ,federal objectives including environmental enhancement objectives in a ,reclamation ,state2 and 7,e7 protects the public aspects of the eligible facility1 including water rights managed for public purposes1 such as flood control or fish and wildlife4 7c7 ,environmental laws ,in participating in a project under this section1 the ,secretary shall comply with all applicable ,federal environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and all ,state environmental laws of the ,reclamation ,state in which the project is located involving the construction1 expansion or operation of a water storage project or fish and wildlife protection1 provided that no law or regulation of a ,state or political subdivision of a ,state relieve the ,secretary of any ,federal requirement otherwise applicable under this section4 7d7 ,funding ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for each fiscal year through fiscal year #bjbf1 to remain available until expended4 7e7 ,definition of eligible entity ,in this section1 the term eligible entity means any ,reclamation ,state1 any department1 agency1 or subdivision of a ,reclamation ,state1 any public agency organized pursuant to the laws of a ,reclamation ,state1 an ,indian ,tribe1 or a non-profit organization operating in a ,reclamation ,state4 7f7 ,priority for projects providing public safety and regional benefits ,when funding projects under this section1 the ,secretary shall prioritize projects that-- 7#a7 are likely to provide public safety benefits2 and 7#b7 are regional in nature1 including projects that span two or more river basins4 #habcg4 ,reauthorization of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj ,section #aj7;a7 of the ,fisheries ,restoration and ,irrigation ,mitigation ,act of #bjjj 7#af ,u4,s4,c4 #ggg note2 ,public ,law #ajf-ejb7 is amended by striking #ae million through #bjba and inserting #be1jjj1jjj through #bjbg4 #habch4 ,report on fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances 7a7 ,in general ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 in coordination with the ,director of the ,united ,states ,fish and ,wildlife ,service1 the ,administrator of the ,environmental ,protection ,agency1 the ,director of the ,centers for ,disease ,control and ,prevention1 and the ,director of the ,united ,states ,geological ,survey1 shall submit to ,congress a report on the impact of waters that contain perfluoroalkyl or polyfluoroalkyl substances on fish that-- 7#a7 inhabit such waters2 and 7#b7 are used for recreation or subsistence4 7b7 ,content ,the report required by subsection 7a7 shall include information on the following3 7#a7 ,the concentration of perfluoroalkyl and polyfluoroalkyl substances in fish that inhabit waters that contain such substances4 7#b7 ,the health risks posed to persons who frequently consume fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances4 7#c7 ,the risks to natural predators of fish that inhabit waters that contain perfluoroalkyl or polyfluoroalkyl substances1 including dolphins4 7#d7 ,measures that can be taken to mitigate the risks described in paragraphs 7#b7 and 7#c74 #d ,,water ,,job ,,training ,,and ,,education #habda4 ,water resource education 7a7 ,general authority ,in accordance with this section1 the ,secretary may enter into a cooperative agreement or contract or provide financial assistance in the form of a grant1 to support activities related to education on water resources4 7b7 ,eligible activities ,the ,secretary may enter into a cooperative agreement or contract or provide financial assistance for activities that improve water resources education1 including through tours1 publications or other activities that-- 7#a7 disseminate information on water resources via educational tools1 materials or programs2 7#b7 publish relevant information on water resource issues1 including environmental and ecological conditions2 7#c7 advance projects that improve public understanding of water resource issues or management challenges1 including education on drought1 drought awareness1 and drought resiliency2 7#d7 provide training or related education for teachers1 faculty1 or related personnel1 including in a specific geographic area or region2 or 7#e7 enable tours1 conferences1 or other activities to foster cooperation in addressing water resources or management challenges1 including cooperation relating to water resources shared by the ,united ,states and ,canada or ,mexico4 7c7 ,grant priority ,in making grants under this section1 the ,secretary shall give priority to activities that-- 7#a7 provide training for the professional development of legal and technical experts in the field of water resources management2 or 7#b7 help educate the public1 teachers or key stakeholders on-- 7,a7 a new or significantly improved water resource management practice1 method1 or technique2 7,b7 the existence of a water resource management practice1 method1 or technique that may have wide application2 7,c7 a water resource management practice1 method1 or technique related to a scientific field or skill identified as a priority by the ,secretary2 or 7,d7 general water resource issues or management challenges1 including as part of a science curricula in elementary or secondary education setting4 #e ,,miscellaneous #habea4 ,offset 7a7 ,purpose2 definition 7#a7 ,purpose ,the purpose of this section is to establish an efficient and transparent #a-time process for deauthorizing ,bureau of ,reclamation projects that have failed-- 7,a7 to receive a minimum level of ,federal investment2 or 7,b7 to initiate construction4 7#b7 ,definition of reclamation project ,in this section1 the term ,reclamation project means a surface water storage project or project under the purview of title ,,xvi of ,public ,law #ajb-ege that is to be carried out1 funded or operated in whole or in part by the ,secretary pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7b7 ,backlog list ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives1 and make available on a publicly accessible internet website in a manner that is downloadable1 searchable1 and sortable1 a list of-- 7#a7 ,reclamation projects-- 7,a7 that are authorized2 and 7,b7 for which1 during the fiscal year in which this ,act is enacted and each of the preceding #aj fiscal years-- 7i7 no application for ,federal funding has been received2 and 7ii7 no construction has occurred2 and 7#b7 for each ,reclamation project listed under paragraph 7#a7-- 7,a7 the date of authorization of the ,reclamation project1 including any subsequent modifications to the original authorization2 7,b7 a brief description of the ,reclamation project2 and 7,c7 any amounts appropriated for the ,reclamation project that remain unobligated4 7c7 ,interim deauthorization list 7#a7 ,in general ,the ,secretary shall develop and make publicly available an interim deauthorization list that identifies each ,reclamation project described in subsection 7b77#a74 7#b7 ,public comment and consultation 7,a7 ,in general ,the ,secretary shall solicit and accept1 for a period of not less than #ij days1 comments relating to the interim deauthorization list under paragraph 7#a7 from-- 7i7 the public2 and 7ii7 the ,governor of each applicable ,state4 7,b7 ,project sponsors ,as part of the public comment period under subparagraph 7,a71 the ,secretary shall provide to project sponsors the opportunity to provide to the ,secretary a notice of the intent to initiate construction of the project by not later than the date that is #b years after the date of publication of the preliminary final deauthorization list under subsection 7d74 7#c7 ,submission to congress2 publication ,not later than #ij days after the date of submission of the backlog list under subsection 7b71 the ,secretary shall-- 7,a7 submit the interim deauthorization list under paragraph 7#a7 to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 publish the interim deauthorization list in the ,federal ,register4 7d7 ,preliminary final deauthorization list 7#a7 ,in general ,the ,secretary shall develop a preliminary final deauthorization list that includes each project identified pursuant to paragraph 7#b74 7#b7 ,identification of projects 7,a7 ,exclusions ,the ,secretary may identify a ,reclamation project described in subsection 7b77#a7 for exclusion from the preliminary final deauthorization list if the ,secretary determines1 on a case-by-case basis following receipt of public comments1 that the project is critical for interests of the ,united ,states1 based on the practicable impact of the project on-- 7i7 public health and safety2 7ii7 the national economy2 or 7iii7 the environment4 7,b7 ,subject to deauthorization designation ,any ,reclamation project the sponsor of which has provided to the ,secretary a notice of the intent to initiate construction by not later than #b years after the date of publication of the preliminary final deauthorization list under this subsection shall be designated on that list as subject to deauthorization4 7,c7 ,appendix ,the ,secretary shall include as part of the preliminary final deauthorization list under this subsection an appendix that-- 7i7 identifies each ,reclamation project included on the interim deauthorization list under subsection 7c7 that is not included on the preliminary final deauthorization list2 and 7ii7 describes the reasons why each ,reclamation project identified under clause 7i7 is not included on the preliminary final deauthorization list4 7#c7 ,submission to congress2 publication ,not later than #abj days after the date of expiration of the public comment period under subsection 7c77#b77;,a71 the ,secretary shall-- 7,a7 submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives the preliminary final deauthorization list and the appendix required under this subsection2 and 7,b7 publish the preliminary final deauthorization list and appendix in the ,federal ,register4 7e7 ,deauthorization2 congressional review ,effective beginning on the date that is #ahj days after the date of submission to ,congress of the preliminary final deauthorization list under subsection 7d77#c77;,a71 each ,reclamation project included on that list is deauthorized1 unless-- 7#a7 the ,reclamation project is designated as subject to deauthorization pursuant to subsection 7d77#b77;,b72 or 7#b7 ,congress has enacted a joint resolution disapproving the preliminary final deauthorization list4 7f7 ,updated final deauthorization list 7#a7 ,publication ,not later than the date that is #b years after the date of publication of the preliminary final deauthorization list under subsection 7d77#c77;,b71 the ,secretary shall publish an updated final deauthorization list4 7#b7 ,projects subject to deauthorization ,on the updated final deauthorization list under this subsection1 the ,secretary shall describe any ,reclamation project designated as subject to deauthorization on the preliminary final deauthorization list pursuant to subsection 7d77#b77;,b7 as-- 7,a7 authorized1 if the ,secretary has received evidence that the sponsor of the ,reclamation project has substantially initiated construction on the ,reclamation project2 or 7,b7 deauthorized1 if the ,secretary has not received the evidence described in subparagraph 7,a74 7#c7 ,deauthorization ,any project described as deauthorized pursuant to paragraph 7#b77;,b7 shall be deauthorized on the date that is #ahj days after the date of submission of the updated final deauthorization list under paragraph 7#a71 unless ,congress has enacted a joint resolution disapproving that list4 7g7 ,treatment of project modifications ,for purposes of this section1 if an authorized ,reclamation project has been modified by an ,act of ,congress1 the date of authorization of the project shall be considered to be the date of the most recent modification4 #habeb4 ,delayed water project recommendations ,the ,secretary shall1 not later than #cj days after the date of enactment of this ,act1 transmit recommendations to the appropriate committees of ,congress for the use of funds made available for fiscal year #bjai to advance-- 7#a7 water storage projects in accordance with section #djjg of ,public ,law #aad-cbb2 7#b7 title ,,xvi water reuse projects in accordance with section #djji7;c7 of ,public ,law #aad-cbb2 and 7#c7 water desalination projects in accordance with section #djji7;a7 of ,public ,law #aad-cbb4 #habec4 ,continued use of ,pick-,sloan ,missouri ,basin ,program project use power by the ,kinsey ,irrigation ,company and the ,sidney ,water ,users ,irrigation ,district 7a7 ,findings ,congress finds that-- 7#a7 the ,act of ,may #ah1 #aich 7#eb ,stat4 #djc1 chapter #bej2 #af ,u4,s4,c4 #hcc et seq471 authorized the completion1 maintenance1 and operation of the ,fort ,peck project2 7#b7 section #b of that ,act 7#eb ,stat4 #djd1 chapter #bej2 #af ,u4,s4,c4 #hcc;a7 authorized and directed the ,bureau of ,reclamation-- 7,a7 to transmit and sell electric energy generated by the ,fort ,peck project2 and 7,b7 to interconnect the ,fort ,peck project with either private or with other ,federal projects and publicly owned power systems now or hereafter constructed42 7#c7 section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe7-- 7,a7 authorized the ,missouri ,river ,basin ,project1 now known as the ,pick-,sloan ,missouri ,basin ,program 7referred to in this section as the ,program72 7,b7 approved the comprehensive plan for the ,program set forth in ,senate ,document #aia and ,house ,document #dge1 as revised and coordinated by ,senate ,document #bdg1 #ghth ,congress2 7,c7 established a permanent administration for the development of the ,missouri ,river ,basin2 and 7,d7 incorporated the ,fort ,peck project as part of the ,program2 7#d7 in #aidf1 the ,bureau of ,reclamation entered into project use power contracts to provide the ,kinsey ,irrigation ,company and the predecessor of the ,sidney ,water ,users ,irrigation ,district electrical service under the authority of the ,act of ,may #ah1 #aich 7#eb ,stat4 #djc1 chapter #bej2 #af ,u4,s4,c4 #hcc et seq472 7#e7 since #aidf1 the ,bureau of ,reclamation has approved #i modifications to the project use power contracts between the ,bureau of ,reclamation1 the ,kinsey ,irrigation ,company1 and the ,sidney ,water ,users ,irrigation ,district2 7#f7 the project use power contracts in effect on the date of enactment of this ,act provide electric service to the ,kinsey ,irrigation ,company and the ,sidney ,water ,users ,irrigation ,district at the ,program rate of #b4e mills per kilowatt-hour1 including wheeling1 through #bjbj2 and 7#g7 the ,kinsey ,irrigation ,company and the ,sidney ,water ,users ,irrigation ,district have reasonably relied on the authority of the ,act of ,may #ah1 #aich 7#eb ,stat4 #djc1 chapter #bej2 #af ,u4,s4,c4 #hcc et seq471 and the fact that the ,bureau of ,reclamation has treated the ,kinsey ,irrigation ,company and the ,sidney ,water ,users ,irrigation ,district as irrigation pumping units of the ,program for more than #gd years4 7b7 ,authorization ,notwithstanding any other provision of law and subject to subsection 7c71 the ,secretary of the ,interior 7acting through the ,commissioner of ,reclamation7 shall continue to treat the irrigation pumping units known as the ,kinsey ,irrigation ,company in ,custer ,county1 ,montana1 and the ,sidney ,water ,users ,irrigation ,district in ,richland ,county1 ,montana1 or any successor to the ,kinsey ,irrigation ,company or ,sidney ,water ,users ,irrigation ,district1 as irrigation pumping units of the ,program for the purposes of wheeling1 administration1 and payment of project use power4 7c7 ,limitation ,the quantity of power to be provided to the ,kinsey ,irrigation ,company and the ,sidney ,water ,users ,irrigation ,district 7including any successor to the ,kinsey ,irrigation ,company or the ,sidney ,water ,users ,irrigation ,district7 under subsection 7b7 may not exceed the maximum quantity of power provided to the ,kinsey ,irrigation ,company and the ,sidney ,water ,users ,irrigation ,district under the applicable contract for electric service in effect on the date of enactment of this ,act4 ,c ,western ,water ,security #hacja4 ,definitions ,in this subtitle3 7#a7 ,rio grande compact ,the term ,rio ,grande ,compact means the compact approved by ,congress under the ,act of ,may #ca1 #aici 7#ec ,stat4 #ghe1 chapter #aee74 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,state ,the term ,state means the ,state of ,new ,mexico4 #a ,,infrastructure ,,and ,,water ,,management ,,improvement #hacaa4 ,watersmart extension and expansion 7a7 ,definition of eligible applicant ,section #iejb of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfb7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking section and inserting subtitle2 7#b7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,eligible applicant ,the term eligible applicant means-- 7,a7 any ,state1 ,indian tribe1 irrigation district1 or water district2 7,b7 any ,state1 regional1 or local authority1 the members of which include one or more organizations with water or power delivery authority2 7,c7 any other organization with water or power delivery authority2 or 7,d7 any nonprofit conservation organization4 2 7#c7 by redesignating paragraphs 7#ac7 through 7#ag7 as paragraphs 7#ad7 through 7#ah71 respectively2 and 7#d7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,natural water recharge infrastructure ,the term natural water recharge infrastructure means a single project1 a number of distributed projects across a watershed1 or the redesign and replacement1 or removal1 of built infrastructure to incorporate natural aquatic elements1 in which the project-- 7,a7 uses natural materials appropriate to the specific site and landscape setting2 7,b7 mimics natural riverine1 floodplain1 riparian1 wetland1 hydrologic1 or other ecological processes2 and 7,c7 results in aquifer recharge1 transient floodplain water retention1 or restoration of water in the landscape such that the water returns to a wetland1 riparian area1 or surface water channel4 4 7b7 ,research agreements ,section #iejd7;b77#a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;b77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting nonprofit conservation organization1 before or organization2 7#b7 in subparagraph 7,b71 by striking or at the end2 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#d7 by inserting after subparagraph 7,b7 the following3 7,c7 to increase natural water recharge infrastructure2 or 4 7c7 ,water management improvement ,section #iejd7;e7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;e77 is amended by striking #ecj1jjj1jjj and inserting #gjj1jjj1jjj1 subject to the condition that #ej1jjj1jjj of that amount shall be used to carry out section #bjf of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjae 7#dc ,u4,s4,c4 #fbj note2 ,public ,law #aac-bce74 7d7 ,conforming amendment ,section #djji7;d7 of ,public ,law #aad-cbb 7#db ,u4,s4,c4 #ajcfd note7 is amended by striking on the condition that of that amount1 #ej1jjj1jjj of it is used to carry out section #bjf of the ,energy and ,water ,development and ,related ,agencies ,appropriation ,act1 #bjae 7#dc ,u4,s4,c4 #fbj note2 ,public ,law #aac-bce74 #hacab4 ,emergency drought funding 7a7 ,authorization of appropriations ,section #cja of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbda7 is amended-- 7#a7 by striking #abj1jjj1jjj and inserting #ahj1jjj1jjj2 and 7#b7 by striking #bjbj and inserting #bjbe1 of which not more than #cj1jjj1jjj shall be made available during that period for the conduct of actions authorized under title ,i of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbaa et seq47 to benefit imperiled fish and wildlife4 7b7 ,applicable period of drought program ,section #ajd of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbad7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,in general ,the programs and authorities established under this title shall become operative in any ,reclamation ,state and in the ,state of ,hawaii only-- 7#a7 after the ,governor or ,governors of the affected ,state or ,states1 or the governing body of an affected ,indian ,tribe with respect to a reservation1 has made a request for temporary drought assistance and the ,secretary has determined that the temporary assistance is merited2 7#b7 after a drought emergency has been declared by the ,governor or ,governors of the affected ,state or ,states2 or 7#c7 on approval of a drought contingency plan as provided in title ,,ii4 4 7c7 ,reauthorization ,section #ajd7;c7 of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbad7;c77 is amended by striking #bjbj and inserting #bjcj4 #hacac4 ,rio ,grande ,pueblo ,irrigation ,infrastructure ,reauthorization ,section #iajf of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acjd7 is amended-- 7#a7 in subsection 7c77#d71 by striking #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,resources and inserting ,december #ca1 #bjbj1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources2 and 7#b7 in subsection 7g77#b7-- 7,a7 by striking #f1jjj1jjj and inserting such sums as may be necessary2 and 7,b7 by striking #bjaj through #bjai and inserting #bjbj through #bjbi4 #hacad4 ,puerto ,rico ,water,s,m,a,r,t ,grants ,eligibility 7a7 ,short title ,this section may be cited as the ,puerto ,rico ,water,s,m,a,r,t ,grants ,eligibility ,act4 7b7 ,watersmart grants and agreements ,section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7 is amended in subsection 7a77#b77;,a7-- 7#a7 in clause 7ii71 by striking or2 7#b7 in clause 7iii71 by striking and and inserting or2 and 7#c7 by inserting after clause 7iii71 the following3 7iv7 ,puerto ,rico2 and 4 #b ,,groundwater ,,management #hacba4 ,reauthorization and expansion of the ,transboundary ,aquifer ,assessment ,program 7a7 ,designation of priority transboundary aquifers ,section #d7;c77#b7 of the ,united ,states-,mexico ,transboundary ,aquifer ,assessment ,act 7#db ,u4,s4,c4 #aifb note2 ,public ,law #aji-ddh7 is amended by striking ,new ,mexico or ,texas and inserting ,new ,mexico1 ,texas1 or ,arizona 7other than an aquifer underlying ,arizona and ,sonora1 ,mexico1 that is partially within the ,yuma groundwater basin designated by the order of the ,director of the ,arizona ,department of ,water ,resources dated ,june #ba1 #aihd74 7b7 ,reauthorization 7#a7 ,authorization of appropriations ,section #h7;a7 of the ,united ,states-,mexico ,transboundary ,aquifer ,assessment ,act 7#db ,u4,s4,c4 #aifb note2 ,public ,law #aji-ddh7 is amended by striking fiscal years #bjjg through #bjaf and inserting fiscal years #bjba through #bjbi4 7#b7 ,sunset of authority ,section #i of the ,united ,states-,mexico ,transboundary ,aquifer ,assessment ,act 7#db ,u4,s4,c4 #aifb note2 ,public ,law #aji-ddh7 is amended by striking enactment of this ,act and inserting enactment of the ,moving ,forward ,act4 #hacbb4 ,groundwater management assessment and improvement ,section #iejd7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting or carrying out any activity after any improvement2 7,b7 by striking subparagraphs 7,a7 through 7,e72 7,c7 by redesignating subparagraphs 7,f7 through 7,h7 as subparagraphs 7,b7 through 7,d71 respectively2 7,d7 by inserting before subparagraph 7,b7 7as so redesignated7 the following3 7,a7 to assist ,states and water users in complying with interstate compacts through temporary1 voluntary1 and compensated transactions that decrease consumptive water use at a regional or watershed scale2 2 7,e7 in subparagraph 7,b7 7as so redesignated71 by striking to prevent and inserting to achieve the prevention of2 7,f7 in subparagraph 7,c7 7as so redesignated71 by striking to accelerate and inserting to achieve the acceleration of2 and 7,g7 in subparagraph 7,d7 7as so redesignated7-- 7i7 by striking clause 7i7 and inserting the following3 7i7 to increase ecological resilience to climate change1 including by enhancing natural water recharge infrastructure within a floodplain or riparian wetland1 by addressing climate-related impacts or vulnerability to the water supply of the ,united ,states2 2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7iii7 to plan for or address the impacts of drought4 2 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,eligible projects ,the improvements or activities eligible for assistance under paragraph 7#a7 may include improvements or activities-- 7,a7 using an approach-- 7i7 to conserve water2 7ii7 to increase water use efficiency2 7iii7 to facilitate water markets2 or 7iv7 to enhance water management1 including increasing the use of renewable energy in the management and delivery of water or increasing natural water recharge infrastructure2 7,b7 to improve the condition of natural water recharge infrastructure2 or 7,c7 to achieve the acceleration of the adoption and use of advanced water treatment technologies to increase water supply4 2 and 7#d7 in paragraph 7#d7 7as so redesignated7-- 7,a7 in subparagraph 7,b77i71 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 to use the assistance provided under a grant or agreement to increase the consumptive use of water for agricultural operations above the pre-project levels1 as determined pursuant to the law of the ,state in which the operation of the eligible applicant is located4 2 and 7,b7 in subparagraph 7,e7-- 7i7 by striking clause 7i7 and inserting the following3 7i7 ,federal share 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,federal share of the cost of any infrastructure improvement or activity that is the subject of a grant or other agreement entered into between the ,secretary and an eligible applicant under paragraph 7#a7 shall not exceed #ej percent of the cost of the infrastructure improvement or activity4 7,,ii7 ,increased federal share for certain infrastructure improvements and activities 7aa7 ,in general ,the ,federal share of the cost of an infrastructure improvement or activity described in item 7bb7 shall not exceed #ge percent of the cost of the infrastructure improvement or activity4 7bb7 ,infrastructure improvements and activities described ,an infrastructure improvement or activity referred to in item 7aa7 is an infrastructure improvement or activity that provides benefits to consumptive water users and nonconsumptive ecological or recreational values in which-- 7,,aa7 in the case of an infrastructure improvement or activity that conserves water1 the conserved water is returned to a surface water source with ecological or recreational benefits2 or 7,,bb7 in the case of other infrastructure improvements or activities1 the majority of the benefits are nonconsumptive ecological or recreational benefits4 2 and 7ii7 in clause 7ii71 in the matter preceding subclause 7,i71 by striking paragraph 7#b7 and inserting paragraph 7#c74 #hacbc4 ,surface and groundwater water availability and the energy nexus ,section #iejh7;d77#c7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfh7;d77#c77 is amended-- 7#a7 in subparagraph 7,d71 by striking and at the end2 7#b7 in subparagraph 7,e71 by striking the semicolon and inserting 2 and2 and 7#c7 by adding at the end the following3 7,f7 oil1 gas1 and mineral development under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq471 the ,act of ,may #aa1 #aich 7commonly known as the ,indian ,mineral ,leasing ,act of #aich7 7#be ,u4,s4,c4 #cif;a et seq471 sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq471 and the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq472 4 #c ,,water ,,conservation ,,and ,,environmental ,,restoration #hacca4 ,definitions ,in this chapter3 7#a7 ,basin ,the term ,basin-- 7,a7 is limited to areas within the ,state2 and 7,b7 means each of-- 7i7 the ,upper ,rio ,grande ,basin2 7ii7 the ,middle ,rio ,grande ,basin2 7iii7 the ,lower ,rio ,grande ,basin2 7iv7 the ,lower ,pecos ,river ,basin2 7v7 the ,gila ,river ,basin2 7vi7 the ,canadian ,river ,basin2 7vii7 the ,san ,francisco ,river ,basin2 and 7viii7 the ,san ,juan ,river ,basin4 7#b7 ,district ,the term ,district means-- 7,a7 the ,middle ,rio ,grande ,conservancy ,district2 7,b7 the ,elephant ,butte ,irrigation ,district2 7,c7 the ,carlsbad ,irrigation ,district2 7,d7 the ,arch ,hurley ,conservancy ,district2 7,e7 the ,pecos ,valley ,artesian ,conservation ,district2 or 7,f7 the ,san ,juan ,water ,commission4 7#c7 ,pueblo ,the term ,pueblo means each of the following pueblos in the ,state3 7,a7 ,cochiti4 7,b7 ,santo ,domingo4 7,c7 ,san ,felipe4 7,d7 ,santa ,ana4 7,e7 ,sandia4 7,f7 ,isleta4 #haccb4 ,water acquisition program 7a7 ,authorization ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out in the ,basins a water acquisition program in coordination with the other appropriate ,federal agencies1 ,state agencies1 and non-,federal stakeholders1 under which the ,secretary shall-- 7#a7 make acquisitions1 or assist the ,state or a ,district in making acquisitions1 of water in the ,basins by lease or purchase of water rights or contractual entitlements from willing lessors or sellers1 consistent with section #h of the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #chc71 the ,rio ,grande ,compact1 and applicable ,state law relating to the acquisition and administration of water rights2 and 7#b7 take any other actions1 consistent with section #h of the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #chc71 the ,rio ,grande ,compact1 and applicable ,state law1 that the ,secretary determines would achieve the purposes of the water acquisition program described in subsection 7b74 7b7 ,purposes ,the purposes of the water acquisition program are-- 7#a7 to enhance stream flow to benefit fish and wildlife 7including endangered species71 water quality1 and river ecosystem restoration in the ,basins2 7#b7 to enhance stewardship and conservation of working land1 water1 and watersheds in the ,basins1 consistent with the purpose described in paragraph 7#a72 and 7#c7 to address water supply-demand imbalances in the ,basins1 consistent with ,state law and the purpose described in paragraph 7#a74 7c7 ,coordination ,to assist in developing and administering the program1 the ,secretary may provide funds to the ,state1 a ,district1 or a federally established nonprofit entity with particular expertise in western water transactions4 7d7 ,district projects ,subject to the ,rio ,grande ,compact and applicable ,state law1 the ,secretary may develop programs to provide-- 7#a7 cost-share assistance to a ,district to reduce water depletions by agricultural producers and irrigators in that ,district by making irrigation system improvements and increasing system efficiency2 7#b7 incentives to a ,district for the establishment of a water leasing program from willing lessors for agricultural producers and irrigators in that ,district to temporarily lease pre-#aijg water rights 7instead of permanent severance from irrigable land7 for the purpose of providing benefits to species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and other river ecosystem benefits2 and 7#c7 cost-share assistance to a ,district to implement infrastructure or operational changes that will allow for effective management of a leasing program1 while maintaining adequate water deliveries to other agricultural producers and irrigators4 #haccc4 ,middle ,rio ,grande ,water ,conservation 7a7 ,in general ,the ,secretary1 in cooperation with a ,district and in consultation with the ,pueblos1 may provide funding and technical assistance for the installation of metering and measurement devices and the construction of check structures on irrigation diversions1 canals1 laterals1 ditches1 and drains-- 7#a7 to ensure the conservation and efficient use of water within that ,district by-- 7,a7 reducing actual consumptive use2 or 7,b7 not increasing the use of water2 and 7#b7 to improve the measurement and allocation of water1 including water acquired through the water acquisition program established under section #haccb4 7b7 ,rio grande1 san acacia1 and isleta reaches 7#a7 ,in general ,the ,secretary shall provide for the development of a comprehensive plan for the ,san ,acacia and ,isleta reaches to plan1 design1 permit1 construct1 and prioritize projects that balance river maintenance1 water availability1 use1 and delivery1 and ecosystem benefits1 including-- 7,a7 planning1 permitting1 and construction of a pumping station at ,bosque del ,apache ,national ,wildlife ,refuge for the purpose of more efficiently using water to provide-- 7i7 a stable supply for the ,refuge2 and 7ii7 an efficient and reliable supply of water to the ,rio ,grande for the benefit of the endangered silvery minnow and ,southwestern willow flycatcher2 7,b7 planning1 permitting1 and construction of a river channel realignment project near the ,rio ,grande mile-#hc for the purpose of conveying water and sediment through the reach to ,elephant ,butte ,reservoir and addressing river channel aggradation while maintaining floodplain connectivity during the snowmelt runoff2 7,c7 planning1 permitting1 and construction of a controlled outlet for the low flow conveyance channel to the ,rio ,grande between ,fort ,craig1 ,new ,mexico1 and ,rio ,grande mile-#fj for the purpose of water use and delivery1 enhancement and development of habitat areas1 and possible creation of a single-channel river ecosystem2 and 7,d7 development of a ,lower ,reach plan-- 7i7 to identify additional projects and maintenance activities with water use1 sediment management1 and delivery and ecosystem benefits2 and 7ii7 to prioritize implementation of all projects and activities4 7#b7 ,public participation ,in carrying out this subsection1 the ,secretary shall provide a process for public participation and comment during plan development and alternative analysis4 #haccd4 ,sustaining biodiversity during droughts ,section #iejc7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfc7;b77 is amended-- 7#a7 in paragraph 7#c77;,d71 by inserting and native biodiversity after wildlife habitat2 and 7#b7 in paragraph 7#d77;,b71 by inserting and drought biodiversity plans to address sustaining native biodiversity during periods of drought after restoration plans4 #hacce4 ,reauthorization of cooperative watershed management program ,section #fjjb7;g77#d7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae;a7g77#d77 is amended by striking #bjbj and inserting #bjca4 #d ,,effect ,,on ,,existing ,,law #hacda4 ,effect on existing law 7a7 ,in general ,an action taken by the ,secretary or another entity under this subtitle or an amendment made by this subtitle shall comply with applicable ,state laws in effect on the date of enactment of this ,act4 7b7 ,state law ,nothing in this subtitle or an amendment made by this subtitle affects1 is intended to affect1 or interferes with a law of the ,state relating to the control1 appropriation1 use1 or distribution of water1 or any vested right acquired under the law4 7c7 ,rio grande compact ,nothing in this subtitle or an amendment made by this subtitle affects or is intended to affect or interfere with any obligation of a ,state under the ,rio ,grande ,compact or any litigation relating to the ,rio ,grande ,compact4 ,d ,water ,resources ,research ,amendments #hadaa4 ,water ,resources ,research ,act amendments 7a7 ,clarification of research activities ,section #ajd7;b77#a7 of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7;b77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking water-related phenomena and inserting water resources2 and 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and4 7b7 ,compliance report ,section #ajd7;c7 of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7;c77 is amended-- 7#a7 by striking subsection 7c7 and inserting the following3 7c7 ,grants 7#a7 ,in general ,from the sums appropriated pursuant to subsection 7f7 of this section1 the ,secretary shall make grants to each institute to be matched on a basis of no less than #a non-,federal dollar for every #a ,federal dollar4 2 and 7#b7 by adding at the end the following3 7#b7 ,report ,not later than ,december #ca of each fiscal year1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on the ,budget of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on the ,budget of the ,house of ,representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year4 4 7c7 ,evaluation of water resources research program ,section #ajd of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,evaluation of water resources research program 7#a7 ,in general ,the ,secretary shall conduct a careful and detailed evaluation of each institute at least once every #e years to determine-- 7,a7 the quality and relevance of the water resources research of the institute2 7,b7 the effectiveness of the institute at producing measured results and applied water supply research2 and 7,c7 whether the effectiveness of the institute as an institution for planning1 conducting1 and arranging for research warrants continued support under this section4 7#b7 ,prohibition on further support ,if1 as a result of an evaluation under paragraph 7#a71 the ,secretary determines that an institute does not qualify for further support under this section1 no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the ,secretary4 4 7d7 ,authorization of appropriations ,section #ajd7;f77#a7 of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7;f77#a77 is amended by striking #ab1jjj1jjj for each of fiscal years #bjjg through #bjaa and inserting #h1bej1jjj for each fiscal years #bjbj through #bjbc4 7e7 ,additional appropriations where research focused on water problems of interstate nature ,section #ajd7;g77#a7 of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7;g77#a77 is amended in the first sentence by striking #f1jjj1jjj for each of fiscal years #bjjg through #bjaa and inserting #a1gej1jjj for each of fiscal years #bjbj through #bjbc4 ,e ,ground water recharge planning #haeaa4 ,ground water recharge planning 7a7 ,definitions ,in this section3 7#a7 ,critically overdrafted basins ,the term ,critically ,overdrafted ,basins means those basins identified by the ,california ,department of ,water ,resources pursuant to part #b4gd of the ,california ,water ,code 7commonly known as the ,california's ,sustainable ,groundwater ,management ,act74 7#b7 ,reclamation state ,the term ,reclamation ,state means a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey4 7b7 ,evaluation and report 7#a7 ,in general ,not later than #d years after the date of the enactment of this ,act1 the ,secretary shall complete an evaluation and report to ,congress that identifies potential ground water storage and recharge opportunities in each ,reclamation ,state including recharge opportunities in critically overdrafted basins to help inform future ,federal1 ,state1 local1 and other investment in ground water storage projects4 7#b7 ,report ,the report to ,congress shall include-- 7,a7 an assessment of potentially beneficial storage and recharge locations based on the ,secretary's assessment of-- 7i7 hydrologic attributes2 7ii7 geologic attributes2 7iii7 engineering attributes2 7iv7 water supply benefits2 7v7 environmental benefits2 7vi7 infrastructure benefits related to mitigation of subsidence-related infrastructure damage2 and 7vii7 sustainability benefits for critically overdrafted basins2 and 7,b7 an assessment of potential conveyance infrastructure needs to move excess runoff to the recharge locations identified by the ,secretary under this section4 7#c7 ,coordination ,to the maximum extent practicable1 the ,secretary shall coordinate research activities with ,reclamation ,state agencies1 ground water sustainability agencies1 universities and non-profit organizations in a manner designed to assist with implementation of ,state-led initiatives such as part #b4gd of the ,california ,water ,code 7commonly known as the ,sustainable ,groundwater ,management ,act74 ,f ,tribal ,water ,infrastructure #hafaa4 ,finding ,the ,,covid-#ai crisis has highlighted the lack of infrastructure and sanitation available in native communities4 ,addressing the ,indian ,health ,service's ,sanitation ,facilities ,deficiency ,list1 as included in the #bjah report titled ,annual ,report to the ,congress of the ,united ,states on ,sanitation ,deficiency ,levels for ,indian ,homes and ,communities1 will make investments in the necessary water infrastructure and1 in turn1 improve health outcomes4 #hafab4 ,indian ,health ,services ,sanitation ,facilities ,construction ,program funding 7a7 ,additional funding ,for the purpose described in subsection 7b71 in addition to any other funds available for such purpose1 there is authorized to be appropriated to the ,secretary of ,health and ,human ,services a total of #b1fgj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 7b7 ,purpose ,the purpose described in this subsection is the planning1 design1 construction1 modernization1 improvement1 and renovation of water1 sewer1 and solid waste sanitation facilities that are funded1 in whole or part1 by the ,indian ,health ,service through1 or provided for in1 a contract or compact with the ,service under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 7c7 ,priority for funding ,when awarding funding under this section1 the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,indian ,health ,service1 shall address the highest needs first as established in the #bjah report titled ,annual ,report to the ,congress of the ,united ,states on ,sanitation ,deficiency ,levels for ,indian ,homes and ,communities4 ,g ,navajo ,utah ,water ,rights ,settlement #hagaa4 ,purposes ,the purposes of this subtitle are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all claims to water rights in the ,state of ,utah for-- 7,a7 the ,navajo ,nation2 and 7,b7 the ,united ,states1 for the benefit of the ,nation2 7#b7 to authorize1 ratify1 and confirm the ,agreement entered into by the ,nation and the ,state1 to the extent that the ,agreement is consistent with this subtitle2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the ,agreement2 and 7,b7 to take any actions necessary to carry out the agreement in accordance with this subtitle2 and 7#d7 to authorize funds necessary for the implementation of the ,agreement and this subtitle4 #hagab4 ,definitions ,in this subtitle3 7#a7 ,agreement ,the term agreement means-- 7,a7 the document entitled ,navajo ,utah ,water ,rights ,settlement ,agreement dated ,december #ad1 #bjae1 and the exhibits attached thereto2 and 7,b7 any amendment or exhibit to the document or exhibits referenced in subparagraph 7,a7 to make the document or exhibits consistent with this subtitle4 7#b7 ,allotment ,the term allotment means a parcel of land-- 7,a7 granted out of the public domain that is-- 7i7 located within the exterior boundaries of the ,reservation2 or 7ii7 ,bureau of ,indian ,affairs parcel number #gib #fcdeaa in ,san ,juan ,county1 ,utah1 consisting of #afj acres located in ,township #da,s1 ,range #bj;,e1 sections #aa1 #ab1 and #ad1 originally set aside by the ,united ,states for the benefit of an individual identified in the allotting document as a ,navajo ,indian2 and 7,b7 held in trust by the ,united ,states-- 7i7 for the benefit of an individual1 individuals1 or an ,indian ,tribe other than the ,navajo ,nation2 or 7ii7 in part for the benefit of the ,navajo ,nation as of the enforceability date4 7#c7 ,allottee ,the term allottee means an individual or ,indian ,tribe with a beneficial interest in an allotment held in trust by the ,united ,states4 7#d7 ,enforceability date ,the term enforceability date means the date on which the ,secretary publishes in the ,federal ,register the statement of findings described in section #hagag7;a74 7#e7 ,general stream adjudication ,the term general stream adjudication means the adjudication pending1 as of the date of enactment1 in the ,seventh ,judicial ,district in and for ,grand ,county1 ,state of ,utah1 commonly known as the ,southeastern ,colorado ,river ,general ,adjudication1 ,civil ,no4 #hajgjddgg1 conducted pursuant to ,state law4 7#f7 ,injury to water rights ,the term injury to water rights means an interference with1 diminution of1 or deprivation of water rights under ,federal or ,state law1 excluding injuries to water quality4 7#g7 ,member ,the term member means any person who is a duly enrolled member of the ,navajo ,nation4 7#h7 ,navajo nation or nation ,the term ,navajo ,nation or ,nation means a body politic and federally recognized ,indian nation1 as published on the list established under section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a771 also known variously as the ,navajo ,nation1 the ,navajo ,nation of ,arizona1 ,new ,mexico1 ,utah1 and the ,navajo ,nation of ,indians and other similar names1 and includes all bands of ,navajo ,indians and chapters of the ,navajo ,nation and all divisions1 agencies1 officers1 and agents thereof4 7#i7 ,navajo water development projects ,the term ,navajo water development projects means projects for domestic municipal water supply1 including distribution infrastructure1 and agricultural water conservation1 to be constructed1 in whole or in part1 using monies from the ,navajo ,water ,development ,projects ,account4 7#aj7 ,navajo water rights ,the term ,navajo water rights means the ,nation's water rights in ,utah described in the agreement and this subtitle4 7#aa7 ,,om,r ,the term ,,om,r means operation1 maintenance1 and replacement4 7#ab7 ,parties ,the term parties means the ,navajo ,nation1 the ,state1 and the ,united ,states4 7#ac7 ,reservation ,the term ,reservation means1 for purposes of the agreement and this subtitle1 the ,reservation of the ,navajo ,nation in ,utah as in existence on the date of enactment of this ,act and depicted on the map attached to the agreement as ,exhibit ,a1 including any parcel of land granted out of the public domain and held in trust by the ,united ,states entirely for the benefit of the ,navajo ,nation as of the enforceability date4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of the ,united ,states ,department of the ,interior or a duly authorized representative thereof4 7#ae7 ,state ,the term ,state means the ,state of ,utah and all officers1 agents1 departments1 and political subdivisions thereof4 7#af7 ,united states ,the term ,united ,states means the ,united ,states of ,america and all departments1 agencies1 bureaus1 officers1 and agents thereof4 7#ag7 ,united states acting in its trust capacity ,the term ,united ,states acting in its trust capacity means the ,united ,states acting for the benefit of the ,navajo ,nation or for the benefit of allottees4 #hagac4 ,ratification of agreement 7a7 ,approval by congress ,except to the extent that any provision of the agreement conflicts with this subtitle1 ,congress approves1 ratifies1 and confirms the agreement 7including any amendments to the agreement that are executed to make the agreement consistent with this subtitle74 7b7 ,execution by secretary ,the ,secretary is authorized and directed to promptly execute the agreement to the extent that the agreement does not conflict with this subtitle1 including-- 7#a7 any exhibits to the agreement requiring the signature of the ,secretary2 and 7#b7 any amendments to the agreement necessary to make the agreement consistent with this subtitle4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the agreement and this subtitle1 the ,secretary shall comply with all applicable provisions of-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 all other applicable environmental laws and regulations4 7#b7 ,execution of the agreement ,execution of the agreement by the ,secretary as provided for in this subtitle shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #hagad4 ,navajo water rights 7a7 ,confirmation of navajo water rights 7#a7 ,quantification ,the ,navajo ,nation shall have the right to use water from water sources located within ,utah and adjacent to or encompassed within the boundaries of the ,reservation resulting in depletions not to exceed #ha1ejj acre-feet annually as described in the agreement and as confirmed in the decree entered by the general stream adjudication court4 7#b7 ,satisfaction of allottee rights ,depletions resulting from the use of water on an allotment shall be accounted for as a depletion by the ,navajo ,nation for purposes of depletion accounting under the agreement1 including recognition of-- 7,a7 any water use existing on an allotment as of the date of enactment of this subtitle and as subsequently reflected in the hydrographic survey report referenced in section #hagaf7;b72 7,b7 reasonable domestic and stock water uses put into use on an allotment2 and 7,c7 any allotment water rights that may be decreed in the general stream adjudication or other appropriate forum4 7#c7 ,satisfaction of on-reservation ,state law-based water rights ,depletions resulting from the use of water on the ,reservation pursuant to ,state law-based water rights existing as of the date of enactment of this ,act shall be accounted for as depletions by the ,navajo ,nation for purposes of depletion accounting under the agreement4 7#d7 ,in general ,the ,navajo water rights are ratified1 confirmed1 and declared to be valid4 7#e7 ,use ,any use of the ,navajo water rights shall be subject to the terms and conditions of the agreement and this subtitle4 7#f7 ,conflict ,in the event of a conflict between the agreement and this subtitle1 the provisions of this subtitle shall control4 7b7 ,trust status of ,navajo water rights ,the ,navajo water rights-- 7#a7 shall be held in trust by the ,united ,states for the use and benefit of the ,nation in accordance with the agreement and this subtitle2 and 7#b7 shall not be subject to forfeiture or abandonment4 7c7 ,authority of the nation 7#a7 ,in general ,the ,nation shall have the authority to allocate1 distribute1 and lease the ,navajo water rights for any use on the ,reservation in accordance with the agreement1 this subtitle1 and applicable ,tribal and ,federal law4 7#b7 ,off-reservation use ,the ,nation may allocate1 distribute1 and lease the ,navajo water rights for off-,reservation use in accordance with the agreement1 subject to the approval of the ,secretary4 7#c7 ,allottee water rights ,the ,nation shall not object in the general stream adjudication or other applicable forum to the quantification of reasonable domestic and stock water uses on an allotment1 and shall administer any water use on the ,reservation in accordance with applicable ,federal law1 including recognition of-- 7,a7 any water use existing on an allotment as of the date of enactment of this ,act and as subsequently reflected in the hydrographic survey report referenced in section #hagaf7;b72 7,b7 reasonable domestic and stock water uses on an allotment2 and 7,c7 any allotment water rights decreed in the general stream adjudication or other appropriate forum4 7d7 ,effect ,except as otherwise expressly provided in this section1 nothing in this subtitle-- 7#a7 authorizes any action by the ,nation against the ,united ,states under ,federal1 ,state1 ,tribal1 or local law2 or 7#b7 alters or affects the status of any action brought pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 #hagae4 ,navajo trust accounts 7a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,navajo ,utah ,settlement ,trust ,fund 7referred to in this subtitle as the ,trust ,fund71 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 consisting of the amounts deposited in the ,trust ,fund under subsection 7c71 together with any interest earned on those amounts1 for the purpose of carrying out this subtitle4 7b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following ,accounts3 7#a7 ,the ,navajo ,water ,development ,projects ,account4 7#b7 ,the ,navajo ,,om,r ,account4 7c7 ,deposits ,the ,secretary shall deposit in the ,trust ,fund ,accounts-- 7#a7 in the ,navajo ,water ,development ,projects ,account1 the amounts made available pursuant to section #hagaf7;a77#a72 and 7#b7 in the ,navajo ,,om,r ,account1 the amount made available pursuant to section #hagaf7;a77#b74 7d7 ,management and interest 7#a7 ,management ,upon receipt and deposit of the funds into the ,trust ,fund ,accounts1 the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7,a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7,b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7,c7 this section4 7#b7 ,investment earnings ,in addition to the deposits under subsection 7c71 any investment earnings1 including interest1 credited to amounts held in the ,trust ,fund are authorized to be appropriated to be used in accordance with the uses described in subsection 7h74 7e7 ,availability of amounts ,amounts appropriated to1 and deposited in1 the ,trust ,fund1 including any investment earnings1 shall be made available to the ,nation by the ,secretary beginning on the enforceability date and subject to the uses and restrictions set forth in this section4 7f7 ,withdrawals 7#a7 ,withdrawals ,under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid ,the ,nation may withdraw any portion of the funds in the ,trust ,fund on approval by the ,secretary of a tribal management plan submitted by the ,nation in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7,a7 ,requirements ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the ,tribal management plan under this paragraph shall require that the ,nation shall spend all amounts withdrawn from the ,trust ,fund and any investment earnings accrued through the investments under the ,tribal management plan in accordance with this subtitle4 7,b7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the ,tribal management plan to ensure that amounts withdrawn by the ,nation from the ,trust ,fund under this paragraph are used in accordance with this subtitle4 7#b7 ,withdrawals under expenditure plan ,the ,nation may submit to the ,secretary a request to withdraw funds from the ,trust ,fund pursuant to an approved expenditure plan4 7,a7 ,requirements ,to be eligible to withdraw funds under an expenditure plan under this paragraph1 the ,nation shall submit to the ,secretary for approval an expenditure plan for any portion of the ,trust ,fund that the ,nation elects to withdraw pursuant to this paragraph1 subject to the condition that the funds shall be used for the purposes described in this subtitle4 7,b7 ,inclusions ,an expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,trust ,fund will be used by the ,nation1 in accordance with subsections 7c7 and 7h74 7,c7 ,approval ,on receipt of an expenditure plan under this paragraph1 the ,secretary shall approve the plan1 if the ,secretary determines that the plan-- 7i7 is reasonable2 7ii7 is consistent with1 and will be used for1 the purposes of this subtitle2 and 7iii7 contains a schedule which described that tasks will be completed within #ah months of receipt of withdrawn amounts4 7,d7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this subtitle4 7g7 ,effect of act ,nothing in this subtitle gives the ,nation the right to judicial review of a determination of the ,secretary regarding whether to approve a ,tribal management plan or an expenditure plan except under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7h7 ,uses ,amounts from the ,trust ,fund shall be used by the ,nation for the following purposes3 7#a7 ,the ,navajo ,water ,development ,projects ,account shall be used to plan1 design1 and construct the ,navajo water development projects and for the conduct of related activities1 including to comply with ,federal environmental laws4 7#b7 ,the ,navajo ,,om,r ,account shall be used for the operation1 maintenance1 and replacement of the ,navajo water development projects4 7i7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,nation under subsection 7f74 7j7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any member of the ,nation4 7k7 ,expenditure reports ,the ,navajo ,nation shall submit to the ,secretary annually an expenditure report describing accomplishments and amounts spent from use of withdrawals under a ,tribal management plan or an expenditure plan as described in this subtitle4 #hagaf4 ,authorization of appropriations 7a7 ,authorization ,there are authorized to be appropriated to the ,secretary-- 7#a7 for deposit in the ,navajo ,water ,development ,projects ,account of the ,trust ,fund established under section #hagae7;b77#a71 #aih1cjj1jjj1 which funds shall be retained until expended1 withdrawn1 or reverted to the general fund of the ,treasury2 and 7#b7 for deposit in the ,navajo ,,om,r ,account of the ,trust ,fund established under section #hagae7;b77#b71 #aa1ajj1jjj1 which funds shall be retained until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7b7 ,implementation costs ,there is authorized to be appropriated non-trust funds in the amount of #a1jjj1jjj to assist the ,united ,states with costs associated with the implementation of the subtitle1 including the preparation of a hydrographic survey of historic and existing water uses on the ,reservation and on allotments4 7c7 ,state cost share ,the ,state shall contribute #h1jjj1jjj payable to the ,secretary for deposit into the ,navajo ,water ,development ,projects ,account of the ,trust ,fund established under section #hagae7;b77#a7 in installments in each of the #c years following the execution of the agreement by the ,secretary as provided for in subsection 7b7 of section #hagac4 7d7 ,fluctuation in costs ,the amount authorized to be appropriated under subsection 7a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this ,act as indicated by the ,bureau of ,reclamation ,construction ,cost ,index--,composite ,trend4 7#a7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7#b7 ,period of indexing ,the period of indexing adjustment for any increment of funding shall end on the date on which funds are deposited into the ,trust ,fund4 #hagag4 ,conditions precedent 7a7 ,in general ,the waivers and release contained in section #hagah of this subtitle shall become effective as of the date the ,secretary causes to be published in the ,federal ,register a statement of findings that-- 7#a7 to the extent that the agreement conflicts with the ,act1 the agreement has been revised to conform with this subtitle2 7#b7 the agreement1 so revised1 including waivers and releases of claims set forth in section #hagah1 has been executed by the parties1 including the ,united ,states2 7#c7 ,congress has fully appropriated1 or the ,secretary has provided from other authorized sources1 all funds authorized under subsection 7a7 of section #hagaf2 7#d7 the ,state has enacted any necessary legislation and provided the funding required under the agreement and subsection 7c7 of section #hagaf2 and 7#e7 the court has entered a final or interlocutory decree that-- 7,a7 confirms the ,navajo water rights consistent with the agreement and this subtitle2 and 7,b7 with respect to the ,navajo water rights1 is final and nonappealable4 7b7 ,expiration date ,if all the conditions precedent described in subsection 7a7 have not been fulfilled to allow the ,secretary's statement of findings to be published in the ,federal ,register by ,october #ca1 #bjcj-- 7#a7 the agreement and this subtitle1 including waivers and releases of claims described in those documents1 shall no longer be effective2 7#b7 any funds that have been appropriated pursuant to section #hagaf but not expended1 including any investment earnings on funds that have been appropriated pursuant to such section1 shall immediately revert to the general fund of the ,treasury2 and 7#c7 any funds contributed by the ,state pursuant to subsection 7c7 of section #hagaf but not expended shall be returned immediately to the ,state4 7c7 ,extension ,the expiration date set forth in subsection 7b7 may be extended if the ,navajo ,nation1 the ,state1 and the ,united ,states 7acting through the ,secretary7 agree that an extension is reasonably necessary4 #hagah4 ,waivers and releases 7a7 ,in ,general 7#a7 ,waiver and release of claims by the nation and the united states acting in its capacity as trustee for the nation ,subject to the retention of rights set forth in subsection 7c71 in return for confirmation of the ,navajo water rights and other benefits set forth in the agreement and this subtitle1 the ,nation1 on behalf of itself and the members of the ,nation 7other than members in their capacity as allottees71 and the ,united ,states1 acting as trustee for the ,nation and members of the ,nation 7other than members in their capacity as allottees71 are authorized and directed to execute a waiver and release of-- 7,a7 all claims for water rights within ,utah based on any and all legal theories that the ,navajo ,nation or the ,united ,states acting in its trust capacity for the ,nation1 asserted1 or could have asserted1 at any time in any proceeding1 including to the general stream adjudication1 up to and including the enforceability date1 except to the extent that such rights are recognized in the agreement and this subtitle2 and 7,b7 all claims for damages1 losses1 or injuries to water rights or claims of interference with1 diversion1 or taking of water rights 7including claims for injury to lands resulting from such damages1 losses1 injuries1 interference with1 diversion1 or taking of water rights7 within ,utah against the ,state1 or any person1 entity1 corporation1 or municipality1 that accrued at any time up to and including the enforceability date4 7b7 ,claims by the navajo nation against the united states ,the ,navajo ,nation1 on behalf of itself 7including in its capacity as allottee7 and its members 7other than members in their capacity as allottees71 shall execute a waiver and release of-- 7#a7 all claims the ,navajo ,nation may have against the ,united ,states relating in any manner to claims for water rights in1 or water of1 ,utah that the ,united ,states acting in its trust capacity for the ,nation asserted1 or could have asserted1 in any proceeding1 including the general stream adjudication2 7#b7 all claims the ,navajo ,nation may have against the ,united ,states relating in any manner to damages1 losses1 or injuries to water1 water rights1 land1 or other resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights2 claims relating to interference with1 diversion1 or taking of water2 or claims relating to failure to protect1 acquire1 replace1 or develop water or water rights7 within ,utah that first accrued at any time up to and including the enforceability date2 7#c7 all claims the ,nation may have against the ,united ,states relating in any manner to the litigation of claims relating to the ,nation's water rights in proceedings in ,utah2 and 7#d7 all claims the ,nation may have against the ,united ,states relating in any manner to the negotiation1 execution1 or adoption of the agreement or this subtitle4 7c7 ,reservation of rights and retention of claims by the navajo nation and the united states ,notwithstanding the waivers and releases authorized in this subtitle1 the ,navajo ,nation1 and the ,united ,states acting in its trust capacity for the ,nation1 retain-- 7#a7 all claims for injuries to and the enforcement of the agreement and the final or interlocutory decree entered in the general stream adjudication1 through such legal and equitable remedies as may be available in the decree court or the ,federal ,district ,court for the ,district of ,utah2 7#b7 all rights to use and protect water rights acquired after the enforceability date2 7#c7 all claims relating to activities affecting the quality of water1 including any claims under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq4 7including claims for damages to natural resources771 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 and the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the regulations implementing those ,acts1 and the common law2 7#d7 all claims for water rights1 and claims for injury to water rights1 in states other than the ,state of ,utah2 7#e7 all claims1 including environmental claims1 under any laws 7including regulations and common law7 relating to human health1 safety1 or the environment2 and 7#f7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to the agreement and this subtitle4 7d7 ,effect ,nothing in the agreement or this subtitle-- 7#a7 affects the ability of the ,united ,states acting in its sovereign capacity to take actions authorized by law1 including any laws relating to health1 safety1 or the environment1 including the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 and the regulations implementing those laws2 7#b7 affects the ability of the ,united ,states to take actions in its capacity as trustee for any other ,indian ,tribe or allottee2 7#c7 confers jurisdiction on any ,state court to-- 7,a7 interpret ,federal law regarding health1 safety1 or the environment or determine the duties of the ,united ,states or other parties pursuant to such ,federal law2 and 7,b7 conduct judicial review of ,federal agency action2 or 7#d7 modifies1 conflicts with1 preempts1 or otherwise affects-- 7,a7 the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7,b7 the ,boulder ,canyon ,project ,adjustment ,act 7#dc ,u4,s4,c4 #fah et seq472 7,c7 the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 7,d7 the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aeja et seq472 7,e7 the ,treaty between the ,united ,states of ,america and ,mexico respecting utilization of waters of the ,colorado and ,tijuana ,rivers and of the ,rio ,grande1 signed at ,washington ,february #c1 #aidd 7#ei ,stat4 #abai72 7,f7 the ,colorado ,river ,compact of #aibb1 as approved by the ,presidential ,proclamation of ,june #be1 #aibi 7#df ,stat4 #cjjj72 and 7,g7 the ,upper ,colorado ,river ,basin ,compact as consented to by the ,act of ,april #f1 #aidi 7#fc ,stat4 #ca1 chapter #dh74 7e7 ,tolling of claims 7#a7 ,in general ,each applicable period of limitation and time-based equitable defense relating to a claim waived by the ,navajo ,nation described in this section shall be tolled for the period beginning on the date of enactment of this ,act and ending on the enforceability date4 7#b7 ,effect of subsection ,nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this ,act4 7#c7 ,limitation ,nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law4 #hagai4 ,miscellaneous provisions 7a7 ,precedent ,nothing in this subtitle establishes any standard for the quantification or litigation of ,federal reserved water rights or any other ,indian water claims of any other ,indian ,tribe in any other judicial or administrative proceeding4 7b7 ,other ,indian ,tribes ,nothing in the agreement or this subtitle shall be construed in any way to quantify or otherwise adversely affect the water rights1 claims1 or entitlements to water of any ,indian ,tribe1 band1 or community1 other than the ,navajo ,nation4 #hagbj4 ,relation to allottees 7a7 ,no effect on claims of allottees ,nothing in this subtitle or the agreement shall affect the rights or claims of allottees1 or the ,united ,states1 acting in its capacity as trustee for or on behalf of allottees1 for water rights or damages related to lands allotted by the ,united ,states to allottees1 except as provided in section #hagad7;a77#b74 7b7 ,relationship of decree to allottees ,allottees1 or the ,united ,states1 acting in its capacity as trustee for allottees1 are not bound by any decree entered in the general stream adjudication confirming the ,navajo water rights and shall not be precluded from making claims to water rights in the general stream adjudication4 ,allottees1 or the ,united ,states1 acting in its capacity as trustee for allottees1 may make claims and such claims may be adjudicated as individual water rights in the general stream adjudication4 #hagba4 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this subtitle 7including any obligation or activity under the agreement7 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this subtitle4 ,,ii ,national ,parks1 ,forests1 and ,public ,lands ,a ,public ,lands ,telecommunications #hbaja4 ,definitions ,in this ,act3 7#a7 ,communications site ,the term communications site means an area of ,federal lands designated for telecommunications uses4 7#b7 ,communications use ,the term communications use means the placement and operation of infrastructure for wireline or wireless telecommunications1 including cable television1 television1 and radio communications1 regardless of whether such placement and operation is pursuant to a license issued by the ,federal ,communications ,commission or on an unlicensed basis in accordance with the regulations of the ,commission4 ,the term includes ancillary activities1 uses1 or facilities directly related to such placement and operation4 7#c7 ,communications use authorization ,the term communications use authorization means a right-of-way1 permit1 or lease granted1 issued1 or executed by a ,federal land management agency for the primary purpose of authorizing the occupancy and use of ,federal lands for communications use4 7#d7 ,federal land management agency ,the term ,federal land management agency means the ,national ,park ,service1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,bureau of ,reclamation4 7#e7 ,federal lands ,the term ,federal lands means lands under the jurisdiction and management of a ,federal land management agency4 7#f7 ,rental fee ,the term rental fee means the fee collected by a ,federal land management agency for the occupancy and use authorized by a communications use authorization pursuant to and consistent with authorizing law4 #hbajb4 ,collection and retention of rental fees associated with communications use authorizations on ,federal lands and ,federal land management agency support for communication site programs 7a7 ,special account required ,the ,secretary of the ,treasury shall establish a special account in the ,treasury for each ,federal land management agency for the deposit of rental fees received by the ,federal land management agency for communications use authorizations on ,federal lands granted1 issued1 or executed by the ,federal land management agency4 7b7 ,competitively neutral ,notwithstanding any other provision of law1 any rental fees collected pursuant to this ,act shall be competitively neutral1 technology neutral1 and nondiscriminatory with respect to other uses of the communication site4 7c7 ,rental fees 7#a7 ,limitation on amount of rental fees ,rental fees shall not exceed the fee schedules published by the ,secretary of the ,interior for communication use rights-of-way4 7#b7 ,revision of rental fee schedules for communication sites rights of way ,not later than #a year after the date of the enactment of this ,act1 through a public process that includes consideration of industry comments1 the ,secretary of the ,interior shall revise the communication sites rights-of-way rental fee schedule to reflect current communication technologies1 including the physical footprint of such technologies4 7d7 ,deposit and retention of rental fees ,rental fees received by a ,federal land management agency shall-- 7#a7 be deposited in the special account established for that ,federal land management agency2 and 7#b7 remain available for expenditure under subsection 7e71 to the extent and in such amounts as are provided in advance in appropriation ,acts4 7e7 ,expenditure of retained fees ,amounts deposited in the special account for a ,federal land management agency shall be used solely for ,federal land management agency activities related to communications sites1 including the following3 7#a7 ,administering communications use authorizations1 including cooperative agreements under section #d4 7#b7 ,preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to ,federal lands4 7#c7 ,developing management plans for communications sites on or adjacent to ,federal lands on a competitively neutral1 technology neutral1 nondiscriminatory basis4 7#d7 ,training for management of communications sites on or adjacent to ,federal lands4 7#e7 ,obtaining1 improving access to1 or establishing communications sites on or adjacent to ,federal lands4 7f7 ,no effect on other fee retention authorities ,this ,act shall not limit or otherwise affect fee retention by a ,federal land management agency under any other authority4 #hbajc4 ,cooperative agreement authority ,the ,secretary of the ,interior may enter into cooperative agreements to carry out the activities described in section #c7;e74 ,b ,outdoors for ,all #hbbja4 ,definitions ,in this ,act3 7#a7 ,eligible entity 7,a7 ,in general ,the term eligible entity means-- 7i7 a ,state2 7ii7 a political subdivision of a ,state1 including-- 7,i7 a city2 and 7,,ii7 a county2 7iii7 a special purpose district1 including park districts2 and 7iv7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7,b7 ,political subdivisions and ,indian tribes ,a political subdivision of a ,state or an ,indian tribe shall be considered an eligible entity only if the political subdivision or ,indian tribe represents or otherwise serves a qualifying urban area4 7#b7 ,outdoor recreation legacy partnership grant program ,the term ,outdoor ,recreation ,legacy ,partnership ,grant ,program means the program established under section #c7;a74 7#c7 ,qualifying urban area ,the term qualifying urban area means an area identified by the ,census ,bureau as an 8urban area0 in the most recent census4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #hbbjb4 ,grants authorized 7a7 ,in general ,the ,secretary shall establish an outdoor recreation legacy partnership grant program under which the ,secretary may award grants to eligible entities for projects-- 7#a7 to acquire land and water for parks and other outdoor recreation purposes2 and 7#b7 to develop new or renovate existing outdoor recreation facilities4 7b7 ,matching requirement 7#a7 ,in general ,as a condition of receiving a grant under subsection 7a71 an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than #ajj percent of the amounts made available under the grant4 7#b7 ,sources ,the matching amounts referred to in paragraph 7#a7 may include amounts made available from ,state1 local1 nongovernmental1 or private sources4 7#c7 ,waiver ,the ,secretary may waive all or part of the matching requirement under paragraph 7#a7 if the ,secretary determines that-- 7,a7 no reasonable means are available through which an applicant can meet the matching requirement2 and 7,b7 the probable benefit of such project outweighs the public interest in such matching requirement4 #hbbjc4 ,eligible uses 7a7 ,in general ,a grant recipient may use a grant awarded under this ,act-- 7#a7 to acquire land or water that provides outdoor recreation opportunities to the public2 and 7#b7 to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public1 with priority given to projects that-- 7,a7 create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community2 7,b7 engage and empower underserved communities and youth2 7,c7 provide opportunities for youth employment or job training2 7,d7 establish or expand public-private partnerships1 with a focus on leveraging resources2 and 7,e7 take advantage of coordination among various levels of government4 7b7 ,limitations on use ,a grant recipient may not use grant funds for-- 7#a7 grant administration costs2 7#b7 incidental costs related to land acquisition1 including appraisal and titling2 7#c7 operation and maintenance activities2 7#d7 facilities that support semiprofessional or professional athletics2 7#e7 indoor facilities such as recreation centers or facilities that support primarily non-outdoor purposes2 or 7#f7 acquisition of land or interests in land that restrict access to specific persons4 #hbbjd4 ,national park service requirements ,in carrying out the ,outdoor ,recreation ,legacy ,partnership ,grant ,program1 the ,secretary shall-- 7#a7 conduct an initial screening and technical review of applications received2 and 7#b7 evaluate and score all qualifying applications4 #hbbje4 ,reporting 7a7 ,annual reports ,not later than #cj days after the last day of each report period1 each ,state lead agency that receives a grant under this ,act shall annually submit to the ,secretary performance and financial reports that-- 7#a7 summarize project activities conducted during the report period2 and 7#b7 provide the status of the project4 7b7 ,final reports ,not later than #ij days after the earlier of the date of expiration of a project period or the completion of a project1 each ,state lead agency that receives a grant under this ,act shall submit to the ,secretary a final report containing such information as the ,secretary may require4 #hbbjf4 ,revenue sharing ,section #aje7;a77#b77;,b7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note2 ,public ,law #aji-dcb7 is amended by inserting before the period at the end 1 of which #bj percent for each of fiscal years #bjbj through #bjeh shall be used by the ,secretary of the ,interior to provide grants under the ,outdoor ,recreation ,legacy ,partnership ,grant ,program ,act4 ,c ,updated ,borrowing ,authority #hbcja4 ,presidio ,trust borrowing authority ,section #ajd7;d77#b7 of ,public ,law #ajd-ccc is amended by striking the first sentence and inserting the following3 ,the ,trust shall also have the authority to issue obligations to the ,secretary of the ,treasury and the ,secretary of the ,treasury shall purchase such obligations44 ,d ,forest ,service ,legacy ,roads and ,trails ,remediation ,program #hbdja4 ,forest ,service ,legacy ,roads and ,trails ,remediation ,program 7a7 ,in general ,the ,secretary of ,agriculture shall establish and maintain a ,forest ,service ,legacy ,roads and ,trails ,remediation ,program 7referred to in this section as the ,program7 within the ,national ,forest ,system-- 7#a7 to restore fish and other aquatic organism passage by removing or replacing unnatural barriers to the passage of fish and other aquatic organisms2 7#b7 to decommission unneeded roads and trails2 and 7#c7 to carry out associated activities4 7b7 ,priority ,in implementing the ,program1 the ,secretary shall give priority to projects that protect or restore-- 7#a7 water quality2 7#b7 watersheds that feed public drinking water systems2 or 7#c7 habitat for threatened1 endangered1 and sensitive fish and wildlife species4 7c7 ,national program strategy ,not later than #ahj days after the date of enactment of this ,act1 the ,chief of the ,forest ,service shall develop a national strategy for implementing the ,program and share the national strategy with the ,committee on ,natural ,resources1 ,committee on ,agriculture1 and ,committee on ,appropriations of the ,house of ,representatives1 and the ,committee on ,appropriations1 ,committee on ,agriculture1 ,nutrition1 and ,forestry1 and the ,committee on ,energy and ,natural ,resources of the ,senate4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbc1 to remain available until expended4 ,e ,long ,bridge #hbeja4 ,authorization of ,national ,park ,service conveyances 7a7 ,on request of the ,state of ,virginia or the ,district of ,columbia1 as applicable1 the ,secretary of the ,interior 7acting through the ,director of the ,national ,park ,service7 7referred to in this section as the ,secretary7 may1 subject to any terms and conditions that the ,secretary determines to be necessary1 convey to the ,state of ,virginia or the ,district of ,columbia1 as applicable1 any ,federal land or interest in ,federal land under the jurisdiction of the ,secretary that is identified by the ,state of ,virginia or the ,district of ,columbia1 as applicable1 as necessary for the ,long ,bridge ,project1 which is a project consisting of improvements to the ,long ,bridge and related railroad infrastructure between ,rossyln 7,,ro7 ,interlocking in ,arlington1 ,virginia1 and ,l',enfant 7,,le7 ,interlocking near #ajth ,street ,,sw in ,washington1 ,,dc1 the purpose of which is to expand commuter and regional passenger rail service and provide bicycle and pedestrian access crossings over the ,potomac ,river4 7b7 ,if any portion of the ,federal land or interest in ,federal land conveyed under subsection 7a7 is no longer being used for railroad purposes or recreational use1 the portion of the ,federal land or interest in the portion of the land shall revert to the ,secretary1 on a determination by the ,secretary that the portion of the ,federal land has been remediated and restored to a condition determined to be satisfactory by the ,secretary4 7c7 ,the ,secretary may permit the temporary use of any ,federal land under the jurisdiction of the ,secretary that is identified by the ,state of ,virginia or the ,district of ,columbia1 as applicable1 as necessary for the construction of the project described in subsection 7a71 subject to any terms and conditions determined to be necessary by the ,secretary4 7d7 ,notwithstanding any other provision of law1 the ,secretary may recover from the ,state of ,virginia or the ,district of ,columbia1 as applicable1 all costs incurred by the ,secretary in providing or procuring necessary services associated with a conveyance under subsection 7a7 or use authorized under subsection 7c71 with such amounts to remain available to the ,secretary until expended1 without further appropriation4 ,f ,western ,riverside ,county ,wildlife ,refuge #hbfja4 ,the ,secretary of the ,interior 7in this subtitle referred to as the ,secretary71 acting through the ,u4,s4 ,fish and ,wildlife ,service1 shall establish as a national wildlife refuge the lands1 waters1 and interests therein acquired under section #hbfjd4 ,the national wildlife refuge shall be known as the ,western ,riverside ,county ,national ,wildlife ,refuge 7in this subtitle referred to as the ,wildlife ,refuge74 #hbfjb4 ,purpose ,the purpose of the ,wildlife ,refuge shall be-- 7#a7 to conserve1 manage1 and restore wildlife habitats for the benefit of present and future generations of ,americans2 7#b7 to conserve species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or the ,california ,endangered ,species ,act 7,california ,fish and ,game ,code #bjej-bjfh71 or which is a covered species under the ,western ,riverside ,county ,multiple ,species ,habitat ,conservation ,plan2 7#c7 to support the recovery and protection of threatened and endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#d7 to provide for wildlife habitat connectivity and migratory corridors within the ,western ,riverside ,county ,multiple ,species ,habitat ,conservation ,plan ,area4 #hbfjc4 ,notification of establishment ,the ,secretary shall publish notice of the establishment of the ,wildlife ,refuge in the ,federal ,register4 #hbfjd4 ,boundaries ,the ,secretary shall include within the boundaries of the ,wildlife ,refuge the lands and waters within the ,western ,riverside ,county ,multiple ,species ,habitat ,conservation ,plan ,area 7as depicted on maps and described in the ,final ,western ,riverside ,county ,multiple ,species ,habitat ,conservation ,plan dated ,june #ag1 #bjjc7 that are owned by the ,federal government1 a ,state1 or a political subdivision of a ,state on the date of enactment4 #hbfje4 ,administration 7a7 ,in general ,upon the establishment of the ,wildlife ,refuge and thereafter1 the ,secretary shall administer all federally owned lands1 waters1 and interests in the ,wildlife ,refuge in accordance with the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq47 and this subtitle4 ,the ,secretary may use such additional statutory authority as may be available to the ,secretary for the conservation1 management1 and restoration of fish and wildlife and natural resources1 the development of compatible wildlife dependent outdoor recreation opportunities1 and the facilitation of fish and wildlife interpretation and education as the ,secretary considers appropriate to carry out the purposes of this subtitle and serve the objectives of the ,western ,riverside ,county ,multiple ,species ,habitat ,conservation ,plan4 7b7 ,cooperative agreements regarding non-,federal lands ,the ,secretary may enter into cooperative agreements with the ,state of ,california1 any political subdivision thereof1 or any other person-- 7#a7 for the management1 in a manner consistent with this subtitle and the ,western ,riverside ,county ,multiple ,species ,habitat ,conservation ,plan1 of lands that are owned by such ,state1 subdivision1 or other person and located within the boundaries of the ,wildlife ,refuge2 7#b7 to promote public awareness of the natural resources of the ,western ,riverside ,county ,multiple ,species ,habitat ,conservation ,plan ,area2 or 7#c7 to encourage public participation in the conservation of those resources4 #hbfjf4 ,acquisition and transfers of lands and waters for wildlife refuge 7a7 ,acquisitions ,the ,secretary shall acquire by donation1 purchase with appropriated funds1 or exchange the lands and water1 or interest therein 7including conservation easements71 within the boundaries of the ,wildlife ,refuge1 except that the lands1 water1 and interests therein owned by the ,state of ,california and its political subdivisions may be acquired only by donation4 7b7 ,transfers 7#a7 ,in general ,the head of any ,federal department or agency1 including any agency within the ,department of the ,interior1 that has jurisdiction of any ,federal property located within the boundaries of the ,wildlife ,refuge as described by this subtitle shall1 not later than #a year after the date of the enactment of this ,act1 submit to the ,secretary an assessment of the suitability of such property for inclusion in the ,wildlife ,refuge4 7#b7 ,assessment ,any assessment under paragraph 7#a7 shall include-- 7,a7 parcel descriptions and best existing land surveys for such property2 7,b7 a list of existing special reservations1 designations1 or purposes of the property2 7,c7 a list of all known or suspected hazardous substance contamination of such property1 and any facilities1 surface water1 or groundwater on such property2 7,d7 the status of withdrawal of such property from-- 7i7 the ,mineral ,leasing ,act2 and 7ii7 the ,general ,mining ,act of #ahgb2 and 7,e7 a recommendation as to whether such property is or is not suitable for inclusion in the ,wildlife ,refuge4 7#c7 ,inclusion in wildlife refuge 7,a7 ,in general ,the ,secretary shall1 not later than #fj days after receiving an assessment submitted pursuant to paragraph 7#a71 determine if the property described in such assessment is suitable for inclusion in the ,wildlife ,refuge4 7,b7 ,transfer ,if the ,secretary determines the property in an assessment submitted under paragraph 7#a7 is suitable for inclusion in the ,wildlife ,refuge1 the head of the ,federal department or agency that has jurisdiction of such property shall transfer such property to the administrative jurisdiction of the ,secretary for the purposes of this subtitle4 7#d7 ,property unsuitable for inclusion ,property determined by the ,secretary to be unsuitable for inclusion in the ,wildlife ,refuge based on an assessment submitted under paragraph 7#a7 shall be subsequently transferred to the ,secretary for purposes of this subtitle by the head of the department or agency that has jurisdiction of such property if such property becomes suitable for inclusion in the ,wildlife ,refuge as determined by the ,secretary in consultation with the head of the department or agency that has jurisdiction of such property4 7#e7 ,public access ,if property transferred to the ,secretary under this subsection allows for public access at the time of transfer1 such access shall be maintained unless such access-- 7,a7 would be incompatible with the purposes of the ,wildlife ,refuge2 7,b7 would jeopardize public health or safety2 or 7,c7 must be limited due to emergency circumstances4 ,g ,tribal ,land to ,trust #hbgja4 ,lands to be taken into trust 7a7 ,in general ,the approximately #b1efj acres of land owned by the ,agua ,caliente ,band of ,cahuilla ,indians1 numbered #af1 #ba1 #bg1 and #bi and generally depicted as ,,blm ,exchange ,lands 7#b1efj ,acres7 on the map titled ,,acbci_/,,blm ,,land ,,exchange is hereby taken into trust for the benefit of the ,agua ,caliente ,band of ,cahuilla ,indians4 7b7 ,lands part of reservation ,lands taken into trust by this section shall be part of the ,tribe's reservation and shall be administered in accordance with the laws and regulations generally applicable to property held in trust by the ,united ,states for an ,indian tribe4 7c7 ,gaming prohibited ,lands taken into trust by this section for the benefit of the ,agua ,caliente ,band of ,cahuilla ,indians shall not be eligible for gaming under the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgja et seq474 ,,iii ,oceans and ,wildlife ,a ,coastal and ,great ,lakes ,resiliency and ,restoration #hcaja4 ,shovel-,ready ,restoration and ,resiliency ,grant ,program 7a7 ,establishment ,the ,secretary shall establish a grant program to provide funding and technical assistance to eligible entities for purposes of carrying out a project described in subsection 7d74 7b7 ,project proposal ,to be considered for a grant under this section1 an eligible entity shall submit a grant proposal to the ,secretary in a time1 place1 and manner determined by the ,secretary4 ,such proposal shall include monitoring1 data collection1 and measurable performance criteria with respect to the project4 7c7 ,development of criteria ,the ,secretary shall select eligible entities to receive grants under this section based on criteria developed by the ,secretary1 in consultation with relevant offices of the ,national ,oceanic and ,atmospheric ,administration1 such as the ,office of ,habitat ,conservation and the ,office for ,coastal ,management4 7d7 ,eligible projects ,a project is described in this section if-- 7#a7 the purpose of the project is to restore a marine1 estuarine1 coastal1 or ,great ,lake habitat1 including-- 7,a7 restoration of habitat to protect or recover a species that is threatened1 endangered1 or a species of concern under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 through the removal or remediation of marine debris1 including derelict vessels and fishing gear1 in coastal and marine habitats2 and 7,c7 for the benefit of-- 7i7 shellfish2 7ii7 fish1 including diadromous fish2 or 7iii7 coral reefs2 or 7#b7 the project provides adaptation to climate change1 including-- 7,a7 by constructing or protecting ecological features or green infrastructure that protects coastal communities from sea level rise1 coastal storms1 or flooding2 and 7,b7 blue carbon projects4 7e7 ,priority ,in determining which projects to fund under this section1 the ,secretary shall give priority to a proposed project-- 7#a7 that would stimulate the economy2 7#b7 for which the applicant can demonstrate that the grant will fund work that will begin not more than #ij days after the date of the award2 7#c7 for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the ,,covid-#ai pandemic or pay a fisherman for the use of a fishing vessel or employ a fisherman that has been significantly impacted by unfair methods of competition or other actions from foreign governments1 as determined by the ,united ,states ,trade ,representative1 to supplant domestic seafood production or fish products2 7#d7 for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made2 or 7#e7 that includes communities that may not have adequate resources1 including low-income communities1 communities of color1 ,tribal communities1 and rural communities4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #c1jjj1jjj1jjj for fiscal year #bjbj to the ,secretary of ,commerce to carry out this section1 to remain available until expended4 7g7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a nonprofit1 a for-profit business1 an institution of higher education 7as such term is defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 a ,state1 local1 ,tribal1 or territorial government1 or1 with respect to a project described in subsection 7d77#c74 7#b7 ,fisherman ,the term fisherman means a commercial or for-hire fisherman or an oyster farmer4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 #hcajb4 ,living ,shoreline ,grant ,program 7a7 ,establishment ,the ,administrator shall make grants to eligible entities for purposes of-- 7#a7 designing and implementing large- and small-scale1 climate-resilient living shoreline projects2 and 7#b7 applying innovative uses of natural materials and systems to protect coastal communities1 habitats1 and natural system functions4 7b7 ,project proposals ,to be eligible to receive a grant under this section1 an eligible entity shall-- 7#a7 submit to the ,administrator a proposal for a living shoreline project1 including monitoring1 data collection1 and measurable performance criteria with respect to the project2 7#b7 demonstrate to the ,administrator that the entity has any permits or other authorizations from local1 ,state1 and ,federal government agencies necessary to carry out the living shoreline project or provide evidence demonstrating general support from such agencies2 and 7#c7 include an outreach or education component that seeks and solicits feedback from the local or regional community most directly affected by the proposal4 7c7 ,project selection 7#a7 ,development of criteria ,the ,administrator shall select eligible entities to receive grants under this section based on criteria developed by the ,administrator1 in consultation with relevant offices of the ,national ,oceanic and ,atmospheric ,administration1 such as the ,office of ,habitat ,conservation1 the ,office for ,coastal ,management1 and the ,restoration ,center4 7#b7 ,considerations ,in developing criteria under paragraph 7#a7 to evaluate a proposed living shoreline project1 the ,administrator shall take into account-- 7,a7 the potential of the project to protect the community and maintain the viability of the environment1 such as through protection of ecosystem functions1 environmental benefits1 or habitat types1 in the area where the project is to be carried out2 7,b7 the historic and future environmental conditions of the project site1 particularly those environmental conditions affected by climate change2 7,c7 the ecological benefits of the project2 7,d7 the ability of the entity proposing the project to demonstrate the potential of the project to protect the coastal community where the project is to be carried out1 including through-- 7i7 mitigating the effects of erosion2 7ii7 attenuating the impact of coastal storms and storm surge2 7iii7 mitigating shoreline flooding2 7iv7 mitigating the effects of sea level rise1 accelerated land loss1 and extreme tides2 7v7 sustaining1 protecting1 or restoring the functions and habitats of coastal ecosystems2 or 7vi7 such other forms of coastal protection as the ,administrator considers appropriate2 and 7,e7 the potential of the project to support resiliency at a military installation or community infrastructure supportive of a military installation 7as such terms are defined in section #bcia of title #aj1 ,united ,states ,code74 7#c7 ,priority ,in selecting living shoreline projects to receive grants under this section1 the ,administrator shall give priority consideration to a proposed project to be conducted in an area-- 7,a7 for which the ,president has declared1 during the #aj-year period preceding the submission of the proposal for the project under subsection 7b71 that a major disaster exists pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 because of a hurricane1 tropical storm1 coastal storm1 or flooding2 7,b7 that has a documented history of coastal erosion or frequent coastal inundation during that #aj-year period2 or 7,c7 which include communities that may not have adequate resources to prepare for or respond to coastal hazards1 including low income communities1 communities of color1 ,tribal communities1 and rural communities4 7#d7 ,minimum standards 7,a7 ,in general ,the ,administrator shall develop minimum standards to be used in selecting eligible entities to receive grants under this section1 taking into account-- 7i7 the considerations described in paragraph 7#b72 7ii7 the need for such standards to be general enough to accommodate concerns relating to specific project sites2 and 7iii7 the consideration of an established eligible entity program with systems to disburse funding from a single grant to support multiple small-scale projects4 7,b7 ,consultations ,in developing standards under subparagraph 7,a71 the ,administrator-- 7i7 shall consult with relevant offices of the ,national ,oceanic and ,atmospheric ,administration1 such as the ,office of ,habitat ,conservation1 the ,office for ,coastal ,management1 and the ,restoration ,center2 and 7ii7 may consult with-- 7,i7 relevant interagency councils1 such as the ,estuary ,habitat ,restoration ,council2 7,,ii7 ,tribes and ,tribal organizations2 7,,iii7 ,state coastal management agencies2 and 7,,iv7 relevant nongovernmental organizations4 7d7 ,use of funds ,a grant awarded under this section to an eligible entity to carry out a living shoreline project may be used by the eligible entity only-- 7#a7 to carry out the project1 including administration1 design1 permitting1 entry into negotiated indirect cost rate agreements1 and construction2 7#b7 to monitor1 collect1 and report data on the performance 7including performance over time7 of the project1 in accordance with standards issued by the ,administrator under subsection 7f77#b72 and 7#c7 to incentivize landowners to engage in living shoreline projects4 7e7 ,cost-,sharing 7#a7 ,in general ,except as provided in paragraph 7#b71 an eligible entity that receives a grant under this section to carry out a living shoreline project shall provide1 from non-,federal sources1 funds or other resources 7such as land or conservation easements or in-kind matching from private entities7 valued at not less than #ej percent of the total cost1 including administrative costs1 of the project4 7#b7 ,reduced matching requirement for certain communities ,the ,administrator may reduce or waive the matching requirement under paragraph 7#a7 for an eligible entity representing a community or nonprofit organization if-- 7,a7 the eligible entity submits to the ,administrator in writing-- 7i7 a request for such a reduction and the amount of the reduction2 and 7ii7 a justification for why the entity cannot meet the matching requirement2 and 7,b7 the ,administrator agrees with the justification4 7f7 ,monitoring and reporting 7#a7 ,in general ,the ,administrator shall require each eligible entity receiving a grant under this section 7or a representative of the entity7 to carry out a living shoreline project-- 7,a7 to transmit to the ,administrator data collected under the project2 7,b7 to monitor the project and to collect data on-- 7i7 the ecological benefits of the project and the protection provided by the project for the coastal community where the project is carried out1 including through-- 7,i7 mitigating the effects of erosion2 7,,ii7 attenuating the impact of coastal storms and storm surge2 7,,iii7 mitigating shoreline flooding2 7,,iv7 mitigating the effects of sea level rise1 accelerated land loss1 and extreme tides2 7,v7 sustaining1 protecting1 or restoring the functions and habitats of coastal ecosystems2 or 7,,vi7 such other forms of coastal protection as the ,administrator considers appropriate2 and 7ii7 the performance of the project in providing such protection2 7,c7 to make data collected under the project available on a publicly accessible internet website of the ,national ,oceanic and ,atmospheric ,administration2 and 7,d7 not later than #a year after the entity receives the grant1 and annually thereafter until the completion of the project1 to submit to the ,administrator a report on-- 7i7 the measures described in subparagraph 7,b72 and 7ii7 the effectiveness of the project in increasing protection of the coastal community where the project is carried out through living shorelines techniques1 including-- 7,i7 a description of-- 7aa7 the project2 7bb7 the activities carried out under the project2 and 7cc7 the techniques and materials used in carrying out the project2 and 7,,ii7 data on the performance of the project in providing protection to that coastal community4 7#b7 ,guidelines ,in developing guidelines relating to paragraph 7#a77;,c71 the ,administrator shall consider how additional data could safely be collected before and after major disasters or severe weather events to measure project performance and project recovery4 7#c7 ,standards 7,a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,administrator shall1 in consultation with relevant offices of the ,national ,oceanic and ,atmospheric ,administration1 relevant interagency councils1 and relevant nongovernmental organizations1 issue standards for the monitoring1 collection1 and reporting under subsection 7d77#b7 of data regarding the performance of living shoreline projects for which grants are awarded under this section4 7,b7 ,reporting ,the standards issued under subparagraph 7,a7 shall require an eligible entity receiving a grant under this section to report the data described in that subparagraph to the ,administrator on a regular basis4 7g7 ,authorization of appropriations ,there are authorized to be appropriated #ej1jjj1jjj to the ,administrator for each of fiscal years #bjbj through #bjbe for purposes of carrying out this section4 7h7 ,minimum required funds for shoreline projects located within the ,great ,lakes ,the ,secretary shall make not less than #aj percent of the funds awarded under this section to projects located in the ,great ,lakes4 7i7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,eligible entity ,the term eligible entity means any of the following3 7,a7 ,a unit of a ,state or local government4 7,b7 ,an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of such ,code4 7,c7 ,an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7#c7 ,living shoreline project ,the term living shoreline project-- 7,a7 means a project that-- 7i7 restores or stabilizes a shoreline1 including marshes1 wetlands1 and other vegetated areas that are part of the shoreline ecosystem1 by using natural materials and systems to create buffers to attenuate the impact of coastal storms1 currents1 flooding1 and wave energy and to prevent or minimize shoreline erosion while supporting coastal ecosystems and habitats2 7ii7 incorporates as many natural elements as possible1 such as native wetlands1 submerged aquatic plants1 corals1 oyster shells1 native grasses1 shrubs1 or trees2 7iii7 utilizes techniques that incorporate ecological and coastal engineering principles in shoreline stabilization2 and 7iv7 to the extent possible1 maintains or restores existing natural slopes and connections between uplands and adjacent wetlands or surface waters2 7,b7 may include the use of-- 7i7 natural elements1 such as sand1 wetland plants1 logs1 oysters or other shellfish1 submerged aquatic vegetation1 corals1 native grasses1 shrubs1 trees1 or coir fiber logs2 7ii7 project elements that provide ecological benefits to coastal ecosystems and habitats in addition to shoreline protection2 and 7iii7 structural materials1 such as stone1 concrete1 wood1 vinyl1 oyster domes1 or other approved engineered structures in combination with natural materials2 and 7,c7 may include a project that expands upon or restores natural living shorelines or existing living shoreline projects4 7#d7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 ,b ,wildlife ,corridors ,conservation ,act #hcbja4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,b7 the ,committee on ,environment and ,public ,works of the ,senate2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,e7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7,f7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,g7 in the case of impacts to military installations-- 7i7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7ii7 the ,committee on ,armed ,services of the ,senate4 7#b7 ,connectivity ,the term connectivity means the degree to which the landscape or seascape facilitates native species movement4 7#c7 ,corridor ,the term corridor means a feature of the landscape or seascape that-- 7,a7 provides habitat or ecological connectivity2 and 7,b7 allows for native species movement or dispersal4 7#d7 ,database ,the term ,database means the ,national ,wildlife ,corridors ,database established under section #hccda7;a74 7#e7 ,federal land or water ,the term ,federal land or water means any land or water1 or interest in land or water1 owned by the ,united ,states4 7#f7 ,fund ,the term ,fund means the ,wildlife ,corridors ,stewardship ,fund established by section #hcdja7;a74 7#g7 ,habitat ,the term habitat means land1 water1 and substrate occupied at any time during the life cycle of a native species that is necessary1 with respect to the native species1 for spawning1 breeding1 feeding1 growth to maturity1 or migration4 7#h7 ,indian land ,the term ,indian land means land of an ,indian ,tribe1 or an ,indian individual1 that is-- 7,a7 held in trust by the ,united ,states2 or 7,b7 subject to a restriction against alienation imposed by the ,united ,states4 7#i7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#aj7 ,national coordination committee ,the term ,national ,coordination ,committee means the ,national ,coordination ,committee established under section #hcccb7;a74 7#aa7 ,national wildlife corridor ,the term ,national ,wildlife ,corridor means any ,federal land or water designated as a ,national ,wildlife ,corridor under section #hcbaa7;a74 7#ab7 ,national wildlife corridor system ,the term ,national ,wildlife ,corridor ,system means the system of ,national ,wildlife ,corridors established by section #hcbaa7;a74 7#ac7 ,native species ,the term native species means-- 7,a7 a fish1 wildlife1 or plant species that is or was historically present in a particular ecosystem as a result of natural migratory or evolutionary processes1 including subspecies and plant varieties2 or 7,b7 a migratory bird species that is native to the ,united ,states or its territories 7as defined in section #b7;b7 of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc7;b7774 7#ad7 ,regional ocean partnership ,the term regional ocean partnership means a regional organization of coastal or ,great ,lakes ,states1 territories1 or possessions voluntarily convened by ,governors to address cross-jurisdictional ocean matters1 or the functional equivalent of such a regional ocean organization designated by the ,governor or ,governors of a ,state or ,states4 7#ae7 ,regional wildlife movement council ,the term regional wildlife movement council means a regional wildlife movement council established under section #hcccc7;a74 7#af7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 concerning land contained within the ,national ,forest ,system2 7,b7 the ,secretary of ,commerce2 7,c7 the ,secretary of ,defense2 7,d7 the ,secretary of the ,interior2 and 7,e7 the ,secretary of ,transportation4 7#ag7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#ah7 ,tribal wildlife corridor ,the term ,tribal ,wildlife ,corridor means a corridor established by the ,secretary under section #hccba7;a77#a77;,c74 7#ai7 ,united states ,the term ,united ,states1 when used in a geographical sense1 means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,federated ,states of ,micronesia2 7,h7 the ,republic of the ,marshall ,islands2 7,i7 the ,republic of ,palau2 7,j7 the ,united ,states ,virgin ,islands2 and 7,k7 the territorial sea 7within the meaning of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq477 and the exclusive economic zone 7as defined in section #c of that ,act 7#af ,u4,s4,c4 #ahjb77 within the jurisdiction or sovereignty of the ,federal ,government4 7#bj7 ,wildlife movement ,the term wildlife movement means the passage of individual members or populations of a fish1 wildlife1 or plant species across a landscape or seascape4 7#ba7 ,military installation ,the term military installation has the meaning given the term in section #ajj of the ,sikes ,act 7#af ,u4,s4,c4 #fgj71 and also includes military off-shore range complexes and off-shore operating areas4 #a ,national ,wildlife ,corridor ,system on ,federal ,land and ,water #hcbaa4 ,national wildlife corridors 7a7 ,establishment ,there is established a system of corridors on ,federal land and water1 to be known as the ,national ,wildlife ,corridor ,system1 which shall consist of ,national ,wildlife ,corridors designated as part of the ,national ,wildlife ,corridor ,system by-- 7#a7 statute2 7#b7 rulemaking under section #hcbab2 or 7#c7 a land management plan developed or revised under section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab74 7b7 ,strategy ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall develop a strategy for the effective development of the ,national ,wildlife ,corridor ,system-- 7#a7 to support the fulfillment of the purposes described in section #hcbab7;b72 7#b7 to ensure coordination and consistency across ,federal agencies in the development1 implementation1 and management of ,national ,wildlife ,corridors2 and 7#c7 to develop a timeline for the implementation of ,national ,wildlife ,corridors4 #hcbab4 ,administrative designation of national wildlife corridors 7a7 ,rulemaking 7#a7 ,national wildlife corridors ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretaries1 pursuant to the land1 water1 and resource management planning and conservation authorities of the ,secretaries1 shall establish a process1 by regulation1 for the designation and management of ,national ,wildlife ,corridors on ,federal land or water under the respective jurisdictions of the ,secretaries4 ,where a ,national ,wildlife ,corridor crosses federal land or water under the jurisdiction of several secretaries1 then the ,secretary must obtain concurrence from the applicable ,secretaries before a ,national ,wildlife ,corridor may be designated4 7#b7 ,federal land and water management ,the ,secretaries shall consider the designation of ,national ,wildlife ,corridors in any process relating to the issuance1 revision1 or modification of a management plan for land or water under the respective jurisdiction of the ,secretaries insofar as a corridor is consistent with the purpose of the plan4 7b7 ,criteria for designation ,the regulations promulgated by the ,secretary under subsection 7a77#a7 shall ensure that1 in designating a ,national ,wildlife ,corridor1 the ,secretaries-- 7#a7 base the designation of the ,national ,wildlife ,corridor on-- 7,a7 coordination with existing-- 7i7 ,national ,wildlife ,corridors2 7ii7 corridors established by ,states2 and 7iii7 ,tribal ,wildlife ,corridors2 and 7,b7 the best available science of-- 7i7 existing native species habitat2 and 7ii7 likely future native species habitats2 7#b7 determine that the ,national ,wildlife ,corridor supports the connectivity1 persistence1 resilience1 and adaptability of the native species for which it has been designated by providing for-- 7,a7 dispersal and genetic exchange between populations2 7,b7 range shifting1 range expansion1 or range restoration1 such as in response to climate change2 7,c7 seasonal movement or migration2 or 7,d7 succession1 movement1 or recolonization following-- 7i7 a disturbance1 such as fire1 flood1 drought1 or infestation2 or 7ii7 population decline or previous extirpation2 7#c7 consult the ,database2 and 7#d7 consider recommendations from the ,national ,coordination ,committee under section #hcccb7;e77#b77;,c74 7c7 ,designation of federal land or water requiring restoration or connection of habitat ,the ,secretaries may designate as a ,national ,wildlife ,corridor land or water that-- 7#a7 is necessary for the natural movements of one or more native species2 7#b7 requires restoration1 including-- 7,a7 land or water that is degraded2 and 7,b7 land or water from which a species is currently absent-- 7i7 but may be colonized or recolonized by the species naturally2 or 7ii7 to which the species may be reintroduced or restored based on habitat changes2 and 7#c7 is fragmented or consists of only a portion of the habitat required for the connectivity needs of one or more native species4 7d7 ,nomination for designation 7#a7 ,in general ,in establishing the process for designation under subsection 7a77#a71 the ,secretary shall include procedures under which-- 7,a7 any ,state1 ,tribal1 or local government1 or a nongovernmental organization engaged in the conservation of native species and the improvement of the habitats of native species1 may submit to the ,secretaries a nomination to designate as a ,national ,wildlife ,corridor an area under the respective jurisdiction of the ,secretaries2 and 7,b7 the ,secretaries shall consider and1 not later than #a year after the date on which the nomination was submitted under subparagraph 7,a71 respond to any nomination submitted under that subparagraph4 7#b7 ,supporting documentation ,a nomination for designation under paragraph 7#a77;,a7 shall include supporting documentation1 including-- 7,a7 the native species for which the ,national ,wildlife ,corridor would be designated2 7,b7 summaries and references of1 with respect to the designation of a ,national ,wildlife ,corridor-- 7i7 the best science available at the time of the submission of the nomination for designation documenting why the corridor is needed2 and 7ii7 the most current scientific reports available at the time of the submission of the nomination for designation2 7,c7 information with respect to how the nomination was coordinated with potential partners2 7,d7 a description of supporting stakeholders1 such as ,states1 ,indian ,tribes1 local governments1 scientific organizations1 nongovernmental organizations1 and affected voluntary private landowners2 and 7,e7 any additional information the ,secretaries1 in consultation with the ,national ,coordination ,committee1 determine is relevant to the nomination4 7e7 ,designation on military land 7#a7 ,in general ,any designation of a ,national ,wildlife ,corridor on a military installation-- 7,a7 shall be consistent with the use of military installations and ,state-owned ,national ,guard installations to ensure the preparedness of the ,armed ,forces2 and 7,b7 may not result in a net loss in the capability of military installation lands to support the military mission of the installation4 7#b7 ,suspension or termination of designation ,the ,secretary of ,defense may suspend or terminate the designation of any ,national ,wildlife ,corridor on a military installation if the ,secretary of ,defense considers the suspension or termination to be necessary for military purposes1 after public notice of the suspension or termination4 #hcbac4 ,management of national wildlife corridors 7a7 ,in general ,the ,secretaries shall1 consistent with other applicable ,federal land and water management requirements1 laws1 and regulations1 manage each ,national ,wildlife ,corridor under the respective administrative jurisdiction of the ,secretaries in a manner that contributes to the long-term connectivity1 persistence1 resilience1 and adaptability of native species for which the ,national ,wildlife ,corridor is identified1 including through-- 7#a7 the maintenance and improvement of habitat connectivity within the ,national ,wildlife ,corridor2 7#b7 the implementation of strategies and activities that enhance the ability of native species to respond to climate change and other environmental factors2 7#c7 the maintenance or restoration of the integrity and functionality of the ,national ,wildlife ,corridor2 7#d7 the mitigation or removal of human infrastructure that obstructs the natural movement of native species2 and 7#e7 the use of existing conservation programs1 including ,tribal ,wildlife ,corridors1 under the respective jurisdiction of the ,secretaries to contribute to the connectivity1 persistence1 resilience1 and adaptability of native species4 7b7 ,national wildlife corridors spanning multiple jurisdictions ,in the case of a ,national ,wildlife ,corridor that spans the administrative jurisdiction of two or more of the ,secretaries1 the relevant ,secretaries shall coordinate management of the ,national ,wildlife ,corridor in accordance with section #hccaa7;b7 to advance the purposes described in section #hcbaa7;b74 7c7 ,road mitigation ,in the case of a ,national ,wildlife ,corridor that intersects1 adjoins1 or crosses a new or existing ,state1 ,tribal1 or local road or highway1 the relevant ,secretaries shall coordinate with the ,secretary of ,transportation and ,state1 ,tribal1 and local transportation agencies1 as appropriate1 to identify and implement voluntary environmental mitigation measures-- 7#a7 to improve public safety and reduce vehicle caused native species mortality while maintaining habitat connectivity2 and 7#b7 to mitigate damage to the natural movements of native species through strategies such as-- 7,a7 the construction1 maintenance1 or replacement of native species underpasses1 overpasses1 and culverts2 and 7,b7 the maintenance1 replacement1 or removal of dams1 bridges1 culverts1 and other hydrological obstructions4 7d7 ,compatible uses ,a use of ,federal land or water that was authorized before the date on which the ,federal land or water is designated as a ,national ,wildlife ,corridor may continue if the applicable ,secretaries determine that the use is compatible with the wildlife movements of the species for which the ,national ,wildlife ,corridor was designated1 consistent with applicable ,federal laws and regulations4 #b ,wildlife ,corridors ,conservation ,a ,national ,wildlife ,corridor ,system on ,federal land and water #hccaa4 ,collaboration and coordination 7a7 ,collaboration ,the ,secretaries may partner with and provide funds to ,states1 local governments1 ,indian ,tribes1 the ,national ,coordination ,committee1 voluntary private landowners1 and the regional wildlife movement councils to support the purposes described in section #hcbaa7;b74 7b7 ,coordination ,to the maximum extent practicable and consistent with applicable law1 the ,secretary or ,secretaries1 as applicable1 shall develop the strategy under section #hcbaa7;b71 designate ,national ,wildlife ,corridors under section #hcbab1 and manage ,national ,wildlife ,corridors under section #hcbac-- 7#a7 in consultation and coordination with-- 7,a7 other relevant ,federal agencies2 7,b7 ,states1 including-- 7i7 ,state fish and wildlife agencies2 and 7ii7 other ,state agencies responsible for managing the natural resources and wildlife2 7,c7 ,indian ,tribes2 7,d7 units of local government2 7,e7 other interested stakeholders identified by the ,secretary1 including applicable voluntary private landowners2 7,f7 landscape- and seascape-scale partnerships1 including-- 7i7 the ,national ,fish ,habitat ,partnership2 7ii7 the ,national ,marine ,fisheries ,service2 7iii7 regional fishery management councils established under section #cjb7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;a772 7iv7 relevant regional ocean partnerships2 7v7 the ,climate ,science ,centers of the ,department of the ,interior2 and 7vi7 the ,landscape ,conservation ,cooperative ,network2 7,g7 the ,national ,coordination ,committee2 and 7,h7 the regional wildlife movement councils4 #hccab4 ,effect 7a7 ,relationship to other conservation laws ,nothing in this chapter amends or otherwise affects any other law 7including regulations7 relating to the conservation of native species4 7b7 ,jurisdiction of ,states and ,indian ,tribes ,nothing in this chapter or an amendment made by this chapter affects the jurisdiction of a ,state or an ,indian ,tribe with respect to fish and wildlife management1 including the regulation of hunting1 fishing1 and trapping1 in a ,national ,wildlife ,corridor or a ,tribal ,wildlife ,corridor4 ,b ,tribal ,wildlife ,corridors #hccba4 ,tribal ,wildlife ,corridors 7a7 ,establishment 7#a7 ,in general 7,a7 ,nominations ,an ,indian ,tribe may nominate a corridor within ,indian land of the ,indian ,tribe as a ,tribal ,wildlife ,corridor by submitting to the ,secretary1 in consultation with the ,director of the ,bureau of ,indian ,affairs 7referred to in this section as the ,secretary71 an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,determination ,not later than #ij days after the date on which the ,secretary receives an application under subparagraph 7,a71 the ,secretary shall determine whether the nominated ,tribal ,wildlife ,corridor described in the application meets the criteria established under paragraph 7#b74 7,c7 ,publication ,on approval of an application under subparagraph 7,b71 the ,secretary shall publish in the ,federal ,register a notice of the establishment of the ,tribal ,wildlife ,corridor1 which shall include a map and legal description of the land designated as a ,tribal ,wildlife ,corridor4 7#b7 ,criteria 7,a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish criteria for determining whether a corridor nominated by an ,indian ,tribe under paragraph 7#a77;,a7 qualifies as a ,tribal ,wildlife ,corridor4 7,b7 ,inclusions ,the criteria established under subparagraph 7,a7 shall include1 at a minimum1 the following3 7i7 ,the restoration of historical habitat for the purposes of facilitating connectivity4 7ii7 ,the management of land for the purposes of facilitating connectivity4 7iii7 ,the management of land to prevent the imposition of barriers that may hinder current or future connectivity4 7#c7 ,removal 7,a7 ,in general ,an ,indian ,tribe may elect to remove the designation of a ,tribal ,wildlife ,corridor on the ,indian land of the ,indian ,tribe by notifying the ,secretary4 7,b7 ,effect of removal ,an ,indian ,tribe that elects to remove a designation under subparagraph 7,a7 may not receive assistance under subsection 7c7 or 7d77#a7 or section #hccca4 7b7 ,coordination of land use plans ,section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking ,indian tribes by and inserting the following3 ,indian tribes-- 7#a7 by 2 7,b7 in paragraph 7#a7 7as so designated71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 for the purposes of determining whether the land use plans for land in the ,national ,forest ,system would provide additional connectivity to benefit the purposes of a ,tribal ,wildlife ,corridor established under section #hccba7;a77#a7 of the ,wildlife ,corridors ,conservation ,act of #bjbj4 2 and 7#b7 by adding at the end the following3 7g7 ,tribal ,wildlife ,corridors ,on the establishment of a ,tribal ,wildlife ,corridor under section #hccba7;a77#a7 of the ,wildlife ,corridors ,conservation ,act of #bjbj1 the ,secretary shall conduct a meaningful consultation with the ,indian tribe that administers the ,tribal ,wildlife ,corridor to determine whether1 through the revision of one or more existing land use plans1 the ,tribal ,wildlife ,corridor can-- 7#a7 be expanded into public lands2 or 7#b7 otherwise benefit connectivity 7as defined in section #hcbja of that ,act7 between public lands and the ,tribal ,wildlife ,corridor4 4 7c7 ,technical assistance ,the ,secretary shall provide to ,indian ,tribes technical assistance relating to the establishment1 management1 and expansion of a ,tribal ,wildlife ,corridor1 including assistance with accessing wildlife data and working with voluntary private landowners to access ,federal and ,state programs to improve wildlife habitat and connectivity on non-,federal land4 7d7 ,availability of assistance ,an ,indian ,tribe that has a ,tribal ,wildlife ,corridor established on the ,indian land of the ,indian ,tribe shall be eligible for a grant under the wildlife movements grant program under section #hccca1 subject to other applicable requirements of that grant program4 7e7 ,savings clause ,nothing in this section authorizes or affects the use of private property or ,indian land4 #hccbb4 ,protection of ,indian ,tribes 7a7 ,federal trust responsibility ,nothing in this chapter amends1 alters1 or waives the ,federal trust responsibility to ,indian ,tribes4 7b7 ,freedom of ,information ,act 7#a7 ,exemption ,information described in paragraph 7#b7 shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 if the head of the agency that receives the information1 in consultation with the ,secretary and the affected ,indian ,tribe1 determines that disclosure may-- 7,a7 cause a significant invasion of privacy2 7,b7 risk harm to human remains or resources1 cultural items1 uses1 or activities2 or 7,c7 impede the use of a traditional religious site by practitioners4 7#b7 ,information described ,information referred to in paragraph 7#a7 is information received by a ,federal agency-- 7,a7 pursuant to this chapter relating to-- 7i7 the location1 character1 or ownership of human remains of a person of ,indian ancestry2 or 7ii7 resources1 cultural items1 uses1 or activities identified by an ,indian ,tribe as traditional or cultural because of the long-established significance or ceremonial nature to the ,indian ,tribe2 or 7,b7 pursuant to the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq474 ,c ,wildlife movement grant program on non-,federal land and water #hccca4 ,wildlife movements grant program 7a7 ,in general ,the ,secretary shall establish a wildlife movements grant program 7referred to in this section as the grant program7 to encourage wildlife movement in accordance with this subsection4 7b7 ,grants ,beginning not later than #b years after the date of enactment of this ,act1 the ,secretary1 based on recommendations from the ,national ,coordination ,committee under section #hcccb7;e77#b77;,c71 shall make grants to one or more projects that-- 7#a7 are a regional priority project identified by a regional wildlife movement council2 7#b7 satisfy the purposes described in section #hcbaa7;b72 and 7#c7 increase connectivity for native species4 7c7 ,eligible recipients ,a person that is eligible to receive a grant under the grant program is-- 7#a7 a voluntary private landowner or group of landowners2 7#b7 a ,state fish and wildlife agency or other ,state agency responsible for managing natural resources and wildlife2 7#c7 an ,indian ,tribe2 7#d7 a unit of local government2 7#e7 an agricultural cooperative2 7#f7 water1 irrigation1 or rural water districts or associations1 or other organizations with water delivery authority 7including acequias and land grant communities in the ,state of ,new ,mexico72 7#g7 institutions of higher education2 7#h7 an entity approved for a grant by a regional wildlife movement council2 and 7#i7 any group of entities described in paragraphs 7#a7 through 7#h74 7d7 ,requirements ,in administering the grant program1 the ,secretary shall use the criteria1 guidelines1 contracts1 reporting requirements1 and evaluation metrics developed by the ,national ,coordination ,committee under subparagraphs 7,a7 and 7,b7 of section #hcccb7;e77#b74 #hcccb4 ,national ,coordination ,committee 7a7 ,establishment ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish a committee1 to be known as the ,national ,coordination ,committee4 7b7 ,administrative support ,the ,secretary shall provide administrative support for the ,national ,coordination ,committee4 7c7 ,membership ,the ,national ,coordination ,committee shall be composed of-- 7#a7 the ,secretary 7or a designee72 7#b7 the ,secretary of ,transportation 7or a designee72 7#c7 the ,secretary of ,agriculture 7or a designee72 7#d7 the ,secretary of ,commerce 7or a designee72 7#e7 the ,secretary of ,defense 7or a designee72 7#f7 the ,director of the ,bureau of ,indian ,affairs 7or a designee72 7#g7 the ,executive ,director of the ,association of ,fish and ,wildlife ,agencies 7or a designee72 7#h7 two representatives of intertribal organizations1 to be appointed by the ,secretary2 7#i7 the chairperson of each regional wildlife movement council 7or a designee72 and 7#aj7 not more than three representatives of nongovernmental1 science1 or academic organizations with expertise in wildlife conservation and habitat connectivity1 to be appointed by the ,secretary in a manner that ensures that the membership of the ,national ,coordination ,committee is fair and balanced4 7d7 ,chairperson ,the ,national ,coordination ,committee shall select a ,chairperson and ,vice ,chairperson from among the members of the ,national ,coordination ,committee4 7e7 ,duties ,the ,national ,coordination ,committee-- 7#a7 shall establish standards for regional wildlife movement plans to allow for better cross-regional collaboration2 and 7#b7 shall1 with respect to the wildlife movements grant program under section #hccca-- 7,a7 establish criteria and develop guidelines for the solicitation of applications for grants by regional wildlife movement councils2 7,b7 develop standardized contracts1 reporting requirements1 and evaluation metrics for grant recipients2 and 7,c7 make recommendations annually to the ,secretary for the selection of grant recipients on the basis of the ranked lists of regional priority projects received from the regional wildlife movement councils under section #hcccc7;c77#d7 that are consistent with the purposes described in section #hcbaa7;b74 7f7 ,applicability of ,,faca ,except as otherwise provided in this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,national ,coordination ,committee4 #hcccc4 ,regional wildlife movement councils 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish not less than #d regional wildlife movement councils with separate geographic jurisdictions that encompass the entire ,united ,states4 7b7 ,membership 7#a7 ,in general ,each regional wildlife movement council shall be composed of-- 7,a7 the director of each ,state fish and wildlife agency within the jurisdiction of the regional wildlife movement council 7or a designee72 7,b7 balanced representation from ,tribal governments within the jurisdiction of the regional wildlife movement council2 7,c7 to serve as a ,federal agency liaison and nonvoting1 ex officio member-- 7i7 the ,director of the ,united ,states ,fish and ,wildlife ,service 7or a designee72 or 7ii7 the director of any applicable regional office of the ,united ,states ,fish and ,wildlife ,service 7or a designee72 7,d7 not more than three representatives of nongovernmental1 science1 or academic organizations with expertise in native species conservation and the habitat connectivity needs of the region covered by the regional wildlife movement council2 and 7,e7 not more than three voluntary representatives of private landowners with property in the applicable region1 not less than one of whom shall be a farmer or rancher4 7#b7 ,requirements 7,a7 ,membership ,the ,secretary shall ensure that the membership of each regional wildlife movement council is fair and balanced in terms of expertise and perspectives represented4 7,b7 ,expertise ,each regional wildlife movement council shall include experts in ecological connectivity1 native species ecology1 and ecological adaptation4 7#c7 ,chairperson ,each regional wildlife movement council shall select a ,chairperson from among the members of the regional wildlife movement council4 7c7 ,duties ,each regional wildlife movement council shall-- 7#a7 not later than #b years after the date of establishment of the regional wildlife movement council and in accordance with any standards established by the ,national ,coordination ,committee1 prepare and submit to the ,secretary and the ,national ,coordination ,committee a regional wildlife movement plan that maintains natural wildlife movement by identifying research priorities and data needs for the ,database that is revised1 amended1 or updated not less frequently than once every #e years2 7#b7 provide for public engagement1 including engagement of ,indian ,tribes1 at appropriate times and in appropriate locations in the region covered by the regional wildlife movement council1 to allow all interested persons an opportunity to be heard in the development and implementation of a regional wildlife movement plan under paragraph 7#a72 7#c7 solicit applications for wildlife movement grants under section #hccca in accordance with the criteria and guidelines established by the ,national ,coordination ,council under section #hcccb7;e77#b77;,a72 7#d7 in accordance with the criteria and guidelines established under section #hcccb7;e77#b77;,a71 submit to the ,national ,coordination ,committee an annual list of regional priority projects1 in ranked order1 for wildlife movements grants under section #hccca to maintain wildlife movements in the area under the jurisdiction of the regional wildlife movement council2 and 7#e7 submit to the ,secretary and the ,national ,coordination ,committee1 and make publicly available1 an annual report describing the activities of the regional wildlife movement council4 7d7 ,coordination ,if applicable1 to increase habitat connectivity between designated ,federal land and water and non-,federal land and water1 a regional wildlife movement council shall coordinate with-- 7#a7 ,federal agencies2 7#b7 ,indian ,tribes2 7#c7 regional fishery management councils established under section #cjb7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;a772 7#d7 migratory bird joint ventures partnerships recognized by the ,united ,states ,fish and ,wildlife ,service with respect to migratory bird species2 7#e7 ,state fish and wildlife agencies2 7#f7 regional associations of fish and wildlife agencies2 7#g7 nongovernmental organizations2 7#h7 applicable voluntary private landowners2 7#i7 the ,national ,coordination ,committee2 7#aj7 fish habitat partnerships2 7#aa7 other regional wildlife movement councils with respect to crossregional projects2 7#ab7 international wildlife management entities with respect to transboundary species in accordance with trade policies of the ,united ,states2 and 7#ac7 ,federal and ,state transportation agencies4 7e7 ,applicability of ,,faca ,except as otherwise provided in this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the regional wildlife movement councils4 ,d ,national ,wildlife ,corridors ,database #hccda4 ,national wildlife corridors database 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,director of the ,united ,states ,geological ,survey 7referred to in this section as the ,director71 in consultation with the ,national ,coordination ,committee and the regional wildlife movement councils1 shall establish a database1 to be known as the ,national ,wildlife ,corridors ,database4 7b7 ,contents 7#a7 ,in general ,the ,database shall-- 7,a7 include maps1 data1 models1 surveys1 and descriptions of native species habitats1 wildlife movements1 and corridors that have been developed by ,federal agencies that pertain to ,federal land and water2 7,b7 include maps1 models1 analyses1 and descriptions of projected shifts in habitats1 wildlife movements1 and corridors of native species in response to climate change or other environmental factors2 7,c7 reflect the best scientific data and information available2 and 7,d7 in accordance with the requirements of the ,geospatial ,data ,act of #bjah 7,public ,law #aae-bed71 have the data1 models1 and analyses included in the ,database available at scales useful to ,state1 ,tribal1 local1 and ,federal agency decisionmakers and the public4 7c7 ,requirements ,subject to subsection 7d71 the ,director1 in collaboration with the ,national ,coordination ,committee1 the regional wildlife movement councils1 and the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall-- 7#a7 design the ,database to support ,state1 ,tribal1 local1 voluntary private landowner1 and ,federal agency decisionmakers and the public with data that will allow those entities-- 7,a7 to prioritize and target natural resource adaptation strategies and enhance existing ,state and ,tribal corridor protections2 7,b7 to assess the impacts of proposed energy1 water1 transportation1 and transmission projects1 and other development activities1 and to avoid1 minimize1 and mitigate the impacts of those projects and activities on ,national ,wildlife ,corridors2 7,c7 to assess the impact of new and existing development on native species habitats and ,national ,wildlife ,corridors2 and 7,d7 to develop strategies that promote habitat connectivity to allow native species to move-- 7i7 to meet biological and ecological needs2 7ii7 to adjust to shifts in habitat2 and 7iii7 to adapt to climate change2 7#b7 establish a coordination process among ,federal agencies to update maps and other information with respect to landscapes1 seascapes1 native species habitats and ranges1 habitat connectivity1 ,national ,wildlife ,corridors1 and wildlife movement changes as information based on new scientific data becomes available2 and 7#c7 not later than #e years after the date of enactment of this ,act1 and not less frequently than once every #e years thereafter1 develop1 submit a report to the ,secretary and the appropriate committees of ,congress1 and make publicly available a report1 that1 with respect to the ,database-- 7,a7 outlines the categories for data that may be included in the ,database2 7,b7 outlines the data protocols and standards for each category of data in the ,database2 7,c7 identifies gaps in native species habitat and ,national ,wildlife ,corridor information2 7,d7 prioritizes research and future data collection activities for use in updating the ,database2 and 7,e7 evaluates and quantifies the efficacy of the ,database to meet the needs of the entities described in paragraph 7#a74 7d7 ,proprietary interests and protected information ,in developing the ,database1 the ,director shall-- 7#a7 as applicable1 protect proprietary interests with respect to any licensed information1 licensed data1 and other items contained in the ,database2 and 7#b7 protect information in the ,database with respect to the habitats and ranges of specific native species to prevent poaching1 illegal taking and trapping1 and other related threats to native species4 #c ,funding #hcdja4 ,wildlife corridors stewardship fund 7a7 ,establishment and contents ,there is established in the ,treasury a fund1 to be known as the ,wildlife ,corridors ,stewardship ,fund1 that consists of donations of amounts accepted under subsection 7c74 7b7 ,use ,the ,fund-- 7#a7 shall be administered by the ,secretary and the ,national ,fish and ,wildlife ,foundation1 acting jointly2 and 7#b7 may be used by the ,national ,fish and ,wildlife ,foundation to enhance the management and protection of ,national ,wildlife ,corridors by providing financial assistance to the ,federal ,government1 ,indian ,tribes1 and nongovernmental1 science1 and academic organizations4 7c7 ,donations ,the ,national ,fish and ,wildlife ,foundation may solicit and accept donations of amounts for deposit into the ,fund4 7d7 ,coordination ,in administering the ,fund1 the ,secretary and the ,national ,fish and ,wildlife ,foundation may coordinate with regional wildlife movement councils1 regional ocean partnerships1 and the ,national ,coordination ,committee to the maximum extent practicable4 7e7 ,disclosure of use ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary and the ,national ,fish and ,wildlife ,foundation shall make publicly available a description of usage of the ,fund during the preceding calendar year4 #hcdjb4 ,authorization of appropriations 7a7 ,national wildlife corridor system ,there are authorized to be appropriated to carry out title ,i for fiscal year #bjbj and each fiscal year thereafter-- 7#a7 to the ,secretary1 #g1ejj1jjj2 7#b7 to the ,secretary of ,agriculture1 #c1jjj1jjj2 7#c7 to the ,secretary of ,defense1 #a1ejj1jjj2 7#d7 to the ,secretary of ,commerce1 #c1jjj1jjj2 and 7#e7 to the ,secretary of ,transportation1 #c1jjj1jjj4 7b7 ,tribal wildlife corridors ,there is authorized to be appropriated to carry out title ,,ii #e1jjj1jjj for fiscal year #bjbj and each fiscal year thereafter4 7c7 ,wildlife movements grant program and regional wildlife movement councils 7#a7 ,wildlife movement grant program 7,a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out the wildlife movements grant program under section #hccca #ej1jjj1jjj for fiscal year #bjbb and each fiscal year thereafter4 7,b7 ,requirements ,amounts appropriated under subparagraph 7,a7 may be used to complement or match other ,federal or non-,federal funding received by the projects funded by those grants4 7,c7 ,administrative support ,not more than #e percent of amounts appropriated under subparagraph 7,a7 may be used for administrative support4 7#b7 ,regional wildlife movement councils 7,a7 ,in general ,there is authorized to be appropriated to the ,secretary to provide support for the regional wildlife movement councils to carry out section #hcccc #a1jjj1jjj for fiscal year #bjbj and each fiscal year thereafter4 7,b7 ,equal division ,amounts appropriated under subparagraph 7,a7 shall be proportionally divided between each regional wildlife movement council4 7d7 ,national wildlife corridors database ,there are authorized to be appropriated to the ,secretary to carry out section #hccda-- 7#a7 #c1jjj1jjj for fiscal year #bjbj2 and 7#b7 #a1ejj1jjj for fiscal year #bjba and each fiscal year thereafter4 #d ,a ,natural ,infrastructure for ,wildlife ,conservation and ,restoration #hceaa4 ,short title ,this subchapter may be cited as the ,recovering ,america's ,wildlife ,act4 #hceab4 ,wildlife ,conservation and ,restoration ,subaccount 7a7 ,in general ,section #c of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;b7 is amended-- 7#a7 in subsection 7a71 by striking #ej1jjj1jjj in fiscal year #bjja in paragraph 7#b7 and inserting #a1cig1jjj1jjj in fiscal years #bjba through #bjbe2 and 7#b7 in subsection 7c71 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#i7 and 7#aj72 and 7#c7 in subsection 7c71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,establishment of subaccount 7,a7 ,in general ,there is established in the fund a subaccount to be known as the ,wildlife ,conservation and ,restoration ,subaccount 7referred to in this section as the ,subaccount74 7,b7 ,availability ,amounts in the ,subaccount shall be available upon appropriation1 for each fiscal year1 for apportionment in accordance with this ,act4 7,c7 ,deposits into subaccount ,for fiscal years #bjba through #bjbe1 the ,secretary of the ,treasury shall transfer #a1cjj1jjj1jjj upon appropriation from the general fund of the treasury each fiscal year to the fund for deposit in the ,subaccount4 7#b7 ,supplement not supplant ,amounts transferred to the ,subaccount shall supplement1 but not replace1 existing funds available to the ,states from-- 7,a7 the funds distributed pursuant to the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg et seq472 and 7,b7 the fund4 7#c7 ,innovation grants 7,a7 ,in general ,the ,secretary shall distribute #aj percent of funds from the ,subaccount through a competitive grant program to ,state fish and wildlife departments1 the ,district of ,columbia fish and wildlife department1 fish and wildlife departments of territories1 or to regional associations of fish and wildlife departments 7or any group composed of more than #a such entity74 7,b7 ,purpose ,such grants shall be provided for the purpose of catalyzing innovation of techniques1 tools1 strategies1 or collaborative partnerships that accelerate1 expand1 or replicate effective and measurable recovery efforts for species of greatest conservation need and species listed under the ,endangered ,species ,act of #aigc 7#ae ,u4,s4,c4 #aeca et seq47 and the habitats of such species4 7,c7 ,review committee ,the ,secretary shall appoint a review committee comprised of-- 7i7 a ,state ,director from each regional association of ,state fish and wildlife departments2 7ii7 the head of a department responsible for fish and wildlife management in a territory2 and 7iii7 four individuals representing four different nonprofit organizations each of which is actively participating in carrying out wildlife conservation restoration activities using funds apportioned from the ,subaccount4 7,d7 ,support from united states fish and wildlife service ,the ,united ,states ,fish and ,wildlife ,service shall provide any personnel or administrative support services necessary for such ,committee to carry out its responsibilities under this ,act4 7,e7 ,evaluation ,such committee shall evaluate each proposal submitted under this paragraph and recommend projects for funding4 ,the committee shall give preference to solutions that accelerate the recovery of species identified as priorities through regional scientific assessments of species of greatest conservation need4 7#d7 ,use of funds ,funds apportioned from the ,subaccount-- 7,a7 shall be used to implement the ,wildlife ,conservation ,strategy of a ,state1 territory1 or the ,district of ,columbia1 as required under #af ,u4,s4,c4 #ffi;c7d71 by carrying out1 revising1 or enhancing existing wildlife and habitat conservation and restoration programs and developing and implementing new wildlife conservation1 restoration1 and natural infrastructure resilience programs and partnerships to recover and manage species of greatest conservation need and the key habitats and plant community types essential to the conservation of those species as determined by the appropriate ,state fish and wildlife department2 7,b7 shall be used to develop1 revise1 and enhance the ,wildlife ,conservation ,strategy of a ,state1 territory1 or the ,district of ,columbia1 as may be required by this ,act2 7,c7 shall be used to assist in the recovery of species found in the ,state1 territory1 or the ,district of ,columbia that are listed as endangered species1 threatened species1 candidate species or species proposed for listing1 or species petitioned for listing under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or under ,state law2 7,d7 may be used for wildlife conservation education and wildlife-associated recreation projects and infrastructure1 especially in historically underserved communities2 7,e7 may be used to manage a species of greatest conservation need whose range is shared with another ,state1 territory1 ,indian ,tribe1 or foreign government and for the conservation of the habitat of such species2 7,f7 may be used to manage1 control1 and prevent invasive species1 disease1 and other risks to species of greatest conservation need2 and 7,g7 may be used for law enforcement activities that are directly related to the protection and conservation of a species of greatest conservation need and the habitat of such species4 7#e7 ,minimum required spending for endangered species recovery ,not less than an average of #ae percent over a #e-year period of amounts apportioned to a ,state1 territory1 or the ,district of ,columbia from the ,subaccount shall be used for purposes described in paragraph 7#d77;,c74 ,the ,secretary may reduce the minimum requirement of a ,state1 territory1 or the ,district of ,columbia on an annual basis if the ,secretary determines that the ,state1 territory1 or the ,district of ,columbia is meeting the conservation and recovery needs of all species described in paragraph 7#d77;,c74 7#f7 ,public access to private lands not required ,funds apportioned from the ,subaccount shall not be conditioned upon the provision of public access to private lands1 waters1 or holdings4 7#g7 ,requirements for matching funds 7,a7 ,for the purposes of the non-,federal fund matching requirement for a wildlife conservation or restoration program or project funded by the ,subaccount1 a ,state1 territory1 or the ,district of ,columbia may use as matching non-,federal funds-- 7i7 funds from ,federal agencies other than the ,department of the ,interior and the ,department of ,agriculture2 7ii7 donated private lands and waters1 including privately owned easements2 7iii7 in circumstances described in subparagraph 7,b71 revenue generated through the sale of ,state hunting and fishing licenses2 and 7iv7 other sources consistent with part #hj of title #ej1 ,code of ,federal ,regulations1 in effect on the date of enactment of the ,recovering ,america's ,wildlife ,act of #bjai4 7,b7 ,revenue described in subparagraph 7,a77iii7 may only be used to fulfill the requirements of such non-,federal fund matching requirement if-- 7i7 no ,federal funds apportioned to the ,state fish and wildlife department of such ,state from the ,wildlife ,restoration ,program or the ,sport ,fish ,restoration ,program have been reverted because of a failure to fulfill such non-,federal fund matching requirement by such ,state during the previous #b years2 and 7ii7 the project or program being funded benefits the habitat of a hunted or fished species and a species of greatest conservation need4 7,c7 ,no ,state1 territory or the ,district of ,columbia shall be required to provide non-,federal matching funds for this program through fiscal year #bjbe4 7#h7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,species of greatest conservation need ,the term species of greatest conservation need may be fauna or flora1 and may include terrestrial1 aquatic1 marine1 and invertebrate species that are of low population1 declining1 rare1 or facing threats and in need of conservation attention1 as determined by each ,state fish and wildlife department1 with respect to funds apportioned to such ,state4 7,b7 ,partnerships ,the term partnerships may include1 but are not limited to1 collaborative efforts with ,federal agencies1 ,state agencies1 local agencies1 ,indian ,tribes1 nonprofit organizations1 academic institutions1 industry groups1 and private individuals to implement a ,state's ,wildlife ,conservation ,strategy4 7,c7 ,territory and territories ,the terms territory and territories mean the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 7,d7 ,wildlife ,the term wildlife means any species of wild1 freeranging fauna1 including fish1 and also any fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range4 4 7b7 ,allocation and apportionment of available amounts ,section #d of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;c7 is amended-- 7#a7 by redesignating the second subsection 7c71 relating to the apportionment of the ,wildlife ,conservation and ,restoration ,account1 and subsection 7d7 as subsections 7d7 and 7e7 respectively2 7#b7 in subsection 7d71 as redesignated-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking to the ,district of ,columbia and to the ,commonwealth of ,puerto ,rico1 each and inserting ,to the ,district of ,columbia2 7ii7 in subparagraph 7,b71 by striking to ,guam and inserting ,to ,guam2 7iii7 in subparagraph 7,b71 by striking not more than one-fourth of one percent and inserting not less than one-third of one percent2 and 7iv7 by adding at the end the following3 7,c7 ,to the ,commonwealth of ,puerto ,rico1 a sum equal to not less than #a percent thereof4 2 7,b7 in paragraph 7#b77;,a71 as redesignated-- 7i7 by amending clause 7i7 to read as follows3 7i7 one-half of which is based on the ratio to which the land and water area of such ,state bears to the total land and water area of all such ,states2 2 7ii7 in clause 7ii71 by striking two-thirds and inserting one-quarter2 and 7iii7 by adding at the end the following3 7iii7 one-quarter of which is based upon the ratio to which the number of species listed as endangered or threatened under the ,endangered ,species ,act of #aigc 7#ae ,u4,s4,c4 #aeca et seq47 in such ,state bears to the total number of such species listed in all such ,states4 2 7,c7 by amending paragraph 7#b77;,b7 to read as follows3 7,b7 ,the amounts apportioned under this paragraph shall be adjusted equitably so that no such ,state1 unless otherwise designated1 shall be apportioned a sum which is less than #a percent or more than #e percent of the amount available for apportionment under-- 7i7 paragraph 7#b77;,a77i7 of this section2 7ii7 paragraph 7#b77;,a77ii7 of this section2 and 7iii7 the overall amount available for section 7#b77;,a74 7,c7 ,states that include plants among their species of greatest conservation need and in the conservation planning and habitat prioritization efforts of their ,wildlife ,conservation ,strategy shall receive an additional #e percent of their apportioned amount4 2 and 7,d7 in paragraph 7#c71 by striking #c percent and inserting #a4he percent2 7#c7 by amending subsection 7e77#d77;,b71 as redesignated1 to read as follows3 7,b7 ,not more than an average of #ae percent over a #e-year period of amounts apportioned to each ,state under this section for a ,state's wildlife conservation and restoration program may be used for wildlife conservation education and wildlife-associated recreation4 2 and 7#d7 by adding at the end following3 7f7 ,minimization of planning and reporting ,nothing in this ,act shall be interpreted to require a ,state to create a comprehensive strategy related to conservation education or outdoor recreation4 7g7 ,accountability ,not more than #a year after the date of enactment of the ,recovering ,america's ,wildlife ,act of #bjai and every #c years thereafter1 each ,state fish and wildlife department shall submit a #c-year work plan and budget for implementing its ,wildlife ,conservation ,strategy and a report describing the results derived from activities accomplished under paragraph 7#d7 during the previous #c years to-- 7#a7 the ,committee on ,environment and ,public ,works of the ,senate2 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#c7 the ,united ,states ,fish and ,wildlife ,service4 4 #hceac4 ,technical amendments 7a7 ,definitions ,section #b of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a7 is amended-- 7#a7 by striking paragraph 7#e72 7#b7 by redesignating paragraphs 7#f7 through 7#i7 as paragraphs 7#e7 through 7#h71 respectively2 and 7#c7 in paragraph 7#f71 as redesignated by paragraph 7#b71 by inserting ,indian ,tribes1 academic institutions1 before wildlife conservation organizations4 7b7 ,conforming amendments ,the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a et seq47 is amended-- 7#a7 in section #c-- 7,a7 in subsection 7a7-- 7i7 by striking 7#a7 ,an amount equal to and inserting ,an amount equal to2 and 7ii7 by striking paragraph 7#b72 7,b7 in subsection 7c7-- 7i7 in paragraph 7#i71 as redesignated by section #aja7;a77#a71 by striking or an ,indian tribe2 and 7ii7 in paragraph 7#aj71 as redesignated by section #aja7;a77#a71 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount2 and 7,c7 in subsection 7d71 by striking ,wildlife ,conservation and ,restoration ,account and inserting ,subaccount2 7#b7 in section #d 7#af ,u4,s4,c4 #ffi;c7-- 7,a7 in subsection 7d71 as redesignated-- 7i7 in the heading1 by striking ,account and inserting ,subaccount2 and 7ii7 by striking ,account each place it appears and inserting ,subaccount2 and 7,b7 in subsection 7e77#a71 as redesignated1 by striking ,account and inserting ,subaccount2 and 7#c7 in section #h 7#af ,u4,s4,c4 #ffi;g71 in subsection 7a71 by striking ,account and inserting ,subaccount4 #hcead4 ,savings clause ,the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq47 is amended-- 7#a7 by redesignating section #ac as section #ae2 and 7#b7 by inserting after section #ab the following3 #ac4 ,savings clause ,nothing in this ,act shall be construed to enlarge or diminish the authority1 jurisdiction1 or responsibility of a ,state to manage1 control1 or regulate fish and wildlife under the law and regulations of the ,state on lands and waters within the ,state1 including on ,federal lands and waters4 #ad4 ,statutory construction with respect to ,alaska ,if any conflict arises between any provision of this ,act and any provision of the ,alaska ,national ,interest ,lands ,conservation ,act 7,public ,law #df-dhg1 #af ,u4,s4,c4 #caja et seq471 then the provision in the ,alaska ,national ,interest ,lands ,conservation ,act shall prevail4 4 ,b ,natural ,infrastructure for ,tribal ,wildlife ,conservation and ,restoration #hceba4 ,indian ,tribes 7a7 ,definitions ,in this section-- 7#a7 ,account ,the term ,account means the ,tribal ,wildlife ,conservation and ,restoration ,account established by subsection 7c77#a74 7#b7 ,indian tribe ,the term ,indian ,tribe has the meaning given such term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,tribal species of greatest conservation need ,the term ,tribal species of greatest conservation need means any species identified by an ,indian ,tribe as requiring conservation management because of declining population1 habitat loss1 or other threats1 or because of their biological or cultural importance to such ,tribe4 7#e7 ,wildlife ,the term wildlife means-- 7,a7 any species of wild flora or fauna including fish and marine mammals2 7,b7 flora or fauna in a captive breeding1 rehabilitation1 and holding or quarantine program1 the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range or to maintain a species for conservation purposes2 and 7,c7 does not include game farm animals4 7b7 ,tribal wildlife conservation and restoration account 7#a7 ,in general ,there is established in the ,treasury an account to be known as the ,tribal ,wildlife ,conservation and ,restoration ,account4 7#b7 ,availability ,amounts in the ,account shall be available for each fiscal year upon appropriation for apportionment in accordance with this title4 7#c7 ,deposits ,for fiscal year #bjba through #bjbe1 the ,secretary of the ,treasury shall transfer #ig1ejj1jjj upon appropriation to the ,account4 7c7 ,distribution of funds to indian tribes ,each fiscal year1 the ,secretary of the ,treasury shall deposit funds into the ,account and distribute such funds through a noncompetitive application process according to guidelines1 and criteria1 and reporting requirements determined by the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,indian ,affairs1 in consultation with ,indian ,tribes4 ,such funds shall remain available until expended4 7d7 ,wildlife management responsibilities ,the distribution guidelines and criteria described in subsection 7d7 shall be based1 in part1 upon ,indian ,tribes' wildlife management responsibilities4 7e7 ,use of funds 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may distribute funds from the ,account to an ,indian ,tribe for any of the following purposes3 7,a7 ,to develop1 carry out1 revise1 or enhance wildlife conservation and restoration programs to manage ,tribal species of greatest conservation need and the habitats of such species as determined by the ,indian ,tribe4 7,b7 ,to assist in the recovery of species listed as an endangered or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,for wildlife conservation education and wildlife-associated recreation projects and infrastructure4 7,d7 ,to manage a ,tribal species of greatest conservation need and the habitat of such species1 the range of which may be shared with a foreign country1 ,state1 or other ,indian ,tribe4 7,e7 ,to manage1 control1 and prevent invasive species as well as diseases and other risks to wildlife4 7,f7 ,for law enforcement activities that are directly related to the protection and conservation of wildlife4 7,g7 ,to develop1 revise1 and implement comprehensive wildlife conservation strategies and plans for such ,tribe4 7,h7 ,for the hiring and training of wildlife conservation and restoration program staff4 7#b7 ,conditions on the use of funds 7,a7 ,required use of funds ,in order to be eligible to receive funds under subsection 7d71 a ,tribe's application must include a proposal to use funds for at least one of the purposes described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7,b7 ,imperiled species recovery ,in distributing funds under this section1 the ,secretary shall distribute not less than #ae percent of the total funds distributed to proposals to fund the recovery of a species1 subspecies1 or distinct population segment listed as a threatened species1 endangered species1 or candidate species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or ,tribal law4 7,c7 ,limitation ,in distributing funds under this section1 the ,secretary shall distribute not more than #ae percent of all funds distributed under this section for the purpose described in paragraph 7#a77;,c74 7f7 ,no matching funds required ,no ,indian ,tribe shall be required to provide matching funds to be eligible to receive funds under this ,act4 7g7 ,public access not required ,funds apportioned from the ,tribal ,wildlife ,conservation and ,restoration ,account shall not be conditioned upon the provision of public or non-,tribal access to ,tribal or private lands1 waters1 or holdings4 7h7 ,administrative costs ,of the funds deposited under subsection 7c77#c7 for each fiscal year1 not more than #c percent shall be used by the ,secretary for administrative costs4 7i7 ,savings clause ,nothing in this ,act shall be construed as modifying or abrogating a treaty with any ,indian ,tribe1 or as enlarging or diminishing the authority1 jurisdiction1 or responsibility of an ,indian ,tribe to manage1 control1 or regulate wildlife4 #e ,miscellaneous #hcfja ,reauthorization of ,chesapeake ,bay gateways and watertrails network ,section #ejb7;c7 of the ,chesapeake ,bay ,initiative ,act of #aiih 7#ed ,u4,s4,c4 #cbjaja note2 ,public ,law #aje-cab7 is amended by striking 8#bjai0 and inserting 8#bjbe04 ,,iv ,energy ,a ,establishment of ,federal orphaned well remediation program #hdaja4 ,establishment of federal orphaned well remediation program ,section #cdi of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #db ,u4,s4,c4 #aeijg7 is amended-- 7#a7 by striking the section title and inserting with ,orphaned ,well ,remediation ,program2 and 7#b7 by striking subsections 7a7 through 7i7 and replacing with the following3 7a7 ,in general ,the ,secretary1 in cooperation with the ,secretary of ,agriculture1 shall establish a program not later than #ij days after the date of enactment of this section to remediate1 reclaim1 and close orphaned oil and gas wells located on land administered by the land management agencies within the ,department of the ,interior and the ,department of ,agriculture4 7b7 ,activities ,the program under subsection 7a7 shall-- 7#a7 include a means of ranking orphaned well sites for priority in remediation1 reclamation1 and closure1 based on public health and safety1 potential environmental harm1 and other land use priorities2 7#b7 distribute funding according to the priorities identified under paragraph 7#a7 of this subsection for-- 7,a7 reclaiming1 remediating1 and closing orphaned wells2 7,b7 reclaiming and remediating well pads and access roads associated with orphaned wells2 and 7,c7 restoring native species habitat that has been degraded due to the presence of orphaned wells2 7#c7 provide a public accounting of the costs of remediation1 reclamation1 and closure for each orphaned well site2 and 7#d7 seek to determine the identities of potentially responsible parties associated with the orphaned well sites1 or their sureties or guarantors1 to the extent such information can be ascertained1 and make efforts to obtain reimbursement for expenditures to the extent practicable4 7c7 ,cooperation and consultations ,in carrying out the program under subsection 7a71 the ,secretary shall-- 7#a7 work cooperatively with the ,secretary of ,agriculture and the ,states within which ,federal land is located2 and 7#b7 consult with affected ,tribes1 the ,secretary of ,energy1 and the ,interstate ,oil and ,gas ,compact ,commission4 7d7 ,state and tribal orphaned wells 7#a7 ,in general ,the ,secretary shall establish a program not later than #ij days after the date of enactment of this section to provide grants to ,states and ,tribes to remediate1 reclaim1 and close orphaned oil and gas wells located on ,state1 ,tribal1 or private lands4 7#b7 ,activities ,funds distributed under this subsection may be used by ,states and ,tribes for the activities described in subsection 7b71 and in addition for-- 7,a7 identification and characterization of undocumented orphaned wells on ,state1 ,tribal1 and private lands2 7,b7 ranking orphaned or abandoned well sites based on factors such as public health and safety1 potential environmental harm1 and other land use priorities2 7,c7 administration of a ,state or ,tribal orphaned well closure program1 provided that no more than #aj percent of the funds received by a ,state or ,tribe under this subsection may be used for this purpose2 and 7,d7 making information regarding the use of funds under this subsection available to the public4 7#c7 ,priority ,in providing grants under this subsection1 the ,secretary shall give priority to-- 7,a7 ,states and ,tribes that have an established ,state or ,tribal program for the remediation1 reclamation1 or closure of abandoned1 idled1 or orphaned oil and gas wells2 and 7,b7 ,states and ,tribes that require companies to provide financial assurances prior to drilling a well equal to the estimated full cost of well closure and land remediation4 7#d7 ,application ,states and ,tribes shall be eligible for grants under this subsection upon application to the ,secretary of the ,interior4 ,such application shall include-- 7,a7 a prioritized list of the wells1 well sites1 and affected areas that will be remediated1 reclaimed1 or closed2 7,b7 a description of the activities to be carried out with the grant1 including an identification of the estimated health1 safety1 habitat1 and environmental benefits of remediating1 reclaiming1 or closing each well1 well site1 or affected area2 7,c7 an estimate of the cost of each proposed project2 7,d7 an estimate of the number of jobs that will be created or saved through the projects to be funded under this subsection2 7,e7 an estimate of the funds to be spent on administrative costs2 and 7,f7 a description of how the information regarding the ,state's or ,tribe's activities under this subsection will be made available to the public4 7#e7 ,allocation ,the ,secretary shall1 in consultation with ,states1 affected ,tribes1 and the ,interstate ,oil and ,gas ,compact ,commission1 develop a formula for the amount of grant funding each ,state or ,tribe is eligible for under this subsection1 taking into account-- 7,a7 the number of documented orphaned wells within the ,state or on each ,tribe's lands2 7,b7 the estimated number of undocumented orphaned wells within the ,state or on each ,tribe's lands2 and 7,c7 the amount of oil and gas activity within the ,state or on ,tribal lands in the previous #aj years4 7e7 ,technical assistance 7#a7 ,in general ,the ,secretary of ,energy1 in cooperation with the ,secretary1 shall establish a program to provide technical assistance to oil and gas producing ,states and ,tribes to ensure practical and economical remedies for environmental problems caused by orphaned or abandoned oil and gas well sites on ,state1 ,tribal1 or private land4 7#b7 ,assistance ,the ,secretary of ,energy shall work with the ,states1 through the ,interstate ,oil and ,gas ,compact ,commission1 to assist the ,states in quantifying and mitigating environmental risks of onshore orphaned or abandoned oil or gas wells on ,state and private land4 7#c7 ,activities ,the program under paragraph 7#a7 shall include-- 7,a7 mechanisms to facilitate identification1 if feasible1 of the persons currently providing a bond or other form of financial assurance required under ,state or ,federal law for an oil or gas well that is orphaned or abandoned2 7,b7 criteria for ranking orphaned or abandoned well sites based on factors such as public health and safety1 potential environmental harm1 and other land use priorities2 7,c7 information and training programs on best practices for remediation of different types of sites2 and 7,d7 funding of ,state mitigation efforts on a cost-shared basis4 7f7 ,report to congress ,not later than #a year after the date of enactment of this section1 and every year thereafter1 the ,secretary shall submit to ,congress a report on the programs established under this section4 7g7 ,definitions ,as used in this subsection-- 7#a7 ,orphaned well ,the term orphaned well means any well not in operation for which there is no responsible party known to the ,secretary to reclaim and remediate or close the well site2 and 7#b7 ,responsible party ,the term responsible party includes any person1 association1 corporation1 subsidiary1 or affiliate that directly or indirectly1 controls1 manages1 directs1 or undertakes the activities with respect to an oil and gas lease or any person or entity controlled by1 or under common control with1 such person or entity4 7h7 ,appropriations ,there are authorized to be appropriated to the ,secretary of the ,interior for each of fiscal years #bjbj through #bjbd-- 7#a7 #ej1jjj1jjj to carry out the program under subsection 7a72 and 7#b7 #cej1jjj1jjj to carry out the program under subsection 7d74 4 #hdajb4 ,federal bonding reform ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g77 is amended to read as follows3 7g7 ,bonding requirements 7#a7 ,definitions ,in this subsection3 7,a7 ,interim reclamation plan ,the term ,interim ,reclamation ,plan means an ongoing plan specifying reclamation steps to be taken on all disturbed areas covered by any lease issued under this ,act that are not needed for active operations4 7,b7 ,final reclamation plan ,the term ,final ,reclamation ,plan means a plan describing all reclamation activity to be conducted for all disturbed areas1 including locations1 facilities1 trenches1 rights-of-way1 roads1 and any other surface disturbance covered by a lease issued under this ,act prior to final abandonment4 7#b7 ,in general ,the ,secretary of the ,interior1 or with respect to ,national ,forest lands1 the ,secretary of ,agriculture1 shall regulate all surface-disturbing activities conducted pursuant to any lease issued under this ,act1 and shall determine reclamation and other actions as required in the interest of conservation of surface resources4 7#c7 ,reclamation plans required 7,a7 ,analysis and approval required ,no permit to drill on an oil and gas lease issued under this ,act may be granted without the analysis and approval by the ,secretary concerned of both an interim reclamation plan and a final reclamation plan covering proposed surface-disturbing activities within the lease area4 7,b7 ,plans of operations ,all ,plans of ,operations submitted and approved pursuant to this ,act shall include an ,interim ,reclamation ,plan4 7,c7 ,secretarial review ,the relevant ,secretary shall review each ,interim ,reclamation ,plan at regular intervals and shall require such plans to be amended as warranted1 subject to the approval of such ,secretary4 7#d7 ,bonding 7,a7 ,in general ,the ,secretary concerned shall1 by regulation1 require that an adequate bond1 surety1 or other financial arrangement will be established prior to the commencement of surface-disturbing activities on any lease1 to ensure the complete and timely reclamation of the lease tract1 and the restoration of any lands or surface waters adversely affected by lease operations after the abandonment or cessation of oil and gas operations on the lease4 7,b7 ,prohibition ,the ,secretary shall not issue or approve the assignment of any lease under the terms of this section to any person1 association1 corporation1 or any subsidiary1 affiliate1 or person controlled by or under common control with such person1 association1 or corporation1 during any period in which1 as determined by the relevant ,secretary1 such entity has failed or refused to comply in any material respect with the reclamation requirements and other standards established under this section for any prior lease to which such requirements and standards applied4 7,c7 ,notice and opportunity for compliance ,prior to making such determination with respect to any such entity the concerned ,secretary shall provide such entity with adequate notification and an opportunity to comply with such reclamation requirements and other standards and shall consider whether any administrative or judicial appeal is pending4 ,once the entity has complied with the reclamation requirement or other standard concerned an oil or gas lease may be issued to such entity under this ,act4 7,d7 ,limitation on bonds ,a bond1 surety1 or other financial arrangement described in subparagraph 7,a7 shall not be adequate if it is less than-- 7i7 #ej1jjj in the case of an arrangement for an individual surface-disturbing activity of an entity2 7ii7 #bej1jjj in the case of an arrangement for all surface-disturbing activities of an entity in a ,state2 or 7iii7 #a1jjj1jjj in the case of an arrangement for all surface-disturbing activities of an entity in the ,united ,states4 7,e7 ,adjustments for inflation ,in the application of subparagraph 7,b71 the ,secretaries concerned shall jointly at least once every three years adjust the dollar amounts in subparagraph 7,b7 to account for inflation based on the ,consumer ,price ,index for all urban consumer published by the ,department of ,labor4 7#e7 ,standards ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall1 by regulation1 establish uniform standards for all ,interim and ,final ,reclamation ,plans4 ,the goal of such plans shall be the restoration of the affected ecosystem to a condition approximating or equal to that which existed prior to the surface disturbance4 ,such standards shall include restoration of natural vegetation and hydrology1 habitat restoration1 salvage1 storage and reuse of topsoils1 erosion control1 control of invasive species and noxious weeds and natural contouring4 7#f7 ,monitoring ,the ,secretary concerned shall not approve final abandonment and shall not release any bond required by this ,act until the standards and requirement for final reclamation established pursuant to this ,act have been met4 4 ,b ,surface ,mining ,control and ,reclamation ,act ,amendments #hdbja4 ,abandoned ,mine ,land ,reclamation ,fund ,section #dja7;f77#b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7;f77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the heading1 by striking #bjbb and inserting #bjcg2 and 7,b7 by striking #bjbb and inserting #bjcg2 and 7#b7 in subparagraph 7,b7-- 7,a7 in the heading1 by striking #bjbc and inserting #bjch2 7,b7 by striking #bjbc and inserting #bjch2 and 7,c7 by striking #bjbb and inserting #bjcg4 #hdbjb4 ,emergency ,powers 7a7 ,state reclamation program ,section #dje7;d7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abce7;d77 is amended by striking sections #djb and #daj excepted and inserting section #djb excepted4 7b7 ,delegation ,section #daj of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abdj7 is amended-- 7#a7 in subsection 7a71 by inserting 1 including through reimbursement to a ,state or ,tribal ,government described in subsection 7c71 after moneys2 and 7#b7 by adding at the end the following3 7c7 ,state or ,tribal ,government ,a ,state or ,tribal ,government is eligible to receive reimbursement from the ,secretary under subsection 7a7 if such ,state or ,tribal ,government has submitted1 and the ,secretary has approved1 an ,abandoned ,mine ,land ,emergency ,program as part of an approved ,state or ,tribal ,reclamation ,plan under section #dje4 4 #hdbjc4 ,reclamation fee 7a7 ,duration ,effective #ij days after the date of enactment of this ,act1 section #djb7;b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;b77 is amended by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjcf4 7b7 ,allocation of funds ,effective ,september #cj1 #bjbj1 section #djb7;g7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77 is amended-- 7#a7 in paragraph 7#f77;,a71 by striking paragraphs 7#a7 and 7#e7 inserting paragraphs 7#a71 7#e71 and 7#h72 7#b7 in paragraph 7#h77;,a71 by striking #c1jjj1jjj and inserting #e1jjj1jjj2 and 7#c7 by adding at the end the following3 7#i7 ,from amounts withheld pursuant to the ,budget ,control ,act of #bjaa 7#b ,u4,s4,c4 #ija7;a77 from payments to ,states under title ,,iv of the ,surface ,mining ,control and ,reclamation ,act 7#cj ,u4,s4,c4 #abcb7;g77 during fiscal years #bjac through #bjah1 the ,secretary shall distribute for fiscal year #bjbj an amount to each ,state equal to the total amount so withheld4 4 ,c ,revitalizing the ,economy of ,coal ,communities by ,leveraging ,local ,activities and ,investing ,more #hdcja4 ,economic revitalization for coal country 7a7 ,in general ,title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq47 is amended by adding at the end the following3 #daf4 ,abandoned mine land economic revitalization 7a7 ,purpose ,the purpose of this section is to promote economic revitalization1 diversification1 and development in economically distressed mining communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before ,august #c1 #aigg4 7b7 ,in general ,from amounts deposited into the fund under section #dja7;b7 before ,october #a1 #bjjg1 #bjj1jjj1jjj shall be made available to the ,secretary1 subject to appropriation1 for each of fiscal years #bjba through #bjbe for distribution to ,states and ,indian tribes in accordance with this section for reclamation and restoration projects at sites identified as priorities under section #djc7;a74 7c7 ,use of funds ,funds distributed to a ,state or ,indian tribe under subsection 7d7 shall be used only for projects classified under the priorities of section #djc7;a7 that meet the following criteria3 7#a7 ,contribution to future economic or community development 7,a7 ,in general ,the project1 upon completion of reclamation1 is intended to create favorable conditions for the economic development of the project site or create favorable conditions that promote the general welfare through economic and community development of the area in which the project is conducted4 7,b7 ,demonstration of conditions ,such conditions are demonstrated by-- 7i7 documentation of the role of the project in such area's economic development strategy or other economic and community development planning process2 7ii7 any other documentation of the planned economic and community use of the project site after the primary reclamation activities are completed1 which may include contracts1 agreements in principle1 or other evidence that1 once reclaimed1 the site is reasonably anticipated to be used for one or more industrial1 commercial1 residential1 agricultural1 or recreational purposes2 or 7iii7 any other documentation agreed to by the ,state or ,indian tribe that demonstrates the project will meet the criteria set forth in this subsection4 7#b7 ,location in economically distressed community affected by recent decline in mining 7,a7 ,in general ,the project will be conducted in a community-- 7i7 that has been adversely affected economically by a recent reduction in coal mining related activity1 as demonstrated by employment data1 per capita income1 or other indicators of economic distress2 or 7ii7 7,i7 that has historically relied on coal mining for a substantial portion of its economy2 and 7,,ii7 in which the economic contribution of coal mining has significantly declined4 7,b7 ,submission and publication of evidence or analysis ,any evidence or analysis relied upon in selecting the location of a project under this subparagraph shall be submitted to the ,secretary for publication4 ,the ,secretary shall publish such evidence or analysis in the ,federal ,register within #cj days after receiving such submission4 7#c7 ,stakeholder collaboration 7,a7 ,in general ,the project has been the subject of project planning under subsection 7g7 and has been the focus of collaboration1 including partnerships1 as appropriate1 with interested persons or local organizations4 7,b7 ,public notice ,as part of project planning-- 7i7 the public has been notified of the project at minimum #cj days prior to submission to ,office of ,surface ,mining ,reclamation and ,enforcement and has been given an opportunity to request a public meeting convened in a community near the proposed project site2 and 7ii7 the ,state or ,indian tribe published notice of the proposed project #cj days prior to submission to ,office of ,surface ,mining ,reclamation and ,enforcement and published notice of requested public meetings in local newspapers of general circulation1 on the ,internet1 and by any other means considered desirable by the ,secretary4 7,c7 ,electronic notification ,the ,state or ,indian tribe established a way for interested persons to receive electronically all public notices issued under subparagraph 7,b7 and any written declarations submitted to the ,secretary under paragraph 7#e74 7#d7 ,eligible applicants ,the project has been proposed by entities of ,state1 local1 county1 or tribal governments1 or local organizations1 and will be approved and executed by ,state or tribal programs1 approved under section #dje or referred to in section #djb7;g77#h77;,b71 which may include subcontracting project-related activities1 as appropriate4 7#e7 ,waiver ,if the ,state or ,indian tribe-- 7,a7 cannot provide documentation described in paragraph 7#a77;,b7 for a project conducted under a priority stated in paragraph 7#a7 or 7#b7 of section #djc7;a72 or 7,b7 is unable to meet the requirements under paragraph 7#b71 the ,state or ,indian tribe shall submit a written declaration to the ,secretary requesting an exemption from the requirements of those subparagraphs4 ,the declaration must explain why achieving favorable conditions for economic or community development at the project site is not practicable1 or why the requirements of paragraph 7#b7 cannot be met1 and that sufficient funds distributed annually under section #dja are not available to implement the project4 ,such request for an exemption is deemed to be approved1 except the ,secretary shall deny such request if the ,secretary determines the declaration to be substantially inadequate4 ,any denial of such request shall be resolved at the ,state's or ,indian tribe's request through the procedures described in subsection 7e74 7d7 ,distribution of funds 7#a7 ,uncertified ,states 7,a7 ,in general ,from the amount made available in subsection 7b71 the ,secretary shall distribute #ig4e percent annually for each of fiscal years #bjba through #bjbe to ,states and ,indian tribes that have a ,state or tribal program approved under section #dje or are referred to in section #djb7;g77#h77;,b71 and have not made a certification under section #daa7;a7 in which the ,secretary has concurred1 as follows3 7i7 ,four-fifths of such amount shall be distributed based on the proportion of the amount of coal historically produced in each ,state or from the lands of each ,indian tribe concerned before ,august #c1 #aigg4 7ii7 ,one-fifth of such amount shall be distributed based on the proportion of reclamation fees paid during the period of fiscal years #bjab through #bjaf for lands in each ,state or lands of each ,indian tribe concerned4 7,b7 ,supplemental funds ,funds distributed under this section-- 7i7 shall be in addition to1 and shall not affect1 the amount of funds distributed-- 7,i7 to ,states and ,indian tribes under section #dja7;f72 and 7,,ii7 to ,states and ,indian tribes that have made a certification under section #daa7;a7 in which the ,secretary has concurred1 subject to the cap described in section #djb7;i77#c72 and 7ii7 shall not reduce any funds distributed to a ,state or ,indian tribe by reason of the application of section #djb7;g77#h74 7#b7 ,additional funding to certain ,states and ,indian tribes 7,a7 ,eligibility ,from the amount made available in subsection 7b71 the ,secretary shall distribute #b4e percent annually for each of the five fiscal years beginning with fiscal year #bjba to ,states and ,indian tribes that have a ,state program approved under section #dje and have made a certification under section #daa7;a7 in which the ,secretary has concurred4 7,b7 ,application for funds ,using the process in section #dje7;f71 any ,state or ,indian tribe described in subparagraph 7,a7 may submit a grant application to the ,secretary for funds under this paragraph4 ,the ,secretary shall review each grant application to confirm that the projects identified in the application for funding are eligible under subsection 7c74 7,c7 ,distribution of funds ,the amount of funds distributed to each ,state or ,indian tribe under this paragraph shall be determined by the ,secretary based on the demonstrated need for the funding to accomplish the purpose of this section4 7#c7 ,reallocation of uncommitted funds 7,a7 ,committed defined ,for purposes of this paragraph the term committed-- 7i7 means that funds received by the ,state or ,indian tribe-- 7,i7 have been exclusively applied to or reserved for a specific project and therefore are not available for any other purpose2 or 7,,ii7 have been expended or designated by the ,state or ,indian tribe for the completion of a project2 7ii7 includes use of any amount for project planning under subsection 7g72 and 7iii7 reflects an acknowledgment by ,congress that1 based on the documentation required under subsection 7c77#b77;,b71 any unanticipated delays to commit such funds that are outside the control of the ,state or ,indian tribe concerned shall not affect its allocations under this section4 7,b7 ,fiscal years #bjbd and #bjbe ,for each of fiscal years #bjbd and #bjbe1 the ,secretary shall reallocate in accordance with subparagraph 7,d7 any amount available for distribution under this subsection that has not been committed to eligible projects in the preceding #b fiscal years1 among the ,states and ,indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal year4 7,c7 ,fiscal year #bjbf ,for fiscal year #bjbf1 the ,secretary shall reallocate in accordance with subparagraph 7,d7 any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under paragraph 7#a77;,a71 among the ,states and ,indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal years4 7,d7 ,amount of reallocation ,the amount reallocated to each ,state or ,indian tribe under each of subparagraphs 7,b7 and 7,c7 shall be determined by the ,secretary to reflect1 to the extent practicable-- 7i7 the proportion of unreclaimed eligible lands and waters the ,state or ,indian tribe has in the inventory maintained under section #djc7;c72 7ii7 the average of the proportion of reclamation fees paid for lands in each ,state or lands of each ,indian tribe concerned2 and 7iii7 the proportion of coal mining employment loss incurred in the ,state or on lands of the ,indian tribe1 respectively1 as determined by the ,mine ,safety and ,health ,administration1 over the #e-year period preceding the fiscal year for which the reallocation is made4 7e7 ,resolution of ,secretary's concerns2 congressional notification ,if the ,secretary does not agree with a ,state or ,indian tribe that a proposed project meets the criteria set forth in subsection 7c7-- 7#a7 the ,secretary and the ,state or tribe shall meet and confer for a period of not more than #de days to resolve the ,secretary's concerns1 except that such period may be shortened by the ,secretary if the ,secretary's concerns are resolved2 7#b7 during that period1 at the ,state's or ,indian tribe's request1 the ,secretary may consult with any appropriate ,federal agency2 and 7#c7 at the end of that period1 if the ,secretary's concerns are not resolved the ,secretary shall provide to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an explanation of the concerns and such project proposal shall not be eligible for funds distributed under this section4 7f7 ,acid mine drainage treatment 7#a7 ,in general ,subject to paragraph 7#b71 a ,state or ,indian tribe that receives funds under this section may use up to #cj percent of such funds as necessary to supplement the ,state's or tribe's acid mine drainage abatement and treatment fund established under section #djb7;g77#f77;,a71 for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section4 ,a ,state or ,indian tribe shall specify the total funds allotted for such costs in its application submitted under subsection 7d77#b77;,b74 7#b7 ,condition ,a ,state or ,indian tribe may use funds under this subsection only if the ,state or tribe can demonstrate that the annual grant distributed to the ,state or tribe pursuant to section #dja7;f71 including any interest from the ,state's or tribe's acid mine drainage abatement and treatment fund that is not used for the operation or maintenance of preexisting acid mine drainage treatment systems1 is insufficient to fund the operation and maintenance of any acid mine drainage treatment system associated with an individual project funded under this section4 7g7 ,project planning and administration 7#a7 ,states and ,indian tribes ,a ,state or ,indian tribe may use up to #aj percent of its annual distribution under this section for the costs of administering this section consistent with existing practice under sections #dja7;c77#g7 and #djb7;g77#a77;,c7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg and the ,office of ,surface ,mining ,reclamation and ,enforcement ,federal ,assistance ,manual4 7#b7 ,secretary ,the ,secretary may expend1 from amounts made available to the ,secretary under section #djb7;g77#c77;,d71 not more than #c1jjj1jjj during the fiscal years for which distributions occur under subsection 7b7 for staffing and other administrative expenses necessary to carry out this section4 7h7 ,regulations and guidelines ,to the extent necessary to implement the provisions of this ,act1 the ,secretary shall propose rules and_/or develop guidelines not later than #ij days following enactment of the ,act and shall publish them as final rules and_/or guidelines not later than #ij days thereafter4 ,within #fj days following the adoption of any such final rules and_/or guidelines1 the ,secretary shall distribute the funds under subsection 7d74 ,furthermore1 project proposals under this ,act shall be initially reviewed1 vetted and approved by ,,osmre ,field ,offices within #de days of receipt and authorizations to proceed shall be issued by the ,field ,office within #de days of request by the ,state or ,tribe4 7i7 ,report to ,congress ,the ,secretary shall provide to the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 and the ,committee on ,energy and ,natural ,resources of the ,senate at the end of each fiscal year for which such funds are distributed a detailed report-- 7#a7 on the various projects that have been undertaken with such funds2 7#b7 the extent and degree of reclamation using such funds that achieved the priorities described in paragraph 7#a7 or 7#b7 of section #djc7;a72 7#c7 the community and economic benefits that are resulting from1 or are expected to result from1 the use of the funds that achieved the priorities described in paragraph 7#c7 of section #djc7;a72 and 7#d7 the reduction since the previous report in the inventory referred to in section #djc7;c74 7j7 ,prohibition on certain use of funds ,any ,state or ,indian tribe that uses the funds distributed under this section for purposes other than reclamation or drainage abatement expenditures1 as made eligible by section #djd1 and for the purposes authorized under subsections 7f7 and 7g71 shall be barred from receiving any subsequent funding under this section4 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,surface ,mining ,control and ,reclamation ,act of #aigg is amended by adding at the end of the items relating to title ,,iv the following3 ,sec4 #daf4 ,abandoned mine land economic revitalization4 4 #hdcjb4 ,technical and conforming amendments ,the ,surface ,mining ,control and ,reclamation ,act of #aigg is amended-- 7#a7 in section #dja7;c7 7#cj ,u4,s4,c4 #abca7;c771 by striking and after the semicolon at the end of paragraph 7#aj71 by redesignating paragraph 7#aa7 as paragraph 7#ab71 and by inserting after paragraph 7#aj7 the following3 7#aa7 to implement section #daf2 and 2 7#b7 in section #dja7;d77#c7 7#cj ,u4,s4,c4 #abca7;d77#c771 by striking subsection 7f7 and inserting subsection 7f7 and section #daf7;a72 7#c7 in section #djb7;g7 7#cj ,u4,s4,c4 #abcb7;g77-- 7,a7 in paragraph 7#a71 by inserting and section #daf after subsection 7h72 and 7,b7 by adding at the end of paragraph 7#c7 the following3 7,f7 ,for the purpose of section #daf7;d77#b77;,a74 2 and 7#d7 in section #djc7;c7 7#cj ,u4,s4,c4 #abcc7;c771 by inserting after the second sentence the following3 ,as practicable1 ,states and ,indian tribes shall offer such amendments based on the use of remote sensing1 global positioning systems1 and other advanced technologies44 #hdcjc4 ,minimum ,state payments ,section #djb7;g77#h77;,a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77#h77 is amended by striking #c1jjj1jjj and inserting #e1jjj1jjj4 #hdcjd4 ,,gao study of use of funds ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall study and report to the ,congress on uses of funds authorized by this subtitle1 including regarding-- 7#a7 the solvency of the ,abandoned ,mine ,reclamation ,fund2 and 7#b7 the impact of such use on payments and transfers under the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja7 to-- 7,a7 ,states for which a certification has been made under section #daa of such ,act 7#cj ,u4,s4,c4 #abda72 7,b7 ,states for which such a certification has not been made2 and 7,c7 transfers to ,united ,mine ,workers of ,america ,combined ,benefit ,fund4 #hdcje4 ,payments to certified ,states not affected ,nothing in this subtitle shall be construed to reduce or otherwise affect payments under section #djb7;g7 of the ,surface ,mining ,reclamation and ,control ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77 to ,states that have made a certification under section #daa7;a7 of such ,act 7#cj ,u4,s4,c4 #abdj;a7a77 in which the ,secretary of the ,interior has concurred4 ,d ,public ,land ,renewable ,energy ,development #hddja4 ,definitions ,in this subtitle3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 public lands administered by the ,secretary2 and 7,b7 not excluded from the development of geothermal1 solar1 or wind energy under-- 7i7 a land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7ii7 other ,federal law4 7#b7 ,exclusion area ,the term exclusion area means covered land that is identified by the ,bureau of ,land ,management as not suitable for development of renewable energy projects4 7#c7 ,federal land ,the term ,federal land means public lands4 7#d7 ,fund ,the term ,fund means the ,renewable ,energy ,resource ,conservation ,fund established by section #hddjh7;c77#a74 7#e7 ,priority area ,the term priority area means covered land identified by the land use planning process of the ,bureau of ,land ,management as being a preferred location for a renewable energy project1 including a designated leasing area 7as defined in section #bhja4e7;b7 of title #dc1 ,code of ,federal ,regulations 7or a successor regulation77 that is identified under the rule of the ,bureau of ,land ,management entitled ,competitive ,processes1 ,terms1 and ,conditions for ,leasing ,public ,lands for ,solar and ,wind ,energy ,development and ,technical ,changes and ,corrections 7#ha ,fed4 ,reg4 #ibabb 7,december #ai1 #bjaf77 7or a successor regulation74 7#f7 ,public lands ,the term public lands has the meaning given that term in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#g7 ,renewable energy project ,the term renewable energy project means a project carried out on covered land that uses wind1 solar1 or geothermal energy to generate energy4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,variance area ,the term variance area means covered land that is-- 7,a7 not an exclusion area2 7,b7 not a priority area2 and 7,c7 identified by the ,secretary as potentially available for renewable energy development and could be approved without a plan amendment1 consistent with the principles of multiple use 7as that term is defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4774 #hddjb4 ,land use planning2 supplements to programmatic environmental impact statements 7a7 ,priority areas 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,energy1 shall establish priority areas on covered land for geothermal1 solar1 and wind energy projects4 ,projects located in those priority areas shall be given the highest priority for review1 and shall be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas4 7#b7 ,deadline 7,a7 ,geothermal energy ,for geothermal energy1 the ,secretary shall establish priority areas as soon as practicable1 but not later than #e years1 after the date of the enactment of this ,act4 7,b7 ,solar energy ,for solar energy1 solar ,designated ,leasing ,areas1 including the solar energy zones established by the #bjab western solar plan of the ,bureau of ,land ,management and any subsequent land use plan amendments1 shall be considered to be priority areas for solar energy projects4 ,the ,secretary shall establish additional solar priority areas as soon as practicable1 but not later than #c years1 after the date of the enactment of this ,act4 7,c7 ,wind energy ,for wind energy1 the ,secretary shall establish additional wind priority areas as soon as practicable1 but not later than #c years1 after the date of the enactment of this ,act4 7b7 ,variance areas ,to the maximum extent practicable1 variance areas shall be considered for renewable energy project development1 consistent with the principles of multiple use 7as defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4774 7c7 ,review and modification ,not less than once every #e years1 the ,secretary shall-- 7#a7 review the adequacy of land allocations for geothermal1 solar1 and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities2 and 7#b7 based on the review carried out under paragraph 7#a71 add1 modify1 or eliminate priority1 variance1 and exclusion areas4 7d7 ,compliance with the ,national ,environmental ,policy ,act ,for purposes of this section1 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be accomplished-- 7#a7 for geothermal energy1 by supplementing the ,october #bjjh final programmatic environmental impact statement for geothermal leasing in the ,western ,united ,states and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized2 7#b7 for solar energy1 by supplementing the ,july #bjab final programmatic environmental impact statement for solar energy development and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized2 and 7#c7 for wind energy1 by supplementing the ,july #bjje final programmatic environmental impact statement for wind energy development and incorporating any additional regional analyses that have been completed by ,federal agencies since the programmatic environmental impact statement was finalized4 7e7 ,no effect on processing applications ,any requirements to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing a pending application for a renewable energy project4 7f7 ,coordination ,in developing a supplement required by this section1 the ,secretary shall coordinate1 on an ongoing basis1 with appropriate ,state1 ,tribal1 and local governments1 transmission infrastructure owners and operators1 developers1 and other appropriate entities to ensure that priority areas identified by the ,secretary are-- 7#a7 economically viable 7including having access to existing and_/or planned transmission lines72 7#b7 likely to avoid or minimize impacts to habitat for animals and plants1 recreation1 cultural resources1 and other uses of covered land2 and 7#c7 consistent with section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab71 including subsection 7c77#i7 of that section 7#dc ,u4,s4,c4 #agab7;c77#i774 #hddjc4 ,environmental review on covered land 7a7 ,in general ,if the ,secretary determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement conducted under section #hddjb7;d71 the ,secretary shall not require any additional review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 ,the ,secretary shall publish any such project determinations on a publicly available website4 7b7 ,additional environmental review ,if the ,secretary determines that additional environmental review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is necessary for a proposed renewable energy project1 the ,secretary shall rely on the analysis in the programmatic environmental impact statement conducted under section #hddjb7;d71 to the maximum extent practicable when analyzing the potential impacts of the project4 7c7 ,relationship to other law ,nothing in this section modifies or supersedes any requirement under applicable law4 #hddjd4 ,program to improve renewable energy project permit coordination 7a7 ,establishment ,the ,secretary shall establish a national ,renewable ,energy ,coordination ,office and ,state1 district1 or field offices with responsibility to establish and implement a program to improve ,federal permit coordination with respect to renewable energy projects on covered land and other activities deemed necessary by the ,secretary4 ,in carrying out the program1 the ,secretary may temporarily assign qualified staff to ,renewable ,energy ,coordination ,offices to expedite the permitting of renewable energy projects4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall enter into a memorandum of understanding for purposes of this section1 including to specifically expedite the environmental analysis of applications for projects proposed in a variance area or a priority area1 with the ,secretary of ,defense4 7#b7 ,state and ,tribal participation ,the ,secretary may request the ,governor of any interested ,state or any ,tribal leader of any interested ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 to be a signatory to the memorandum of understanding under paragraph 7#a74 7c7 ,designation of qualified staff 7#a7 ,in general ,not later than #cj days after the date on which the memorandum of understanding under subsection 7b7 is executed1 all ,federal signatories1 as appropriate1 shall identify for each of the ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices one or more employees who have expertise in the regulatory issues relating to the office in which the employee is employed1 including1 as applicable1 particular expertise in-- 7,a7 consultation regarding1 and preparation of1 biological opinions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 7,b7 permits under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 7,c7 regulatory matters under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,d7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,e7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7,f7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,g7 implementation of the requirements of section #cjfajh of title #ed1 ,united ,states ,code 7formerly known as section #ajf of the ,national ,historic ,preservation ,act72 7,h7 the ,bald and ,golden ,eagle ,protection ,act 7#af ,u4,s4,c4 #ffh through #ffh;d72 and 7,i7 section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec and #ajbaja of title #ed 1 ,united ,states ,code 7previously known as the ,national ,park ,service ,organic ,act74 7#b7 ,duties ,each employee assigned under paragraph 7#a7 shall-- 7,a7 be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee2 and 7,b7 participate as part of the team of personnel working on proposed energy projects1 planning1 monitoring1 inspection1 enforcement1 and environmental analyses4 7d7 ,additional personnel ,the ,secretary may assign such additional personnel for the ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices as are necessary to ensure the effective implementation of any programs administered by the offices in accordance with the multiple use mandate of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7e7 ,clarification of existing authority ,under section #cjg of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcg71 the ,bureau of ,land ,management may-- 7#a7 accept donations for the purposes of public lands management2 and 7#b7 accept donations from renewable energy companies working on public lands to help cover the costs of environmental reviews4 7f7 ,report to ,congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of the enactment of this ,act1 and each ,february #a thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing the progress made under the program established under subsection 7a7 during the preceding year4 7#b7 ,inclusions ,each report under this subsection shall include-- 7,a7 projections for renewable energy production and capacity installations2 and 7,b7 a description of any problems relating to leasing1 permitting1 siting1 or production4 #hddje4 ,increasing economic certainty 7a7 ,considerations ,the ,secretary is authorized to and shall consider acreage rental rates1 capacity fees1 and other recurring annual fees in total when evaluating existing rates paid for the use of ,federal land by renewable energy projects4 7b7 ,increases in base rental rates ,once a base rental rate is established upon the issuance of a right-of-way authorization1 increases in the base rent shall be limited to the ,implicit ,price ,deflator-,gross ,domestic ,product 7,,ipd-,,gdp7 index for the entire term of the right-of-way authorization4 7c7 ,reductions in base rental rates ,the ,secretary is authorized to reduce acreage rental rates and capacity fees1 or both1 for existing and new wind and solar authorizations if the ,secretary determines-- 7#a7 that the existing rates-- 7,a7 exceed fair market value2 7,b7 impose economic hardships2 7,c7 limit commercial interest in a competitive lease sale or right-of-way grant2 or 7,d7 are not competitively priced compared to other available land2 or 7#b7 that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources1 especially those resources inside priority areas4 ,rental rates and capacity fees for projects that are within the boundaries of a ,designated ,leasing ,area but not formally recognized as being in such an area shall be equivalent to rents and fees for new leases inside of a ,designated ,leasing ,area4 #hddjf4 ,limited grandfathering 7a7 ,definition of project ,in this section1 the term project means a system described in section #bhja4i7;a77#d7 of title #dc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7b7 ,requirement ,to pay rents and fees ,unless otherwise agreed to by the owner of a project1 the owner of a project that applied for a right-of-way under section #eja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa7 on or before ,december #ai1 #bjaf1 shall be obligated to pay with respect to the right-of-way all rents and fees in effect before the effective date of the rule of the ,bureau of ,land ,management entitled ,competitive ,processes1 ,terms1 and ,conditions for ,leasing ,public ,lands for ,solar and ,wind ,energy ,development and ,technical ,changes and ,corrections 7#ha ,fed4 ,reg4 #ibabb 7,december #ai1 #bjaf774 #hddjg4 ,renewable energy goal ,the ,secretary shall seek to issue permits that1 in total1 authorize production of not less than #be gigawatts of electricity from wind1 solar1 and geothermal energy projects by not later than #bjbe1 through management of public lands and administration of ,federal laws4 #hddjh4 ,disposition of revenues 7a7 ,disposition of revenues ,beginning on ,january #a1 #bjbj1 of the amounts collected as bonus bids1 rentals1 fees1 or other payments under a right-of-way1 permit1 lease1 or other authorization 7other than under section #ejd7;g7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfd7;g777 for the development of wind or solar energy on covered land the following shall be made available without further appropriation or fiscal year limitation as follows3 7#a7 ,twenty-five percent shall be paid by the ,secretary of the ,treasury to the ,state within the boundaries of which the revenue is derived4 7#b7 ,twenty-five percent shall be paid by the ,secretary of the ,treasury to the one or more counties within the boundaries of which the revenue is derived1 to be allocated among the counties based on the percentage of land from which the revenue is derived4 7#c7 ,fifteen percent shall be deposited in the ,treasury and be made available to the ,secretary to carry out the program established under this subtitle1 including the transfer of the funds by the ,bureau of ,land ,management to other ,federal agencies and ,state agencies to facilitate the processing of renewable energy permits on ,federal land1 with priority given to using the amounts1 to the maximum extent practicable without detrimental impacts to emerging markets1 to expediting the issuance of permits required for the development of renewable energy projects in the ,states from which the revenues are derived4 7#d7 ,twenty-five percent shall be deposited in the ,renewable ,energy ,resource ,conservation ,fund established by subsection 7c74 7#e7 ,the remainder shall be deposited into the general fund of the ,treasury for purposes of reducing the annual ,federal budget deficit4 7b7 ,payments to ,states and counties 7#a7 ,in general ,amounts paid to ,states and counties under subsection 7a7 shall be used consistent with section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia74 7#b7 ,payments in lieu of taxes ,a payment to a county under paragraph 7#a7 shall be in addition to a payment in lieu of taxes received by the county under chapter #fi of title #ca1 ,united ,states ,code4 7c7 ,renewable ,energy ,resource ,conservation ,fund 7#a7 ,in general ,there is established in the ,treasury a fund to be known as the ,renewable ,energy ,resource ,conservation ,fund1 which shall be administered by the ,secretary4 7#b7 ,use of funds ,the ,secretary may make amounts in the ,fund available to ,federal1 ,state1 local1 and ,tribal agencies to be distributed in regions in which renewable energy projects are located on ,federal land1 for the purposes of-- 7,a7 restoring and protecting-- 7i7 fish and wildlife habitat for affected species2 7ii7 fish and wildlife corridors for affected species2 and 7iii7 wetlands1 streams1 rivers1 and other natural water bodies in areas affected by wind1 geothermal1 or solar energy development2 and 7,b7 preserving and improving recreational access to ,federal land and water in an affected region through an easement1 right-of-way1 or other instrument from willing landowners for the purpose of enhancing public access to existing ,federal land and water that is inaccessible or restricted4 7#c7 ,restriction on use of funds ,no funds made available under this subsection may be used for the purchase of real property unless in fulfillment of paragraph 7#b77;,b74 7#d7 ,partnerships ,the ,secretary may enter into cooperative agreements with ,state and ,tribal agencies1 nonprofit organizations1 and other appropriate entities to carry out the activities described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7#e7 ,investment of ,fund 7,a7 ,in general ,any amounts deposited in the ,fund shall earn interest in an amount determined by the ,secretary of the ,treasury on the basis of the current average market yield on outstanding marketable obligations of the ,united ,states of comparable maturities4 7,b7 ,use ,any interest earned under subparagraph 7,a7 may be expended in accordance with this subsection4 7#f7 ,report to ,congress ,at the end of each fiscal year1 the ,secretary shall report to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate-- 7,a7 the amount collected as described in subsection 7a71 by source1 during that fiscal year2 7,b7 the amount and purpose of payments during that fiscal year to each ,federal1 ,state1 local1 and ,tribal agency under paragraph 7#b72 and 7,c7 the amount remaining in the ,fund at the end of the fiscal year4 7#g7 ,intent of ,congress ,it is the intent of ,congress that the revenues deposited and used in the ,fund shall supplement 7and not supplant7 annual appropriations for activities described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 #hddji4 ,promoting and enhancing development of geothermal energy 7a7 ,in general ,section #bcd7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehgc7;a77 is amended by striking in the first #e fiscal years beginning after the date of enactment of this ,act and inserting through fiscal year #bjbb4 7b7 ,authorization ,section #bcd7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehgc7;b77 is amended-- 7#a7 by striking ,amounts and inserting the following3 7#a7 ,in general ,amounts 2 and 7#b7 by adding at the end the following3 7#b7 ,authorization ,effective for fiscal year #bjai and each fiscal year thereafter1 amounts deposited under subsection 7a7 shall be available to the ,secretary of the ,interior for expenditure1 without further appropriation or fiscal year limitation1 to implement the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 and this ,act4 4 #hddaj4 ,facilitation of coproduction of geothermal energy on oil and gas leases ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended by adding at the end the following3 7#d7 ,land subject to oil and gas lease ,land under an oil and gas lease issued pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection 7c7 by the holder of the oil and gas lease-- 7,a7 on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas2 and 7,b7 in order to provide for the coproduction of geothermal energy with oil and gas4 4 #hddaa4 ,noncompetitive leasing of adjoining areas for development of geothermal resources ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is further amended by adding at the end the following3 7#e7 ,adjoining land 7,a7 ,definitions ,in this paragraph3 7i7 ,fair market value per acre ,the term fair market value per acre means a dollar amount per acre that-- 7,i7 except as provided in this clause1 shall be equal to the market value per acre 7taking into account the determination under subparagraph 7,b77iii7 regarding a valid discovery on the adjoining land7 as determined by the ,secretary under regulations issued under this paragraph2 7,,ii7 shall be determined by the ,secretary with respect to a lease under this paragraph1 by not later than the end of the #ahj-;day period beginning on the date the ,secretary receives an application for the lease2 and 7,,iii7 shall be not less than the greater of-- 7aa7 #d times the median amount paid per acre for all land leased under this ,act during the preceding year2 or 7bb7 #ej4 7ii7 ,industry standards ,the term industry standards means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources1 as determined through flow or injection testing or measurement of lost circulation while drilling4 7iii7 ,qualified ,federal land ,the term qualified ,federal land means land that is otherwise available for leasing under this ,act4 7iv7 ,qualified geothermal professional ,the term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least #e years of experience in geothermal exploration1 development1 or project assessment4 7v7 ,qualified lessee ,the term qualified lessee means a person who may hold a geothermal lease under this ,act 7including applicable regulations74 7vi7 ,valid discovery ,the term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well1 that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards4 7,b7 ,authority ,an area of qualified ,federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre1 if-- 7i7 the area of qualified ,federal land-- 7,i7 consists of not less than #a acre and not more than #fdj acres2 and 7,,ii7 is not already leased under this ,act or nominated to be leased under subsection 7a72 7ii7 the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause 7iii77,i72 and 7iii7 sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable ,federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- 7,i7 there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources2 and 7,,ii7 that geothermal feature extends into the adjoining areas4 7,c7 ,determination of fair market value 7i7 ,in general ,the ,secretary shall-- 7,i7 publish a notice of any request to lease land under this paragraph2 7,,ii7 determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the ,secretary2 7,,iii7 provide to a qualified lessee and publish1 with an opportunity for public comment for a period of #cj days1 any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph2 and 7,,iv7 provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable ,federal land management agency1 in accordance with applicable law 7including regulations74 7ii7 ,limitation on nomination ,after publication of a notice of request to lease land under this paragraph1 the ,secretary may not accept under subsection 7a7 any nomination of the land for leasing unless the request has been denied or withdrawn4 7iii7 ,annual rental ,for purposes of section #e7;a77#c71 a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale4 7,d7 ,regulations ,not later than #bgj days after the date of the enactment of this paragraph1 the ,secretary shall issue regulations to carry out this paragraph4 4 #hddab4 ,savings clause ,notwithstanding any other provision of this subtitle1 the ,secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title ,i of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses1 for the purposes of land use planning1 permit processing1 and conducting environmental reviews4 ,e ,offshore ,wind ,jobs and ,opportunity #hdeja4 ,offshore ,wind ,career ,training ,grant ,program ,the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 is amended by adding at the end the following3 #cc4 ,offshore ,wind ,career ,training ,grant ,program 7a7 ,grants authorized ,beginning #ahj days after the date of the enactment of this section1 the ,secretary may award offshore wind career training grants to eligible entities for the purpose of establishing or expanding educational or career training programs that provide individuals in such programs skills and competencies necessary for employment in the offshore wind industry4 7b7 ,allocation of grants 7#a7 ,limitation on grant quantity and size ,an eligible entity may not be awarded-- 7,a7 more than one grant under this section for which the eligible entity is the lead applicant2 or 7,b7 a grant under this section in excess of #b1ejj1jjj4 7#b7 ,allocation to community colleges ,not less than #be percent of the total amount awarded under this section for a fiscal year shall be awarded to eligible entities that are community colleges4 7c7 ,partnerships ,an eligible entity seeking to receive a grant under this section shall establish or partner with one or more of the following3 7#a7 ,another eligible entity 7including an eligible entity that is a community college74 7#b7 ,a ,state or local government agency responsible for education1 workforce development or offshore wind energy activities4 7#c7 ,a qualified intermediary4 7d7 ,use of grant ,an eligible entity may use a grant awarded under this section for the following activities3 7#a7 ,occupational skills training1 including curriculum development and class-room instruction4 7#b7 ,safety and health training4 7#c7 ,the provision of ,english language acquisition and employability skills4 7#d7 ,individual referral and tuition assistance for a community college training program4 7#e7 ,career pathway development or expansion for offshore wind industry occupations4 7#f7 ,the development or expansion of work-based learning or incumbent worker training programs aligned with career pathways in a field related to the offshore wind industry1 such as paid internships1 registered apprenticeships and programs articulating to an apprenticeship program1 customized training1 or transitional jobs4 7#g7 ,curriculum development at the under-graduate and postgraduate levels4 7#h7 ,development and support of offshore wind energy major1 minor1 or certificate programs4 7#i7 ,such other activities1 as determined by the ,secretary1 to meet the purposes of this section4 7e7 ,grant proposals 7#a7 ,submission procedure for grant proposals ,an eligible entity seeking to receive a grant under this section shall submit a grant proposal to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,content of grant proposals ,a grant proposal submitted to the ,secretary under this section shall include a detailed description of-- 7,a7 the specific project for which the grant proposal is submitted1 including the manner in which the grant will be used to develop1 offer1 or improve an educational or career training program that will provide individuals in such program the skills and competencies necessary for employment in the offshore wind industry2 7,b7 any previous experience of the eligible entity in providing such educational or career training programs2 7,c7 the extent to which such project will meet the educational or career training needs2 7,d7 the quantitative data that demonstrates the demand for employment for such program in the geographic area served by the eligible entity1 including wages and benefits for such employment2 7,e7 a description of the entities involved in the industry or sector partnership2 and 7,f7 a description of the activities the eligible entity will carry out4 7f7 ,criteria for award of grants 7#a7 ,in general ,subject to appropriations1 the ,secretary shall award grants under this section based on an evaluation of-- 7,a7 the merits of the grant proposal2 7,b7 the available or projected employment opportunities1 including the projected wages and benefits1 available to individuals who complete the educational or career training program that the eligible entity proposes to develop1 offer1 or improve2 and 7,c7 the availability and capacity of existing educational or career training programs in the community to meet future demand for such programs4 7#b7 ,priority ,priority in awarding grants under this section shall be given to an eligible entity that-- 7,a7 is-- 7i7 an institute of higher education that has formed a partnership with a labor organization or joint-labor management organization2 or 7ii7 a labor organization or joint-labor management organization that has formed a partnership with an institute of higher education2 7,b7 has entered into a memorandum of understanding with one or more employers in the offshore wind industry to partner on the establishment or expansion of programs funded under this ,act2 7,c7 is located in an economically distressed area2 7,d7 serves a high number or high percentage of individuals who are-- 7i7 dislocated workers 7particularly workers dislocated from the offshore oil and gas1 onshore fossil fuel1 nuclear energy1 or fishing industries72 7ii7 veterans1 members of the reserve components of the ,armed ,forces1 or former members of such reserve components2 7iii7 unemployed1 underemployed1 or disconnected2 7iv7 individuals with barriers to employment2 7v7 in-school and out-of-school youth2 or 7vi7 formerly incarcerated1 adjudicated1 nonviolent offenders2 7,e7 an eligible entity that proposes to serve a high percentage or number of low-income or minority students2 or 7,f7 demonstration of or established plans for the eligible entity to be included on the list of eligible providers of training services described in section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d774 7#c7 ,geographic distribution ,the ,secretary shall1 to the extent practicable1 award grants under this section in a manner that provides for a reasonable geographic distribution1 except that the ,secretary shall not be required to award grants equally among different regions of the ,united ,states4 7g7 ,matching requirements ,a grant awarded under this section may not be used to satisfy any non-,federal funds matching requirement under any other provision of law4 7h7 ,grantee data collection 7#a7 ,in general ,a grantee1 with respect to the educational or career training program for which the grantee received a grant under this section1 shall collect and report to the ,secretary on an annual basis the following3 7,a7 ,the number of participants enrolled in the educational or career training program4 7,b7 ,the number of participants that have completed the educational or career training programing the last #ab months4 7,c7 ,the services received by such participants1 including a description of training1 education1 and supportive services4 7,d7 ,the amount spent by the grantee per participant4 7,e7 ,the percentage of job placement of participants in the offshore wind industry or related fields4 7,f7 ,the percentage of employment retention-- 7i7 if the eligible entity is not an institution of higher education1 #a year after completion of the educational or career training program2 or 7ii7 if the eligible entity is an institution of higher education1 #a year after completion of the educational or career training program or #a year after the participant is no longer enrolled in such institution of higher education1 whichever is later4 7,g7 ,the percentage of program participants who obtain a recognized postsecondary credential1 or a secondary school diploma or its recognized equivalent during participation in or within #a year after exit from the program4 7#b7 ,disaggregation of data ,the data collected and reported under this subsection shall be disaggregated by each population specified in section #c7bd7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7bd77 and by race1 ethnicity1 sex1 and age4 7#c7 ,assistance from secretary ,the ,secretary shall assist grantees in the collection of data under this subsection by making available1 where practicable1 low-cost means of tracking the labor market outcomes of participants 7including through coordination with the ,secretary of ,labor7 and by providing standardized reporting forms1 where appropriate4 ,the ,secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants4 7j7 ,guidelines ,not later than #ij days after the date of the enactment of this section1 the ,secretary shall-- 7#a7 promulgate guidelines for the submission of grant proposals2 and 7#b7 publish and maintain such guidelines on a public website of the ,secretary4 7k7 ,reporting requirement ,not later than #ah months after the date of the enactment of this section1 and every #b years thereafter1 the ,secretary shall submit a report to the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate on the grant program established by this section4 ,the report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section4 7l7 ,authorization of appropriations ,there are authorized to be appropriated for purposes of this section #be1jjj1jjj for each of fiscal years #bjbj through #bjbd4 ,the ,secretary may use not more than #b percent of the amount appropriated for each fiscal year for administrative expenses1 including the expenses of providing the technical assistance and oversight activities4 7m7 ,definitions ,in this section3 7#a7 ,apprenticeship1 apprenticeship program ,the term apprenticeship or apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 including any requirement1 standard1 or rule promulgated under such ,act1 as such requirement1 standard1 or rule was in effect on ,december #cj1 #bjai4 ,any funds made available under this ,act that are used to fund an apprenticeship or apprenticeship program shall only be used for1 or provided to1 an apprenticeship or apprenticeship program that meets this definition1 including any funds awarded for the purposes of grants1 contracts1 or cooperative agreements1 or the development1 implementation1 or administration1 of an apprenticeship or an apprenticeship program4 7#b7 ,community college ,the term community college has the meaning given the term junior or community college in section #cab7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;f774 7#c7 ,eligible entity ,the term eligible entity means an entity that is-- 7,a7 an institution of higher education1 as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 or 7,b7 a labor organization or a joint labor management organization4 7#d7 ,grantee ,the term grantee means an eligible entity that has received a grant under this section4 7#e7 ,lead applicant ,the term lead applicant means the eligible entity that is primarily responsible for the preparation1 conduct1 and administration of the project for which the grant was awarded4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 in consultation with the ,secretary of ,energy1 the ,secretary of ,education1 and the ,secretary of ,labor4 7#g7 ,carl d4 perkins career and technical education act terms ,the terms area career and technical education school1 qualified intermediary1 ,tribal educational agency1 and work-based learning have the meanings given the terms in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#h7 ,workforce innovation and opportunity act terms ,the terms career pathway1 dislocated worker1 ,english language acquisition1 in-school youth1 individuals with barriers to employment1 industry or sector partnership1 on-the-job training1 out-of-school youth1 recognized postsecondary credential1 supportive services1 have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 4 ,f ,community ,reclamation ,partnerships #hdfja4 ,reference ,except as otherwise specifically provided1 whenever in this subtitle an amendment is expressed in terms of an amendment to a provision1 the reference shall be considered to be made to a provision of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq474 #hdfjb4 ,state memoranda of understanding for certain remediation 7a7 ,memoranda authorized ,section #dje 7#cj ,u4,s4,c4 #abce7 is amended by inserting after subsection 7l7 the following3 7m7 ,state memoranda of understanding for remediation of mine drainage 7#a7 ,in general ,a ,state with a ,state program approved under subsection 7d7 may enter into a memorandum of understanding with relevant ,federal or ,state agencies 7or both7 to remediate mine drainage on abandoned mine land and water impacted by abandoned mines within the ,state4 ,the memorandum may be updated as necessary and resubmitted for approval under this subsection4 7#b7 ,memoranda requirements ,such memorandum shall establish a strategy satisfactory to the ,state and ,federal agencies that are parties to the memorandum1 to address water pollution resulting from mine drainage at sites eligible for reclamation and mine drainage abatement expenditures under section #djd1 including specific procedures for-- 7,a7 ensuring that activities carried out to address mine drainage will result in improved water quality2 7,b7 monitoring1 sampling1 and the reporting of collected information as necessary to achieve the condition required under subparagraph 7,a72 7,c7 operation and maintenance of treatment systems as necessary to achieve the condition required under subparagraph 7,a72 and 7,d7 other purposes1 as considered necessary by the ,state or ,federal agencies1 to achieve the condition required under subparagraph 7,a74 7#c7 ,public review and comment 7,a7 ,in general ,before submitting a memorandum to the ,secretary and the ,administrator for approval1 a ,state shall-- 7i7 invite interested members of the public to comment on the memorandum2 and 7ii7 hold at least one public meeting concerning the memorandum in a location or locations reasonably accessible to persons who may be affected by implementation of the memorandum4 7,b7 ,notice of meeting ,the ,state shall publish notice of each meeting not less than #ae days before the date of the meeting1 in local newspapers of general circulation1 on the ,internet1 and by any other means considered necessary or desirable by the ,secretary and the ,administrator4 7#d7 ,submission and approval ,the ,state shall submit the memorandum to the ,secretary and the ,administrator of the ,environmental ,protection ,agency for approval4 ,the ,secretary and the ,administrator shall approve or disapprove the memorandum within #abj days after the date of its submission if the ,secretary and ,administrator find that the memorandum will facilitate additional activities under the ,state ,reclamation ,plan under subsection 7e7 that improve water quality4 7#e7 ,treatment as part of ,state plan ,a memorandum of a ,state that is approved by the ,secretary and the ,administrator under this subsection shall be considered part of the approved abandoned mine reclamation plan of the ,state4 7n7 ,community ,reclaimer partnerships 7#a7 ,project ,approval ,within #abj days after receiving such a submission1 the ,secretary shall approve a ,community ,reclaimer project to remediate abandoned mine lands if the ,secretary finds that-- 7,a7 the proposed project will be conducted by a ,community ,reclaimer as defined in this subsection or approved subcontractors of the ,community ,reclaimer2 7,b7 for any proposed project that remediates mine drainage1 the proposed project is consistent with an approved ,state memorandum of understanding under subsection 7m72 7,c7 the proposed project will be conducted on a site or sites inventoried under section #djc7;c72 7,d7 the proposed project meets all submission criteria under paragraph 7#b72 7,e7 the relevant ,state has entered into an agreement with the ,community ,reclaimer under which the ,state shall assume all responsibility with respect to the project for any costs or damages resulting from any action or inaction on the part of the ,community ,reclaimer in carrying out the project1 except for costs or damages resulting from gross negligence or intentional misconduct by the ,community ,reclaimer1 on behalf of-- 7i7 the ,community ,reclaimer2 and 7ii7 the owner of the proposed project site1 if such ,community ,reclaimer or owner1 respectively1 did not participate in any way in the creation of site conditions at the proposed project site or activities that caused any lands or waters to become eligible for reclamation or drainage abatement expenditures under section #djd2 7,f7 the ,state has the necessary legal authority to conduct the project and will obtain all legally required authorizations1 permits1 licenses1 and other approvals to ensure completion of the project2 7,g7 the ,state has sufficient financial resources to ensure completion of the project1 including any necessary operation and maintenance costs 7including costs associated with emergency actions covered by a contingency plan under paragraph 7#b77,k772 and 7,h7 the proposed project is not in a category of projects that would require a permit under title ,v4 7#b7 ,project submission ,the ,state shall submit a request for approval to the ,secretary that shall include-- 7,a7 a description of the proposed project1 including any engineering plans that must bear the seal of a professional engineer2 7,b7 a description of the proposed project site or sites1 including1 if relevant1 the nature and extent of pollution resulting from mine drainage2 7,c7 identification of the past and current owners and operators of the proposed project site2 7,d7 the agreement or contract between the relevant ,state and the ,community ,reclaimer to carry out the project2 7,e7 a determination that the project will facilitate the activities of the ,state reclamation plan under subsection 7e72 7,f7 sufficient information to determine whether the ,community ,reclaimer has the technical capability and expertise to successfully conduct the proposed project2 7,g7 a cost estimate for the project and evidence that the ,community ,reclaimer has sufficient financial resources to ensure the successful completion of the proposed project 7including any operation or maintenance costs72 7,h7 a schedule for completion of the project2 7,i7 an agreement between the ,community ,reclaimer and the current owner of the site governing access to the site2 7,j7 sufficient information to ensure that the ,community ,reclaimer meets the definition under paragraph 7#c72 7,k7 a contingency plan designed to be used in response to unplanned adverse events that includes emergency actions1 response1 and notifications2 and 7,l7 a requirement that the ,state provide notice to adjacent and downstream landowners and the public and hold a public meeting near the proposed project site before the project is initiated4 7#c7 ,community ,reclaimer defined ,for purposes of this section1 the term ,community ,reclaimer means any person who-- 7,a7 seeks to voluntarily assist a ,state with a reclamation project under this section2 7,b7 did not participate in any way in the creation of site conditions at the proposed project site or activities that caused any lands or waters to become eligible for reclamation or drainage abatement expenditures under section #djd2 7,c7 is not a past or current owner or operator of any site with ongoing reclamation obligations2 and 7,d7 is not subject to outstanding violations listed pursuant to section #eaj7;c74 4 #hdfjc4 ,clarifying ,state liability for mine drainage projects ,section #dac7;d7 7#cj ,u4,s4,c4 #abdb7;d77 is amended in the second sentence by inserting unless such control or treatment will be conducted in accordance with a ,state memorandum of understanding approved under section #dje7m7 of this ,act after ,control ,act the second place it appears4 #hdfjd4 ,conforming amendments ,section #dje7;f7 7#cj ,u4,s4,c4 #abce7;f77 is amended-- 7#a7 by striking the and after the semicolon in paragraph 7#f72 7#b7 by striking the period at the end of paragraph 7#g7 and inserting 2 and2 and 7#c7 by inserting at the end the following3 7#h7 a list of projects proposed under subsection 7n74 4 ,g ,sinkhole hazard identification #hdgja4 ,sinkhole hazard identification 7a7 ,program ,the ,director of the ,united ,states ,geological ,survey shall establish a program to-- 7#a7 study the short-term and long-term mechanisms that cause sinkholes1 including extreme storm events1 prolonged droughts causing shifts in water management practices1 aquifer depletion1 and other major changes in water use2 and 7#b7 develop maps that depict zones that are at greater risk of sinkhole formation4 7b7 ,review of maps ,once during each #e-year period1 or more often as the ,director of the ,united ,states ,geological ,survey determines is necessary1 the ,director shall assess the need to revise and update the maps developed under this section4 7c7 ,website ,the ,director of the ,united ,states ,geological ,survey shall establish and maintain a public website that displays the maps developed under this section and other relevant information critical for use by community planners and emergency managers4 ,v ,labor ,standards #heaja4 ,labor ,standards ,except as otherwise provided in this ,act or the amendments made by this ,act1 and in a manner consistent with this ,act or the amendments made by this ,act1 all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by or through the ,federal ,government pursuant to any provision of this division 7or an amendment made by such a provision7 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 accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code1 and with respect to the labor standards specified in this section the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 ,m ,revenue provisions #ijjja4 ,short title2 etc 7a7 ,short title ,this division may be cited as the ,renewable ,energy1 ,efficiency1 and ,infrastructure ,tax ,act of #bjbj4 7b7 ,table of contents ,the table of contents of this division is as follows3 ,division ,m--,revenue ,provisions ,sec4 #ijjja4 ,short title2 etc4 ,title ,i--,infrastructure financing ,subtitle ,a--,bond financing enhancements ,sec4 #ijaja4 ,credit to issuer for certain infrastructure bonds4 ,sec4 #ijajb4 ,advance refunding bonds4 ,sec4 #ijajc4 ,permanent modification of small issuer exception to tax-exempt interest expense allocation rules for financial institutions4 ,sec4 #ijajd4 ,volume cap on private activity bonds4 ,sec4 #ijaje4 ,modifications to qualified small issue bonds4 ,sec4 #ijajf4 ,expansion of certain exceptions to the private activity bond rules for first-time farmers4 ,sec4 #ijajg4 ,exempt facility bonds for zero-emission vehicle infrastructure4 ,sec4 #ijajh4 ,certain water and sewage facility bonds exempt from volume cap on private activity bonds4 ,sec4 #ijaji4 ,qualified highway or surface freight transfer facility bonds4 ,sec4 #ijaaj4 ,application of ,davis-,bacon ,act requirements with respect to certain exempt facility bonds4 ,subtitle ,b--,school infrastructure bonds ,sec4 #ijaaa4 ,restoration of certain qualified tax credit bonds4 ,sec4 #ijaab4 ,school infrastructure bonds4 ,sec4 #ijaac4 ,annual report on bond program4 ,sec4 #ijaad4 ,examining loan modifications to the ,,hbcu ,capital ,financing ,program4 ,subtitle ,c--,other provisions related to infrastructure financing ,sec4 #ijaba4 ,credit for operations and maintenance costs of government-owned broadband4 ,sec4 #ijabb4 ,treatment of financial guaranty insurance companies as qualifying insurance corporations under passive foreign investment company rules4 ,sec4 #ijabc4 ,infrastructure grants to improve child care safety4 ,title ,,ii--,new ,markets ,tax ,credit ,sec4 #ijbja4 ,improvement and permanent extension of new markets tax credit4 ,title ,,iii--,rehabilitation tax credit ,sec4 #ijcja4 ,increase in rehabilitation credit4 ,sec4 #ijcjb4 ,increase in the rehabilitation credit for certain small projects4 ,sec4 #ijcjc4 ,modification of definition of substantially rehabilitated4 ,sec4 #ijcjd4 ,temporary extension of period for completing rehabilitation4 ,sec4 #ijcje4 ,elimination of rehabilitation credit basis adjustment4 ,sec4 #ijcjf4 ,modifications regarding certain tax-exempt use property4 ,sec4 #ijcjg4 ,qualification of rehabilitation expenditures for public school buildings for rehabilitation credit4 ,title ,,iv--,green energy ,sec4 #ijdjj4 ,short title4 ,subtitle ,a--,renewable ,electricity and ,reducing ,carbon ,emissions ,sec4 #ijdja4 ,extension of credit for electricity produced from certain renewable resources4 ,sec4 #ijdjb4 ,extension and modification of energy credit4 ,sec4 #ijdjc4 ,extension of credit for carbon oxide sequestration4 ,sec4 #ijdjd4 ,elective payment for energy property and electricity produced from certain renewable resources1 etc4 ,sec4 #ijdje4 ,extension of energy credit for offshore wind facilities4 ,sec4 #ijdjf4 ,green energy publicly traded partnerships4 ,subtitle ,b--,renewable ,fuels ,sec4 #ijdaa4 ,biodiesel and renewable diesel4 ,sec4 #ijdab4 ,extension of excise tax credits relating to alternative fuels4 ,sec4 #ijdac4 ,extension of second generation biofuel incentives4 ,subtitle ,c--,green ,energy and ,efficiency ,incentives for ,individuals ,sec4 #ijdba4 ,extension1 increase1 and modifications of nonbusiness energy property credit4 ,sec4 #ijdbb4 ,residential energy efficient property4 ,sec4 #ijdbc4 ,energy efficient commercial buildings deduction4 ,sec4 #ijdbd4 ,extension1 increase1 and modifications of new energy efficient home credit4 ,sec4 #ijdbe4 ,modifications to income exclusion for conservation subsidies4 ,subtitle ,d--,greening the ,fleet and ,alternative ,vehicles ,sec4 #ijdca4 ,modification of limitations on new qualified plug-in electric drive motor vehicle credit4 ,sec4 #ijdcb4 ,credit for previously-owned qualified plug-in electric drive motor vehicles4 ,sec4 #ijdcc4 ,credit for zero-emission heavy vehicles and zero-emission buses4 ,sec4 #ijdcd4 ,qualified fuel cell motor vehicles4 ,sec4 #ijdce4 ,alternative fuel refueling property credit4 ,sec4 #ijdcf4 ,modification of employer-provided fringe benefits for bicycle commuting4 ,subtitle ,e--,investment in the ,green ,workforce ,sec4 #ijdda4 ,extension of the advanced energy project credit4 ,sec4 #ijddb4 ,labor costs of installing mechanical insulation property4 ,sec4 #ijddc4 ,labor standards for certain energy jobs4 ,subtitle ,f--,environmental ,justice ,sec4 #ijdea4 ,qualified environmental justice program credit4 ,subtitle ,g--,treasury report on data from the ,greenhouse ,gas ,reporting ,program ,sec4 #ijdfa4 ,report on ,greenhouse ,gas ,reporting ,program4 ,title ,v--,disaster and resiliency ,sec4 #ijeja4 ,exclusion of amounts received from state-based catastrophe loss mitigation programs4 ,sec4 #ijejb4 ,repeal of temporary limitation on personal casualty losses4 ,title ,,vi--,housing ,subtitle ,a--,low-,income ,housing ,tax ,credit ,improvements ,sec4 #ijfja4 ,extension of period for rehabilitation expenditures4 ,sec4 #ijfjb4 ,extension of basis expenditure deadline4 ,sec4 #ijfjc4 ,tax-exempt bond financing requirement4 ,sec4 #ijfjd4 ,minimum credit rate4 ,sec4 #ijfje4 ,increases in ,state allocations4 ,sec4 #ijfjf4 ,increase in credit for certain projects designated to serve extremely low-income households4 ,sec4 #ijfjg4 ,inclusion of ,indian areas as difficult development areas for purposes of certain buildings4 ,sec4 #ijfjh4 ,inclusion of rural areas as difficult development areas4 ,sec4 #ijfji4 ,increase in credit for bond-financed projects designated by housing credit agency4 ,sec4 #ijfaj4 ,repeal of qualified contract option4 ,sec4 #ijfaa4 ,prohibition of local approval and contribution requirements4 ,sec4 #ijfab4 ,adjustment of credit to provide relief during ,,covid-#ai outbreak4 ,sec4 #ijfac4 ,credit for low-income housing supportive services4 ,subtitle ,b--,neighborhood ,homes ,credit ,sec4 #ijfba4 ,neighborhood homes credit4 ,title ,,vii--,tribal development ,sec4 #ijgja4 ,treatment of ,indian ,tribes as ,states with respect to bond issuance4 ,sec4 #ijgjb4 ,treatment of ,tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors4 ,sec4 #ijgjc4 ,new markets tax credit4 ,title ,,viii--,highway trust fund and related taxes ,sec4 #ijhja4 ,extension of ,highway ,trust ,fund expenditure authority4 ,sec4 #ijhjb4 ,extension of highway-related taxes4 ,sec4 #ijhjc4 ,additional transfers to ,highway ,trust ,fund4 7c7 ,amendment of #aihf code ,except as otherwise expressly provided1 whenever in this division an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 ,i ,infrastructure financing ,a ,bond financing enhancements #ijaja4 ,credit to issuer for certain infrastructure bonds 7a7 ,in general ,subchapter ,b of chapter #fe is amended by adding at the end the following new section3 #fdca;,a4 ,credit allowed to issuer for qualified infrastructure bonds 7a7 ,in general ,in the case of a qualified infrastructure bond1 the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the ,secretary as provided in subsection 7b74 7b7 ,payment of credit 7#a7 ,in general ,the ,secretary shall pay 7contemporaneously with each date on which interest is so payable7 to the issuer of such bond 7or to any person who makes such interest payments on behalf of such issuer7 an amount equal to the applicable percentage of such interest so payable4 7#b7 ,applicable percentage ,for purposes of this subsection1 except as provided in subsection 7d71 the applicable percentage with respect to any bond shall be determined under the following table3 ,in the case of a bond issued during calendar year3,the applicable percentage is3 #bjbj through #bjbddb #bjbech #bjbfcd #bjbg and thereafter#cj 7#c7 ,limitation 7,a7 ,in general ,the amount of any interest payment taken into account under paragraph 7#a7 with respect to a bond for any payment date shall not exceed the amount of interest which would have been payable under such bond on such date if such interest were determined at the rate which the ,secretary estimates will permit the issuance of qualified infrastructure bonds with a specified maturity or redemption date without discount and without additional interest cost4 7,b7 ,date of rate determination with respect to bond ,such rate with respect to any qualified infrastructure bond shall be determined as of the first day on which there is a binding1 written contract for the sale or exchange of the bond4 7c7 ,qualified infrastructure bond 7#a7 ,in general ,for purposes of this section1 the term qualified infrastructure bond means any bond 7other than a private activity bond7 issued as part of an issue if-- 7,a7 #ajj percent of the available project proceeds of such issue are to be used for capital expenditures or operations and maintenance expenditures in connection with property the acquisition1 construction1 or improvement of which would be a capital expenditure1 7,b7 the interest on such bond would 7but for this section7 be excludable from gross income under section #ajc1 7,c7 the issue price has not more than a de minimis amount 7determined under rules similar to the rules of section #abgc7;a77#c77 of premium over the stated principal amount of the bond1 and 7,d7 prior to the issuance of such bond1 the issuer makes an irrevocable election to have this section apply4 7#b7 ,applicable rules ,for purposes of applying paragraph 7#a7-- 7,a7 ,not treated as federally guaranteed ,for purposes of section #adi7;b71 a qualified infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under this section4 7,b7 ,application of arbitrage rules ,for purposes of section #adh1 the yield on a qualified infrastructure bond shall be reduced by the credit allowed under this section4 7d7 ,definition and special rules ,for purposes of this section-- 7#a7 ,interest includible in gross income ,for purposes of this title1 interest on any qualified infrastructure bond shall be includible in gross income4 7#b7 ,available project proceeds ,the term available project proceeds means-- 7,a7 the excess of-- 7i7 the proceeds from the sale of an issue1 over 7ii7 the sum of-- 7,i7 issuance costs financed by the issue 7the extent that such costs do not exceed #b percent of such proceeds71 and 7,,ii7 amounts in a reasonably required reserve 7within the meaning of section #aej7;a77#c77 with respect to such issue71 and 7,b7 the proceeds from any investment of the excess described in clause 7i74 7#c7 ,current refundings allowed 7,a7 ,in general ,in the case of a bond issued to refund a qualified infrastructure bond1 such refunding bond shall be treated as a qualified infrastructure bond for purposes of this section if-- 7i7 the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue1 7ii7 the amount of the refunding bond does not exceed the outstanding amount of the refunded bond1 7iii7 the refunded bond is redeemed not later than #ij days after the date of the issuance of the refunding bond1 and 7iv7 the refunded bond was issued more than #cj days after the date of the enactment of this section4 7,b7 ,applicable percentage limitation ,the applicable percentage with respect to any bond to which subparagraph 7,a7 applies shall be #cj percent4 7,c7 ,determination of average maturity ,for purposes of subparagraph 7,a77i71 average maturity shall be determined in accordance with section #adg7;b77#b77;,a74 7,d7 ,application of ,davis-,bacon ,act requirements with respect to qualified infrastructure bonds ,subchapter ,,iv of chapter #ca of the title #dj1 ,united ,states ,code1 shall apply to projects financed with the proceeds of qualified infrastructure bonds4 7e7 ,regulations ,the ,secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section4 4 7b7 ,payments made under section #fdca;,a of the ,internal ,revenue ,code of #aihf ,section #bee7;g77#a77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ije7;g77#a77;,a77 is amended by inserting3 ,payments made under section #fdca;,a of the ,internal ,revenue ,code of #aihf after the item related to ,payment to ,radiation ,exposure ,compensation ,trust ,fund4 7c7 ,conforming amendments 7#a7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by striking or #fdca and inserting #fdca1 or #fdca;,a4 7#b7 ,the table of sections for subchapter ,b of chapter #fe is amended by adding at the end the following new item3 ,sec4 #fdca;,a4 ,credit allowed to issuer for qualified infrastructure bonds4 4 7d7 ,effective date ,the amendments made by this section shall apply to bonds issued more than #cj days after the date of the enactment of this ,act4 #ijajb4 ,advance refunding bonds 7a7 ,in general ,section #adi7;d7 is amended-- 7#a7 by striking to advance refund another bond4 in paragraph 7#a7 and inserting as part of an issue described in paragraph 7#b71 7#c71 or 7#d741 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#e7 and 7#g71 respectively1 7#c7 by inserting after paragraph 7#a7 the following new paragraphs3 7#b7 ,certain private activity bonds ,an issue is described in this paragraph if any bond 7issued as part of such issue7 is issued to advance refund a private activity bond 7other than a qualified #eja7;c77#c7 bond74 7#c7 ,other bonds 7,a7 ,in general ,an issue is described in this paragraph if any bond 7issued as part of such issue71 hereinafter in this paragraph referred to as the refunding bond1 is issued to advance refund a bond unless-- 7i7 the refunding bond is only-- 7,i7 the first advance refunding of the original bond if the original bond is issued after #aihe1 or 7,,ii7 the first or second advance refunding of the original bond if the original bond was issued before #aihf1 7ii7 in the case of refunded bonds issued before #aihf1 the refunded bond is redeemed not later than the earliest date on which such bond may be redeemed at par or at a premium of #c percent or less1 7iii7 in the case of refunded bonds issued after #aihe1 the refunded bond is redeemed not later than the earliest date on which such bond may be redeemed1 7iv7 the initial temporary period under section #adh7;c7 ends-- 7,i7 with respect to the proceeds of the refunding bond not later than #cj days after the date of issue of such bond1 and 7,,ii7 with respect to the proceeds of the refunded bond on the date of issue of the refunding bond1 and 7v7 in the case of refunded bonds to which section #adh7;e7 did not apply1 on and after the date of issue of the refunding bond1 the amount of proceeds of the refunded bond invested in higher yielding investments 7as defined in section #adh7;b77 which are nonpurpose investments 7as defined in section #adh7;f77#f77;,a77 does not exceed-- 7,i7 the amount so invested as part of a reasonably required reserve or replacement fund or during an allowable temporary period1 and 7,,ii7 the amount which is equal to the lesser of #e percent of the proceeds of the issue of which the refunded bond is a part or #ajj1jjj 7to the extent such amount is allocable to the refunded bond74 7,b7 ,special rules for redemptions 7i7 ,issuer must redeem only if debt service savings ,clause 7ii7 and 7iii7 of subparagraph 7,a7 shall apply only if the issuer may realize present value debt service savings 7determined without regard to administrative expenses7 in connection with the issue of which the refunding bond is a part4 7ii7 ,redemptions not required before #ijth day ,for purposes of clauses 7ii7 and 7iii7 of subparagraph 7,a71 the earliest date referred to in such clauses shall not be earlier than the #ijth day after the date of issuance of the refunding bond4 7#d7 ,abusive transactions prohibited ,an issue is described in this paragraph if any bond 7issued as part of such issue7 is issued to advance refund another bond and a device is employed in connection with the issuance of such issue to obtain a material financial advantage 7based on arbitrage7 apart from savings attributable to lower interest rates4 1 and 7#d7 by inserting after paragraph 7#e7 7as so redesignated7 the following new paragraph3 7#f7 ,special rules for purposes of paragraph 7#c7 ,for purposes of paragraph 7#c71 bonds issued before ,october #bb1 #aihf1 shall be taken into account under subparagraph 7,a77i7 thereof except-- 7,a7 a refunding which occurred before #aihf shall be treated as an advance refunding only if the refunding bond was issued more than #ahj days before the redemption of the refunded bond1 and 7,b7 a bond issued before #aihf1 shall be treated as advance refunded no more than once before ,march #ae1 #aihf4 4 7b7 ,conforming amendment ,section #adh7;f77#d77;,c7 is amended by redesignating clauses 7xiv7 through 7xvi7 as clauses 7xv7 to 7xvii71 respectively1 and by inserting after clause 7xiii7 the following new clause3 7xiv7 ,determination of initial temporary period ,for purposes of this subparagraph1 the end of the initial section temporary period shall be determined without regard to section #adi7;d77#c77;,a77iv74 4 7c7 ,effective date ,the amendments made by this section shall apply to advance refunding bonds issued more than #cj days after the date of the enactment of this ,act4 #ijajc4 ,permanent modification of small issuer exception to tax-exempt interest expense allocation rules for financial institutions 7a7 ,permanent increase in limitation ,subparagraphs 7,c77i71 7,d77i71 and 7,d77iii77,,ii7 of section #bfe7;b77#c7 are each amended by striking #aj1jjj1jjj and inserting #cj1jjj1jjj4 7b7 ,permanent modification of other special rules ,section #bfe7;b77#c7 is amended-- 7#a7 by redesignating clauses 7iv71 7v71 and 7vi7 of subparagraph 7,g7 as clauses 7ii71 7iii71 and 7iv71 respectively1 and moving such clauses to the end of subparagraph 7,h7 7as added by paragraph 7#b771 and 7#b7 by striking so much of subparagraph 7,g7 as precedes such clauses and inserting the following3 7,g7 ,qualified #eja7;c77#c7 bonds treated as issued by exempt organization ,in the case of a qualified #eja7;c77#c7 bond 7as defined in section #ade71 this paragraph shall be applied by treating the #eja7;c77#c7 organization for whose benefit such bond was issued as the issuer4 7,h7 ,special rule for qualified financings 7i7 ,in general ,in the case of a qualified financing issue-- 7,i7 subparagraph 7,f7 shall not apply1 and 7,,ii7 any obligation issued as a part of such issue shall be treated as a qualified tax-exempt obligation if the requirements of this paragraph are met with respect to each qualified portion of the issue 7determined by treating each qualified portion as a separate issue which is issued by the qualified borrower with respect to which such portion relates74 4 7c7 ,inflation adjustment ,section #bfe7;b77#c71 as amended by subsection 7b71 is amended by adding at the end the following new subparagraph3 7,i7 ,inflation adjustment ,in the case of any calendar year after #bjbj1 the #cj1jjj1jjj amounts contained in subparagraphs 7,c77i71 7,d77i71 and 7,d77iii77,,ii7 shall each be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for such calendar year1 determined by substituting calendar year #bjai for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,any increase determined under the preceding sentence shall be rounded to the nearest multiple of #ajj1jjj4 4 7d7 ,effective date ,the amendments made by this section shall apply to obligations issued after the date of the enactment of this ,act4 #ijajd4 ,volume cap on private activity bonds 7a7 ,in general ,section #adf7;d77#a7 is amended-- 7#a7 by striking #ge 7#fb4ej in the case of calendar year #bjja7 and inserting #aae1 and 7#b7 by striking #bbe1jjj1jjj 7#ahg1ejj1jjj in the case of calendar year #bjja7 and inserting #cec1gge1jjj4 7b7 ,inflation adjustment ,section #adf7;d77#b7 is amended-- 7#a7 by striking #bjjb and inserting #bjbj1 and 7#b7 by striking #bjja in subparagraph 7,b7 and inserting #bjai4 7c7 ,effective date ,the amendments made by this section shall apply to calendar years after #bjbj4 #ijaje4 ,modifications to qualified small issue bonds 7a7 ,manufacturing ,facilities ,to ,include ,production of ,intangible ,property and ,functionally ,related ,facilities ,subparagraph 7,c7 of section #add7;a77#ab7 is amended to read as follows3 7,c7 ,manufacturing facility ,for purposes of this paragraph-- 7i7 ,in general ,the term manufacturing facility means any facility which-- 7,i7 is used in the manufacturing or production of tangible personal property 7including the processing resulting in a change in the condition of such property71 7,,ii7 is used in the creation or production of intangible property which is described in section #aig7;d77#a77;,c77iii71 or 7,,iii7 is functionally related and subordinate to a facility described in subclause 7,i7 or 7,,ii7 if such facility is located on the same site as the facility described in subclause 7,i7 or 7,,ii74 7ii7 ,certain facilities included ,the term manufacturing facility includes facilities that are directly related and ancillary to a manufacturing facility 7determined without regard to this clause7 if-- 7,i7 those facilities are located on the same site as the manufacturing facility1 and 7,,ii7 not more than #be percent of the net proceeds of the issue are used to provide those facilities4 7iii7 ,limitation on office space ,a rule similar to the rule of section #adb7;b77#b7 shall apply for purposes of clause 7i74 7iv7 ,limitation on refundings for certain property ,subclauses 7,,ii7 and 7,,iii7 of clause 7i7 shall not apply to any bond issued on or before the date of the enactment of the ,renewable ,energy1 ,efficiency1 and ,infrastructure ,tax ,act of #bjbj1 or to any bond issued to refund a bond issued on or before such date 7other than a bond to which clause 7iii7 of this subparagraph 7as in effect before the date of the enactment of the ,renewable ,energy1 ,efficiency1 and ,infrastructure ,tax ,act of #bjbj7 applies71 either directly or in a series of refundings4 4 7b7 ,increase in limitations ,section #add7;a77#d7 is amended-- 7#a7 in subparagraph 7,a77i71 by striking #aj1jjj1jjj and inserting #cj1jjj1jjj1 and 7#b7 in the heading1 by striking #aj1jjj1jjj and inserting #cj1jjj1jjj4 7c7 ,adjustment for inflation ,section #add7;a77#d7 is amended by adding at the end the following new subparagraph3 7,h7 ,adjustment for inflation ,in the case of any calendar year after #bjbj1 the #cj1jjj1jjj amount in subparagraph 7,a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year1 determined by substituting calendar year #bjai for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,if any amount as increased under the preceding sentence is not a multiple of #ajj1jjj1 such amount shall be rounded to the nearest multiple of #ajj1jjj4 4 7d7 ,effective date ,the amendments made by this section shall apply to obligations issued after the date of the enactment of this ,act4 #ijajf4 ,expansion of certain exceptions to the private activity bond rules for first-time farmers 7a7 ,increase in dollar limitation 7#a7 ,in general ,section #adg7;c77#b77;,a7 is amended by striking #dej1jjj and inserting #eeb1ejj4 7#b7 ,repeal of separate lower dollar limitation on used farm equipment ,section #adg7;c77#b7 is amended by striking subparagraph 7,f7 and by redesignating subparagraphs 7,g7 and 7,h7 as subparagraphs 7,f7 and 7,g71 respectively4 7#c7 ,qualified small issue bond limitation conformed to increased dollar limitation ,section #add7;a77#aa77;,a7 is amended by striking #bej1jjj and inserting #eeb1ejj4 7#d7 ,inflation adjustment 7,a7 ,in general ,section #adg7;c77#b77;,g71 as redesignated by paragraph 7#b71 is amended-- 7i7 by striking after #bjjh1 the dollar amount in subparagraph 7,a7 shall be increased and inserting after #bjbj1 the dollar amounts in subparagraph 7,a7 and section #add7;a77#aa77;,a7 shall each be increased1 and 7ii7 in clause 7ii71 by striking #bjjg and inserting #bjai4 7,b7 ,cross-reference ,section #add7;a77#aa7 is amended by adding at the end the following new subparagraph3 7,d7 ,inflation adjustment ,for inflation adjustment of dollar amount contained in subparagraph 7,a71 see section #adg7;c77#b77;,g74 4 7b7 ,substantial farmland determined on basis of average rather than median farm size ,section #adg7;c77#b77;,e7 is amended by striking median and inserting average4 7c7 ,effective date ,the amendments made by this section shall apply to bonds issued after the date of the enactment of this ,act4 #ijajg4 ,exempt facility bonds for zero-emission vehicle infrastructure 7a7 ,in general ,section #adb is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ad71 by striking or at the end1 7,b7 in paragraph 7#ae71 by striking the period at the end and inserting 1 or1 and 7,c7 by adding at the end the following new paragraph3 7#af7 zero-emission vehicle infrastructure4 1 and 7#b7 by adding at the end the following new subsection3 7n7 ,zero-,emission vehicle infrastructure 7#a7 ,in general ,for purposes of subsection 7a77#af71 the term zero-emission vehicle infrastructure means any property 7not including a building and its structural components7 if such property is part of a unit which-- 7,a7 is used to charge or fuel zero-emissions vehicles1 7,b7 is located where the vehicles are charged or fueled1 7,c7 is of a character subject to the allowance for depreciation 7or amortization in lieu of depreciation71 7,d7 is made available for use by members of the general public1 7,e7 accepts payment by use of a credit card reader1 and 7,f7 is capable of charging or fueling vehicles produced by more than one manufacturer 7within the meaning of section #cj;,d7d77#c774 7#b7 ,inclusion of utility service connections1 etc ,the term zero-emission vehicle infrastructure shall include any utility service connections1 utility panel upgrades1 line extensions and conduit1 transformer upgrades1 or similar property1 in connection with property meeting the requirements of paragraph 7#a74 7#c7 ,zero-emissions vehicle ,the term zero-emissions vehicle means-- 7,a7 a zero-emission vehicle as defined in section #hh4ajb-id of title #dj1 ,code of ,federal ,regulations1 or 7,b7 a vehicle that produces zero exhaust emissions of any criteria pollutant 7or precursor pollutant7 or greenhouse gas under any possible operational modes and conditions4 7#d7 ,zero-emissions vehicle infrastructure located within other facilities or projects ,for purposes of subsection 7a71 any zero-emission vehicle infrastructure located within-- 7,a7 a facility or project described in subsection 7a71 or 7,b7 an area adjacent to a facility or project described in subsection 7a7 that primarily serves vehicles traveling to or from such facility or project1 shall be treated as described in the paragraph in which such facility or project is described4 7#e7 ,exception for refueling property for fleet vehicles ,subparagraphs 7,d71 7,e71 and 7,f7 of paragraph 7#a7 shall not apply to property which is part of a unit which is used exclusively by fleets of commercial or governmental vehicles4 4 7b7 ,effective date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjbj4 #ijajh4 ,certain water and sewage facility bonds exempt from volume cap on private activity bonds 7a7 ,in general ,section #adf7;g7 is amended by striking and at the end of paragraph 7#c71 striking the period at the end of paragraph 7#d7 and inserting 1 and1 and inserting after paragraph 7#d7 the following new paragraph3 7#e7 any exempt facility bond issued as part of an issue described in paragraph 7#d7 or 7#e7 of section #adb7;a7 if #ie percent or more of the net proceeds of such issue are to be used to provide facilities which-- 7,a7 will be used-- 7i7 by a person who was1 as of ,july #a1 #bjbj1 engaged in operation of a facility described in such paragraph1 and 7ii7 to provide service within the area served by such person on such date 7or within a county or city any portion of which is within such area71 or 7,b7 will be used by a successor in interest to such person for the same use and within the same service area as described in subparagraph 7,a74 4 #ijaji4 ,qualified highway or surface freight transfer facility bonds 7a7 ,increase in limitation ,section #adb7m77#b77;,a7 is amended by striking #ae1jjj1jjj1jjj and inserting #ah1gej1jjj1jjj4 7b7 ,effective date ,the amendments made by this section shall apply to bonds issued after the date of the enactment of this ,act4 #ijaaj4 ,application of ,davis-,bacon ,act requirements with respect to certain exempt facility bonds 7a7 ,in general ,section #adb7;b7 is amended by adding at the end the following new paragraph3 7#c7 ,application of ,davis-,bacon ,act requirements with respect to certain exempt facility bonds ,if any proceeds of any issue are used for construction1 alteration1 or repair of any facility otherwise described in paragraph 7#d71 7#e71 7#ae71 or 7#af7 of subsection 7a71 such facility shall be treated for purposes of subsection 7a7 as described in such paragraph only if each entity that receives such proceeds to conduct such construction1 alteration1 or repair agrees to comply with the provisions of subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code with respect to such construction1 alteration1 or repair4 4 7b7 ,effective date ,the amendment made by this section shall apply to bonds issued after the date of the enactment of this ,act4 ,b ,school infrastructure bonds #ijaaa4 ,restoration of certain qualified tax credit bonds 7a7 ,allowance of credit 7#a7 ,in general ,section #ed;,a1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,credit limited to certain bonds ,section #ed;,a7d77#a71 as restored by paragraph 7#a71 is amended by striking subparagraphs 7,a71 7,b71 and 7,c74 7b7 ,credit allowed to issuer 7#a7 ,in general ,section #fdca1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,school infrastructure bonds ,section #fdca7;f77#c71 as restored by paragraph 7#a71 is amended by inserting any school infrastructure bond 7as defined in section #ed;,,bb7 or before any qualified tax credit bond4 7c7 ,qualified zone academy bonds 7#a7 ,in general ,section #ed;,e1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,removal of private business contribution requirement ,section #ed;,e1 as restored by paragraph 7#a71 is amended-- 7,a7 in subsection 7a77#c71 by inserting and at the end of subparagraph 7,a71 by striking subparagraph 7,b71 and by redesignating subparagraph 7,c7 as subparagraph 7,b72 7,b7 by striking subsection 7b72 and 7,c7 in subsection 7c77#a7-- 7i7 by striking and #djj1jjj1jjjj and inserting #djj1jjj1jjj2 and 7ii7 by striking and1 except as provided and all that follows through the period at the end and inserting 1 and #a1djj1jjj1jjj for #bjbj and each year thereafter44 7#c7 ,construction of a public school facility ,section #ed;,e7d77#c77;,a71 as restored by paragraph 7#a71 is amended by striking rehabilitating or repairing and inserting constructing1 rehabilitating1 retrofitting1 or repairing4 7d7 ,conforming amendments 7#a7 ,so much of subpart ,i of part ,,iv of subchapter ,a of chapter #a as precedes section #ed;,a1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,the table of sections for such subpart ,i1 as restored by paragraph 7#a71 is amended by striking the items relating to sections #ed;,b1 #ed;,c1 #ed;,d1 and #ed;,f4 7e7 ,effective date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjbj4 #ijaab4 ,school infrastructure bonds 7a7 ,in general ,part ,,iv of subchapter ,a of chapter #a is amended by inserting after subpart ,i 7as restored by section #ijaaa7 the following new subpart3 ,j ,school infrastructure bonds ,sec4 #ed;,,bb4 ,school infrastructure bonds4 #ed;,,bb4 ,school infrastructure bonds 7a7 ,in general ,if a taxpayer holds a school infrastructure bond on one or more interest payment dates of the bond during any taxable year1 there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection 7b7 with respect to such dates4 7b7 ,amount of credit ,the amount of the credit determined under this subsection with respect to any interest payment date for a school infrastructure bond is #ajj percent of the amount of interest payable by the issuer with respect to such date4 7c7 ,limitation based on amount of tax 7#a7 ,in general ,the credit allowed under subsection 7a7 for any taxable year shall not exceed the excess of-- 7,a7 the sum of the regular tax liability 7as defined in section #bf7;b77 plus the tax imposed by section #ee1 over 7,b7 the sum of the credits allowable under this part 7other than subpart ,c and this subpart74 7#b7 ,carryover of unused credit ,if the credit allowable under subsection 7a7 exceeds the limitation imposed by paragraph 7#a7 for such taxable year1 such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection 7a7 for such taxable year 7determined before the application of paragraph 7#a7 for such succeeding taxable year74 7d7 ,school infrastructure bond 7#a7 ,in general ,for purposes of this section1 the term school infrastructure bond means any bond issued as part of an issue if-- 7,a7 #ajj percent of the available project proceeds of such issue are to be used for the purposes described in section #gjaab of the ,moving ,forward ,act1 7,b7 the interest on such obligation would 7but for this section7 be excludable from gross income under section #ajc1 7,c7 the issue meets the requirements of paragraph 7#c71 and 7,d7 the issuer designates such bond for purposes of this section4 7#b7 ,applicable rules ,for purposes of applying paragraph 7#a7-- 7,a7 for purposes of section #adi7;b71 a school infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under section #fdca7;a71 7,b7 for purposes of section #adh1 the yield on a school infrastructure bond shall be determined without regard to the credit allowed under subsection 7a71 and 7,c7 a bond shall not be treated as a school infrastructure bond if the issue price has more than a de minimis amount 7determined under rules similar to the rules of section #abgc7;a77#c77 of premium over the stated principal amount of the bond4 7#c7 #f-year expenditure period 7,a7 ,in general ,an issue shall be treated as meeting the requirements of this paragraph if1 as of the date of issuance1 the issuer reasonably expects #ajj percent of the available project proceeds to be spent for purposes described in section #gjaab of the ,moving ,forward ,act within the #f-year period beginning on such date of issuance4 7,b7 ,failure to spend required amount of bond proceeds within #f years ,to the extent that less than #ajj percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph 7,a7 with respect to such issue1 the issuer shall redeem all of the nonqualified bonds within #ij days after the end of such period4 ,for purposes of this paragraph1 the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section #adb4 7e7 ,limitation on amount of bonds designated ,the maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection 7d7 by any issuer shall not exceed the limitation amount allocated under subsection 7g7 for such calendar year to such issuer4 7f7 ,national limitation on amount of bonds designated ,the national qualified school infrastructure bond limitation for each calendar year is-- 7#a7 #aj1jjj1jjj1jjj for #bjba1 7#b7 #aj1jjj1jjj1jjj for #bjbb1 and 7#c7 #aj1jjj1jjj1jjj for #bjbc4 7g7 ,allocation of limitation 7#a7 ,allocations 7,a7 ,states ,after application of subparagraph 7,b7 and paragraph 7#c77;,a71 the limitation applicable under subsection 7f7 for any calendar year shall be allocated by the ,secretary among the ,states in proportion to the respective amounts received by all local educational agencies in each ,state under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the previous fiscal year relative to the total such amount received by all local educational agencies in for the most recent fiscal year ending before such calendar year4 7,b7 ,certain possessions ,one-half of #a percent of the amount of the limitation applicable under subsection 7f7 for any calendar year shall be allocated by the ,secretary to possessions of the ,united ,states other than ,puerto ,rico for such calendar year4 7#b7 ,allocations to schools ,the limitation amount allocated to a ,state or possession under paragraph 7#a7 shall be allocated by the ,state educational agency 7or such other agency as is authorized under ,state law to make such allocation7 to issuers within such ,state or possession in accordance with the priorities described in section #gjaaa7;c7 of the ,moving ,forward ,act and the eligibility requirements described in section #gjaaa7;b7 of such ,act1 except that paragraph 7#a77;,c7 of such section shall not apply to the determination of eligibility for such allocation4 7#c7 ,allocations for ,indian schools 7,a7 ,in general ,one-half of #a percent of the amount of the limitation applicable under subsection 7f7 for any calendar year shall be allocated by the ,secretary to the ,secretary of the ,interior for schools funded by the ,bureau of ,indian ,affairs for such calendar year4 7,b7 ,allocation to schools ,the limitation amount allocated to the ,secretary of the ,interior under paragraph 7#a7 shall be allocated by such ,secretary to issuers or schools funded as described in paragraph 7#b74 ,in the case of amounts allocated under the preceding sentence1 ,indian tribal governments 7as defined in section #ggja7;a77#dj77 shall be treated as qualified issuers for purposes of this subchapter4 7#d7 ,digital learning ,up to #aj percent of the limitation amount allocated under paragraph 7#a7 or 7#c77;,a7 may be allocated by the ,state to issuers within such ,state to carry out activities to improve digital learning in accordance with section #gjaab7;b7 of the ,moving ,forward ,act4 7h7 ,interest ,payment ,date ,for purposes of this section1 the term interest payment date means any date on which the holder of record of the school infrastructure bond is entitled to a payment of interest under such bond4 7i7 ,special ,rules 7#a7 ,interest on school infrastructure bonds includible in gross income for federal income tax purposes ,for purposes of this title1 interest on any school infrastructure bond shall be includible in gross income4 7#b7 ,application of certain rules ,rules similar to the rules of subsections 7f71 7g71 7h71 and 7i7 of section #ed;,a shall apply for purposes of the credit allowed under subsection 7a74 4 7b7 ,transitional ,coordination ,with ,state ,law ,except as otherwise provided by a ,state after the date of the enactment of this ,act1 the interest on any school infrastructure bond 7as defined in section #ed;,,bb of the ,internal ,revenue ,code of #aihf1 as added by this section7 and the amount of any credit determined under such section with respect to such bond shall be treated for purposes of the income tax laws of such ,state as being exempt from ,federal income tax4 7c7 ,application of certain labor standards to projects financed with certain tax-,favored bonds 7#a7 ,in general ,subchapter ,,iv of chapter #ca of the title #dj1 ,united ,states ,code1 shall apply to projects financed with the proceeds of-- 7,a7 any school infrastructure bond 7as defined in section #ed;,,bb of the ,internal ,revenue ,code of #aihf72 and 7,b7 any qualified zone academy bond 7as defined in section #ed;,e of the ,internal ,revenue ,code of #aihf7 issued after the date of the enactment of the ,american ,recovery and ,reinvestment ,tax ,act of #bjji4 7#b7 ,conforming amendment ,section #afja of the ,american ,recovery and ,reinvestment ,tax ,act of #bjji is amended by striking paragraph 7#c7 and redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively4 7d7 ,clerical amendments ,the table of subparts for part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following3 ,subpart ,j--,school infrastructure bonds 4 7e7 ,effective ,date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjbj4 #ijaac4 ,annual report on bond program 7a7 ,in general ,not later than ,september #cj of each fiscal year beginning after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall submit to the appropriate congressional committees a report on the school infrastructure bond program4 7b7 ,elements ,the report under paragraph 7#a7 shall include1 with respect to the fiscal year preceding the year in which the report is submitted1 the following3 7#a7 ,an identification of-- 7,a7 each local educational agency that received funds from a school infrastructure bond2 and 7,b7 each local educational agency that was eligible to receive such funds-- 7i7 but did not receive such funds2 or 7ii7 received less than the maximum amount of funds for which the agency was eligible4 7#b7 ,with respect to each local educational agency described in paragraph 7#a7-- 7,a7 an assessment of the capacity of the agency to raise funds for the long-term improvement of public school facilities1 as determined by an assessment of-- 7i7 the current and historic ability of the agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools1 including the ability of the agency to raise funds through imposition of property taxes2 7ii7 whether the agency has been able to issue bonds to fund construction projects1 including-- 7,i7 qualified zone academy bonds under section #ed;,e of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 school infrastructure bonds under section #ed;,,bb of the ,internal ,revenue ,code of #aihf2 and 7iii7 the bond rating of the agency2 7,b7 the demographic composition of the student population served by the agency1 disaggregated by-- 7i7 race2 7ii7 the number and percentage of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7iii7 the number and percentage of students who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,c7 the population density of the geographic area served by the agency2 7,d7 a description of the projects carried out with funds received from school infrastructure bonds2 7,e7 a description of the demonstrable or expected benefits of the projects2 and 7,f7 the estimated number of jobs created by the projects4 7#c7 ,the total dollar amount of all funds received by local educational agencies from school infrastructure bonds4 7#d7 ,any other factors that the ,secretary of the ,treasury determines to be appropriate4 7c7 ,information collection ,a ,state or local educational agency that receives funds from a school infrastructure bond shall-- 7#a7 annually compile the information necessary for the ,secretary of the ,treasury to determine the elements described in subsection 7b72 and 7#b7 report the information to the ,secretary of the ,treasury at such time and in such manner as the ,secretary of the ,treasury may require4 #ijaad4 ,examining loan modifications to the ,,hbcu ,capital ,financing ,program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,education shall report to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate the results of an analysis to determine the potential benefits and costs of offering loan modifications under the ,,hbcu ,capital ,financing ,program under part ,d of title ,,iii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajff et seq47 as described in the report entitled ,action ,needed to ,improve ,participation in ,education's ,,hbcu ,capital ,financing ,program published by ,government ,accountability ,office in ,june #bjah 7,,gao-#ah-dee74 ,c ,other provisions related to infrastructure financing #ijaba4 ,credit for operations and maintenance costs of government-owned broadband 7a7 ,in general ,subchapter ,b of chapter #fe1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new section3 #fdca;,b4 ,credit for operations and maintenance costs of government-owned broadband 7a7 ,in general ,in the case of any eligible governmental entity1 there shall be allowed a credit equal to the applicable percentage of the qualified broadband expenses paid or incurred by such entity during the taxable year which credit shall be payable by the ,secretary as provided in subsection 7b74 7b7 ,payment of credit ,upon receipt from an eligible governmental entity of such information as the ,secretary may require for purposes of carrying out this section1 the ,secretary shall pay to such entity the amount of the credit determined under subsection 7a7 for the taxable year4 7c7 ,limitation ,the amount of qualified broadband expenses taken into account under this section for any taxable year with respect to any qualified broadband network shall not exceed the product of #djj multiplied by the number of qualified households subscribed to the qualified broadband service provided by such network 7determined as of any time during such taxable year74 7d7 ,definitions ,for purposes of this section-- 7#a7 ,applicable percentage ,the term applicable percentage means-- 7,a7 in the case of any taxable year beginning in #bjbj through #bjbe1 #cj percent1 7,b7 in the case of any taxable year beginning in #bjbf1 #bf percent1 and 7,c7 in the case of any taxable year beginning in #bjbg1 #bd percent4 7#b7 ,eligible governmental entity ,the term eligible governmental entity means-- 7,a7 any ,state1 local1 or ,indian tribal government1 7,b7 any political subdivision or instrumentality of any government described in subparagraph 7,a71 and 7,c7 any entity wholly owned by one or more entities described in subparagraph 7,a7 or 7,b74 ,for purposes of this paragraph1 the term ,state includes any possession of the ,united ,states4 7#c7 ,qualified broadband expenses ,the term qualified broadband expenses means so much of the amounts paid or incurred for the operation and maintenance of a qualified broadband network as are properly allocable to qualified households subscribed to the qualified broadband service provided by such network4 7#d7 ,qualified household ,the term qualified household means a personal residence which-- 7,a7 is located in a low-income community 7as defined in section #de;,d7e771 and 7,b7 did not have access to qualified broadband service from the eligible governmental entity 7determined as of the beginning of the taxable year of such entity74 7#e7 ,qualified broadband network ,the term qualified broadband network means property owned by an eligible governmental entity and used for the purpose of providing qualified broadband service4 7#f7 ,qualified broadband service ,the term qualified broadband service means fixed1 terrestrial broadband service providing downloads at a speed of at least #be megabits per second and uploads at a speed of at least #c megabits per second4 7#g7 ,taxable year ,except as otherwise provided by the ,secretary1 the term taxable year means1 with respect to any eligible governmental entity1 the fiscal year of such entity4 7e7 ,special rules 7#a7 ,allocations ,for purposes of subsection 7d77#c71 amounts shall be treated as properly allocated if allocated ratably among the subscribers of the qualified broadband service4 7#b7 ,denial of double benefit ,qualified broadband expenses shall not include any amount which is paid or reimbursed 7directly or indirectly7 by any grant from the ,federal ,government4 7f7 ,regulations ,the ,secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section4 7g7 ,termination ,no credit shall be allowed under this section for any taxable year beginning after ,december #ca1 #bjbg4 4 7b7 ,payments made under section #fdca;,b7b7 of the ,internal ,revenue ,code of #aihf ,section #bee7;h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ije7;h77 is amended by inserting3 ,payments made under section #fdca;,b7b7 of the ,internal ,revenue ,code of #aihf after the item related to ,payments for ,foster ,care and ,permanency4 7c7 ,conforming amendments 7#a7 ,section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by striking or #fdca;,a and inserting #fdca;,a1 or #fdca;,b4 7#b7 ,the table of sections for subchapter ,b of chapter #fe1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new item3 ,sec4 #fdca;,b4 ,credit for operations and maintenance costs of government-owned broadband4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #ijabb4 ,treatment of financial guaranty insurance companies as qualifying insurance corporations under passive foreign investment company rules 7a7 ,in general ,section #abig7;f77#c7 is amended by adding at the end the following new subparagraph3 7,c7 ,special rule for financial guaranty insurance companies 7i7 ,in general ,notwithstanding subparagraphs 7,a77ii7 and 7,b71 the applicable insurance liabilities of a financial guaranty insurance company shall include its unearned premium reserves if-- 7,i7 such company is prohibited under generally accepted accounting principles from reporting on its applicable financial statements reserves for losses and loss adjustment expenses with respect to a financial guaranty insurance or reinsurance contract except to the extent that such reserve amounts are expected to exceed the unearned premium reserves on the contract1 7,,ii7 the applicable financial statement of such company reports financial guaranty exposure of at least #ae-to-#a1 and 7,,iii7 such company includes in its insurance liabilities only its unearned premium reserves relating to insurance written or assumed that is within the single risk limits set forth in subsection 7,d7 of section #d of the ,financial ,guaranty ,insurance ,guideline 7modified by using total shareholder's equity as reported on the applicable financial statement of the company rather than aggregate of the surplus to policyholders and contingency reserves74 7ii7 ,financial guaranty insurance company ,for purposes of this subparagraph1 the term financial guaranty insurance company means any insurance company the sole business of which is writing or reinsuring financial guaranty insurance 7as defined in subsection 7,a7 of section #a of the ,financial ,guaranty ,insurance ,guideline7 which is permitted under subsection 7,b7 of section #d of such ,guideline4 7iii7 ,financial guaranty exposure ,for purposes of this subparagraph1 the term financial guaranty exposure means the ratio of-- 7,i7 the net debt service outstanding insured or reinsured by the company that is within the single risk limits set forth in the ,financial ,guaranty ,insurance ,guideline 7as reported on such company's applicable financial statement71 to 7,,ii7 the company's total assets 7as so reported74 7iv7 ,financial ,guaranty ,insurance ,guideline ,for purposes of this subparagraph-- 7,i7 ,in general ,the term ,financial ,guaranty ,insurance ,guideline means the ,october #bjjh model regulation that was adopted by the ,national ,association of ,insurance ,commissioners on ,december #d1 #bjjg4 7,,ii7 ,determinations made by ,secretary ,the determination of whether any provision of the ,financial ,guaranty ,insurance ,guideline has been satisfied shall be made by the ,secretary4 4 7b7 ,reporting of certain items ,section #abig7;f77#d7 is amended by adding at the end the following new subparagraph3 7,c7 ,clarification that certain items on applicable financial statement be separately reported with respect to corporation ,an amount described in paragraph 7#a77;,b7 or clause 7i77,,ii71 7i77,,iii71 7iii77,i71 or 7iii77,,ii7 of paragraph 7#c77;,c7 shall not be treated as reported on an applicable financial statement for purposes of this section unless such amount is separately reported on such statement with respect to the corporation referred to in paragraph 7#a74 7,d7 ,authority of ,secretary to require reporting 7i7 ,in general ,each ,united ,states person who owns an interest in a specified non-publicly traded foreign corporation and who takes the position that such corporation is not a passive foreign investment company shall report to the ,secretary such information with respect to such corporation as the ,secretary may require4 7ii7 ,specified non-publicly traded foreign corporation ,for purposes of this subparagraph1 the term specified non-publicly traded foreign corporation means any foreign corporation-- 7,i7 which would be a passive foreign investment company if subsection 7b77#b77;,b7 did not apply1 and 7,,ii7 no interest in which is traded on an established securities market4 4 7c7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall take effect as if included in section #adeja of ,public ,law #aae-ig4 7#b7 ,reporting ,the amendment made by subsection 7b7 shall apply to reports made after the date of the enactment of this ,act4 #ijabc4 ,infrastructure grants to improve child care safety 7a7 ,in general ,part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 is amended by inserting after section #dah the following3 #dah;,a4 ,infrastructure grants to improve child care safety 7a7 ,short title ,this section may be cited as the ,infrastructure ,grants ,to ,improve ,child ,care ,safety ,act of #bjbj4 7b7 ,needs ,assessments 7#a7 ,immediate needs assessment 7,a7 ,in general ,the ,secretary shall conduct an immediate needs assessment of the condition of child care facilities throughout the ,united ,states 7with priority given to child care facilities that receive ,federal funds71 that-- 7i7 determines the extent to which the ,,covid-#ai pandemic has created immediate infrastructure needs1 including infrastructure-related health and safety needs1 which must be addressed for child care facilities to operate in compliance with public health guidelines2 7ii7 considers the effects of the pandemic on a variety of child care centers1 including home-based centers2 and 7iii7 considers how the pandemic has impacted specific metrics1 such as-- 7,i7 capacity2 7,,ii7 investments in infrastructure changes2 7,,iii7 the types of infrastructure changes centers need to implement and their associated costs2 7,,iv7 the price of tuition2 and 7,v7 any changes or anticipated changes in the number and demographic of children attending4 7,b7 ,timing ,the immediate needs assessment should occur simultaneously with the first grant-making cycle under subsection 7c74 7,c7 ,report ,not later than #a year after the date of the enactment of this section1 the ,secretary shall submit to the ,congress a report containing the result of the needs assessment conducted under subparagraph 7,a71 and make the assessment publicly available4 7#b7 ,long-term needs assessment 7,a7 ,in general ,the ,secretary shall conduct a long-term assessment of the condition of child care facilities throughout the ,united ,states 7with priority given to child care facilities that receive ,federal funds74 ,the assessment may be conducted through representative random sampling4 7,b7 ,report ,not later than #d years after the date of the enactment of this section1 the ,secretary shall submit to the ,congress a report containing the results of the needs assessment conducted under subparagraph 7,a71 and make the assessment publicly available4 7c7 ,child care facilities grants 7#a7 ,grants to ,states 7,a7 ,in general ,the ,secretary may award grants to ,states for the purpose of acquiring1 constructing1 renovating1 or improving child care facilities1 including adapting1 reconfiguring1 or expanding facilities to respond to the ,,covid-#ai pandemic4 7,b7 ,prioritized facilities ,the ,secretary may not award a grant to a ,state under subparagraph 7,a7 unless the ,state involved agrees1 with respect to the use of grant funds1 to prioritize-- 7i7 child care facilities primarily serving low-income populations2 7ii7 child care facilities primarily serving children who have not attained the age of #e years2 7iii7 child care facilities that closed during the ,,covid-#ai pandemic and are unable to open without making modifications to the facility that would otherwise be required to ensure the health and safety of children and staff2 and 7iv7 child care facilities that serve the children of parents classified as essential workers during the ,,covid-#ai pandemic4 7,c7 ,duration of grants ,a grant under this subsection shall be awarded for a period of not more than #e years4 7,d7 ,application ,to seek a grant under this subsection1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 which information shall-- 7i7 be disaggregated as the ,secretary may require2 and 7ii7 include a plan to use a portion of the grant funds to report back to the ,secretary on the impact of using the grant funds to improve child care facilities4 7,e7 ,priority ,in selecting ,states for grants under this subsection1 the ,secretary shall prioritize ,states that-- 7i7 plan to improve center-based and home-based child care programs1 which may include a combination of child care and early ,head ,start or ,head ,start programs2 7ii7 aim to meet specific needs across urban1 suburban1 or rural areas as determined by the ,state2 and 7iii7 show evidence of collaboration with-- 7,i7 local government officials2 7,,ii7 other ,state agencies2 7,,iii7 nongovernmental organizations1 such as-- 7aa7 organizations within the philanthropic community2 7bb7 certified community development financial institutions as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb7 that have been certified by the ,community ,development ,financial ,institutions ,fund 7#ab ,u4,s4,c4 #dgjc72 and 7cc7 organizations that have demonstrated experience in-- 7,,aa7 providing technical or financial assistance for the acquisition1 construction1 renovation1 or improvement of child care facilities2 7,,bb7 providing technical1 financial1 or managerial assistance to child care providers2 and 7,,cc7 securing private sources of capital financing for child care facilities or other low-income community development projects2 and 7,,iv7 local community organizations1 such as-- 7aa7 child care providers2 7bb7 community care agencies2 7cc7 resource and referral agencies2 and 7dd7 unions4 7,f7 ,consideration ,in selecting ,states for grants under this subsection1 the ,secretary shall consider-- 7i7 whether the applicant-- 7,i7 has or is developing a plan to address child care facility needs2 and 7,,ii7 demonstrates the capacity to execute such a plan2 and 7ii7 after the date the report required by subsection 7b77#a77;,c7 is submitted to the ,congress1 the needs of the applicants based on the results of the assessment4 7,g7 ,diversity of awards ,in awarding grants under this section1 the ,secretary shall give equal consideration to ,states with varying capacities under subparagraph 7,f74 7,h7 ,matching requirement 7i7 ,in general ,as a condition for the receipt of a grant under subparagraph 7,a71 a ,state that is not an ,indian tribe shall agree to make available 7directly or through donations from public or private entities7 contributions with respect to the cost of the activities to be carried out pursuant to subparagraph 7,a71 which may be provided in cash or in kind1 in an amount equal to #aj percent of the funds provided through the grant4 7ii7 ,determination of amount contributed ,contributions required by clause 7i7 may include-- 7,i7 amounts provided by the ,federal ,government1 or services assisted or subsidized to any significant extent by the ,federal ,government2 or 7,,ii7 philanthropic or private-sector funds4 7,i7 ,report ,not later than #f months after the last day of the grant period1 a ,state receiving a grant under this paragraph shall submit a report to the ,secretary as described in subparagraph 7,d7-- 7i7 to determine the effects of the grant in constructing1 renovating1 or improving child care facilities1 including any changes in response to the ,,covid-#ai pandemic and any effects on access to and quality of child care2 and 7ii7 to provide such other information as the ,secretary may require4 7,j7 ,amount limit ,the annual amount of a grant under this paragraph may not exceed #ce1jjj1jjj4 7#b7 ,grants to intermediary organizations 7,a7 ,in general ,the ,secretary may award grants to intermediary organizations1 such as certified community development financial institutions1 tribal organizations1 or other organizations with demonstrated experience in child care facilities financing1 for the purpose of providing technical assistance1 capacity building1 and financial products to develop or finance child care facilities4 7,b7 ,application ,a grant under this paragraph may be made only to intermediary organizations that submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,c7 ,priority ,in selecting intermediary organizations for grants under this subsection1 the ,secretary shall prioritize intermediary organizations that-- 7i7 demonstrate experience in child care facility financing or related community facility financing2 7ii7 demonstrate the capacity to assist ,states and local governments in developing child care facilities and programs2 7iii7 demonstrate the ability to leverage grant funding to support financing tools to build the capacity of child care providers1 such as through credit enhancements2 7iv7 propose to meet a diversity of needs across ,states and across urban1 suburban1 and rural areas at varying types of center-based1 home-based1 and other child care settings1 including early care programs located in freestanding buildings or in mixed-use properties2 and 7v7 propose to focus on child care facilities primarily serving low-income populations and children who have not attained the age of #e years4 7,d7 ,amount limit ,the amount of a grant under this paragraph may not exceed #aj1jjj1jjj4 7#c7 ,labor standards for all grants ,the ,secretary shall require that each entity1 including grantees and subgrantees1 that applies for an infrastructure grant for constructing1 renovating1 or improving child care facilities1 including adapting1 reconfiguring1 or expanding such facilities1 which is funded in whole or in part under this section1 shall include in its application written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alternation or repair1 as part of such project1 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 #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act71 and with respect to the labor standards specified in such subchapter the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#ae ,fed4 ,reg4 #cagf2 #e ,u4,s4,c4 ,app47 and section #b of the ,act of ,june #ac1 #aicd 7#dj ,u4,s4,c4 #bgf;c74 7#d7 ,report ,not later than the end of fiscal year #bjbd1 the ,secretary shall submit to the ,congress a report on the effects of the grants provided under this subsection1 and make the report publically accessible4 7d7 ,limitations on authorization of appropriations 7#a7 ,in general ,to carry out this section1 there is authorized to be appropriated #aj1jjj1jjj1jjj for fiscal year #bjbj1 which shall remain available through fiscal year #bjbd4 7#b7 ,reservations of funds 7,a7 ,indian tribes ,the ,secretary shall reserve #c percent of the total amount made available to carry out this section1 for payments to ,indian tribes4 7,b7 ,territories ,the ,secretary shall reserve #c percent of the total amount made available to carry out this section1 for payments to territories4 7#c7 ,grants for intermediary organizations ,not less than #aj percent and not more than #ae percent of the total amount made available to carry out this section may be used to carry out subsection 7c77#b74 7#d7 ,limitation on use of funds for needs assessments ,not more than #e1jjj1jjj of the amounts made available to carry out this section may be used to carry out subsection 7b74 7#e7 ,labor standards for all grants ,the ,secretary of ,health and ,human ,services shall require that each entity1 including grantees and subgrantees1 that applies for an infrastructure grant for constructing1 renovating1 or improving child care facilities1 including adapting1 reconfiguring1 or expanding such facilities1 which is funded in whole or in part under this section1 shall include in its application written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alternation or repair1 as part of such project1 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 #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act71 and with respect to the labor standards specified in such subchapter the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#ae ,fed4 ,reg4 #cagf2 #e ,u4,s4,c4 ,app47 and section #b of the ,act of ,june #ac1 #aicd 7#dj ,u4,s4,c4 #bgf;c74 7e7 ,definition of ,state ,in this section1 the term ,state has the meaning provided in section #dai1 except that it includes the ,commonwealth of the ,northern ,mariana ,islands and any ,indian tribe4 4 7b7 ,exemption of territory grants from limitation on total payments to the territories ,section #aajh7;a77#b7 of such ,act 7#db ,u4,s4,c4 #acjh7;a77#b77 is amended by inserting #dah;,a7c71 after #dac7;f714 ,,ii ,new ,markets ,tax ,credit #ijbja4 ,improvement and permanent extension of new markets tax credit 7a7 ,permanent extension 7#a7 ,in general ,section #de;,d7f77#a7 is amended by striking subparagraphs 7,g7 and 7,h7 and inserting the following new subparagraphs3 7,g7 #c1ejj1jjj1jjj for each of calendar years #bjaj through #bjah1 7,h7 #d1jjj1jjj1jjj for calendar year #bjai1 7,i7 #g1jjj1jjj1jjj for calendar year #bjbj1 7,j7 #f1jjj1jjj1jjj for calendar year #bjba1 and 7,k7 #e1jjj1jjj1jjj for calendar year #bjbb and each calendar year thereafter4 4 7#b7 ,inflation adjustment ,section #de;,d7f7 is amended by adding at the end the following new paragraph3 7#d7 ,inflation adjustment 7,a7 ,in general ,in the case of any calendar year beginning after #bjbb1 the dollar amount in paragraph 7#a77;,i7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year1 determined by substituting calendar year #bjba for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding rule ,any increase under subparagraph 7,a7 which is not a multiple of #a1jjj1jjj shall be rounded to the nearest multiple of #a1jjj1jjj4 4 7#c7 ,conforming amendment ,section #de;,d7f77#c7 is amended by striking the last sentence4 7b7 ,alternative minimum tax relief ,subparagraph 7,b7 of section #ch7;c77#d7 is amended-- 7#a7 by redesignating clauses 7v7 through 7xii7 as clauses 7vi7 through 7xiii71 respectively1 and 7#b7 by inserting after clause 7iv7 the following new clause3 7v7 the credit determined under section #de;,d1 but only with respect to credits determined with respect to qualified equity investments 7as defined in section #de;,d7b77 initially made after ,december #ca1 #bjbj1 4 7c7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to new markets tax credit limitation determined for calendar years after #bjbj4 7#b7 ,alternative minimum tax relief ,the amendments made by subsection 7b7 shall apply to credits determined with respect to qualified equity investments 7as defined in section #de;,d7b7 of the ,internal ,revenue ,code of #aihf7 initially made after ,december #ca1 #bjbj4 7#c7 ,special rule for allocation of increased #bjai limitation ,the amount of the increase in the new market tax credit limitation for calendar year #bjai by reason of the amendments made by subsection 7a7 shall be allocated in accordance with section #de;,d7f77#b7 of the ,internal ,revenue ,code of #aihf to qualified community development entities 7as defined in section #de;,d7c7 of such ,code7 which-- 7,a7 submitted an allocation application with respect to calendar year #bjai1 and 7,b7 either-- 7i7 did not receive an allocation for such calendar year1 or 7ii7 received an allocation for such calendar year in an amount less than the amount requested in the allocation application4 ,,iii ,rehabilitation tax credit #ijcja4 ,increase in rehabilitation credit 7a7 ,in general ,section #dg7;a77#b7 is amended by striking #bj percent and inserting the applicable percentage4 7b7 ,applicable percentage ,section #dg7;a7 is amended by adding at the end the following new paragraph3 7#c7 ,applicable percentage ,for purposes of this subsection1 the term applicable percentage means the percentage determined in accordance with the following table3 ,in the case of a taxable year,the applicable beginning in3percentage is3 #bjbj through #bjbdcj percent #bjbebf percent #bjbfbc percent #bjbg and thereafter#bj percent 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #ijcjb4 ,increase in the rehabilitation credit for certain small projects 7a7 ,in general ,section #dg is amended by adding at the end the following new subsection3 7e7 ,special rule regarding certain smaller projects 7#a7 ,in general ,in the case of any smaller project-- 7,a7 the applicable percentage determined under subsection 7a77#c7 shall not be less than #cj percent1 and 7,b7 the qualified rehabilitation expenditures taken into account under this section with respect to such project shall not exceed #b1ejj1jjj4 7#b7 ,smaller project ,for purposes of this subsection1 the term smaller project means the rehabilitation of any qualified rehabilitated building if-- 7,a7 the qualified rehabilitation expenditures taken into account under this section 7or which would be so taken into account but for paragraph 7#a77;,b77 with respect to such rehabilitation do not exceed #c1gej1jjj1 7,b7 no credit was allowed under this section with respect to such building to any taxpayer for either of the #b taxable years immediately preceding the first taxable year in which expenditures described in subparagraph 7,a7 were paid or incurred1 and 7,c7 the taxpayer elects 7at such time and manner as the ,secretary may provide7 to have this subsection apply with respect to such rehabilitation4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #ijcjc4 ,modification of definition of substantially rehabilitated 7a7 ,in general ,section #dg7;c77#a77;,b77i77,i7 is amended by inserting #ej percent of before the adjusted basis4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to determinations with respect to #bd-month periods 7referred to in clause 7i7 of section #dg7;c77#a77;,b7 of the ,internal ,revenue ,code of #aihf7 and #fj-month periods 7referred to in clause 7ii7 of such section7 which begin after the date of the enactment of this ,act4 #ijcjd4 ,temporary extension of period for completing rehabilitation 7a7 ,in general ,section #dg7;c77#a77;,b7 is amended by adding at the end the following new clause3 7iv7 ,temporary extension of period for completing rehabilitation ,in the case of any period selected by a taxpayer which includes ,march #ac1 #bjbj 7determined without regard to this clause71 this subparagraph 7and section #acdjb7;b77#b7 of ,public ,law #aae-ig7 shall be applied-- 7,i7 by substituting #cf-month for #bd-month each place it appears therein1 and 7,,ii7 by substituting #gb-month for #fj-month each place it appears therein4 4 7b7 ,effective date ,the amendment made by this section shall apply to periods which include ,march #ac1 #bjbj 7determined without regard to such amendment74 #ijcje4 ,elimination of rehabilitation credit basis adjustment 7a7 ,in general ,section #ej7;c7 is amended by adding at the end the following new paragraph3 7#f7 ,exception for rehabilitation credit ,in the case of the rehabilitation credit1 paragraph 7#a7 shall not apply4 4 7b7 ,treatment in case of credit allowed to lessee ,section #ej7;d7 is amended by adding at the end the following3 ,in the case of the rehabilitation credit1 paragraph 7#e77;,b7 of the section #dh7;d7 referred to in paragraph 7#e7 of this subsection shall not apply44 7c7 ,effective date ,the amendments made by this section shall apply to property placed in service after the date of the enactment of this ,act4 #ijcjf4 ,modifications regarding certain tax-exempt use property 7a7 ,in general ,section #dg7;c77#b77;,b77v7 is amended by adding at the end the following new subclause3 7,,iii7 ,disqualified lease rules to apply only in case of government entity ,for purposes of subclause 7,i71 except in the case of a tax-exempt entity described in section #afh7;h77#b77;,a77i7 7determined without regard to the last sentence of section #afh7;h77#b77;,a771 the determination of whether property is tax-exempt use property shall be made under section #afh7;h7 without regard to whether the property is leased in a disqualified lease 7as defined in section #afh7;h77#a77;,b77ii774 4 7b7 ,effective date ,the amendments made by this section shall apply to leases entered into after the date of the enactment of this ,act4 #ijcjg4 ,qualification of rehabilitation expenditures for public school buildings for rehabilitation credit 7a7 ,in general ,section #dg7;c77#b77;,b77v7 is amended by adding at the end the following new subclause3 7,,iii7 ,clause not to apply to public schools ,this clause shall not apply in the case of the rehabilitation of any building which was used as a qualified public educational facility 7as defined in section #adb7k77#a71 determined without regard to subparagraph 7,b7 thereof7 at any time during the #e-year period ending on the date that such rehabilitation begins and which is used as such a facility immediately after such rehabilitation4 4 7b7 ,report ,not later than the date which is #e years after the date of the enactment of this ,act1 the ,secretary of the ,treasury1 after consultation with the heads of appropriate ,federal agencies1 shall report to ,congress on the effects resulting from the amendment made by subsection 7a74 7c7 ,effective date ,the amendment made by this section shall apply to property placed in service after the date of the enactment of this ,act4 ,,iv ,green energy #ijdjj4 ,short title ,this title may be cited as the ,growing ,renewable ,energy and ,efficiency ,now ,act of #bjbj or the ,,green ,act of #bjbj4 ,a ,renewable ,electricity and ,reducing ,carbon ,emissions #ijdja4 ,extension of credit for electricity produced from certain renewable resources 7a7 ,in general ,the following provisions of section #de7;d7 are each amended by striking ,january #a1 #bjba each place it appears and inserting ,january #a1 #bjbf3 7#a7 ,paragraph 7#b77;,a74 7#b7 ,paragraph 7#c77;,a74 7#c7 ,paragraph 7#f74 7#d7 ,paragraph 7#g74 7#e7 ,paragraph 7#i74 7#f7 ,paragraph 7#aa77;,b74 7b7 ,extension of election ,to treat qualified facilities as energy property ,section #dh7;a77#e77;,c77ii7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbf4 7c7 ,application of extension to wind facilities 7#a7 ,in general ,section #de7;d77#a7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbf4 7#b7 ,application of phaseout percentage 7,a7 ,renewable electricity production credit ,sections #de7;b77#e77;,d7 is amended by striking and before ,january #a1 #bjba14 7,b7 ,energy credit ,section #dh7;a77#e77;,e77iv7 is amended by striking and before ,january #a1 #bjba14 7d7 ,effective date ,the amendments made by this section shall apply to facilities the construction of which begins after ,december #ca1 #bjbj4 #ijdjb4 ,extension and modification of energy credit 7a7 ,extension of credit ,the following provisions of section #dh are each amended by striking ,january #a1 #bjbb each place it appears and inserting ,january #a1 #bjbg3 7#a7 ,subsection 7a77#c77;,a77ii74 7#b7 ,subsection 7a77#c77;,a77vii74 7#c7 ,subsection 7c77#a77;,d74 7#d7 ,subsection 7c77#b77;,d74 7#e7 ,subsection 7c77#c77;,a77iv74 7#f7 ,subsection 7c77#d77;,c74 7b7 ,phaseout of credit ,section #dh7;a7 is amended-- 7#a7 by striking ,december #ca1 #bjai in paragraphs 7#f77;,a77i7 and 7#g77;,a77i7 and inserting ,december #ca1 #bjbe1 7#b7 by striking ,december #ca1 #bjbj in paragraphs 7#f77;,a77ii7 and 7#g77;,a77ii7 and inserting ,december #ca1 #bjbf1 7#c7 by striking ,january #a1 #bjba in paragraphs 7#f77;,a77i7 and 7#g77;,a77i7 and inserting ,january #a1 #bjbg1 7#d7 by striking ,january #a1 #bjbb each place it appears in paragraphs 7#f77;,a71 7#f77;,b71 and 7#g77;,a7 and inserting ,january #a1 #bjbh1 and 7#e7 by striking ,january #a1 #bjbd in paragraphs 7#f77;,b7 and 7#g77;,b7 and inserting ,january #a1 #bjcj4 7c7 #cj percent credit for solar and geothermal 7#a7 ,extension for solar ,section #dh7;a77#b77;,a77i77,,ii7 is amended by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh4 7#b7 ,application to geothermal 7,a7 ,in general ,paragraphs 7#b77;,a77i77,,ii71 7#f77;,a71 and 7#f77;,b7 of section #dh7;a7 are each amended by striking paragraph 7#c77;,a77i7 and inserting clause 7i7 or 7iii7 of paragraph 7#c77;,a74 7,b7 ,conforming amendment ,the heading of section #dh7;a77#f7 is amended by inserting and geothermal after solar energy4 7d7 ,energy storage technologies2 waste energy recovery property2 qualified biogas property 7#a7 ,in general ,section #dh7;a77#c77;,a7 is amended by striking or at the end of clause 7vi71 and by adding at the end the following new clauses3 7viii7 energy storage technology1 7ix7 waste energy recovery property1 or 7x7 qualified biogas property1 4 7#b7 ,application of #cj percent credit ,section #dh7;a77#b77;,a77i7 is amended by striking and at the end of subclauses 7,,iii7 and 7,,iv7 and adding at the end the following new subclauses3 7,v7 energy storage technology1 7,,vi7 waste energy recovery property1 and 7,,vii7 qualified biogas property1 and 4 7#c7 ,application of phaseout ,section #dh7;a77#g7 is amended-- 7,a7 by inserting energy storage technology1 waste energy recovery property1 qualified biogas property1 after qualified small wind property11 and 7,b7 by striking fiber-optic solar1 qualified fuel cell1 and qualified small wind in the heading thereof and inserting certain other4 7#d7 ,definitions ,section #dh7;c7 is amended by adding at the end the following new paragraphs3 7#e7 ,energy storage technology 7,a7 ,in general ,the term energy storage technology means equipment 7other than equipment primarily used in the transportation of goods or individuals and not for the production of electricity7 which-- 7i7 uses batteries1 compressed air1 pumped hydropower1 hydrogen storage 7including hydrolysis and electrolysis71 thermal energy storage1 regenerative fuel cells1 flywheels1 capacitors1 superconducting magnets1 or other technologies identified by the ,secretary1 after consultation with the ,secretary of ,energy1 to store energy for conversion to electricity and has a capacity of not less than #e kilowatt hours1 or 7ii7 stores thermal energy to heat or cool 7or provide hot water for use in7 a structure 7other than for use in a swimming pool74 7,b7 ,termination ,the term energy storage technology shall not include any property the construction of which does not begin before ,january #a1 #bjbh4 7#f7 ,waste energy recovery property 7,a7 ,in general ,the term waste energy recovery property means property that generates electricity solely from heat from buildings or equipment if the primary purpose of such building or equipment is not the generation of electricity4 7,b7 ,capacity limitation ,the term waste energy recovery property shall not include any property which has a capacity in excess of #ej megawatts4 7,c7 ,no double benefit ,any waste energy recovery property 7determined without regard to this subparagraph7 which is part of a system which is a combined heat and power system property shall not be treated as waste energy recovery property for purposes of this section unless the taxpayer elects to not treat such system as a combined heat and power system property for purposes of this section4 7,d7 ,termination ,the term waste energy recovery property shall not include any property the construction of which does not begin before ,january #a1 #bjbh4 7#g7 ,qualified biogas property 7,a7 ,in general ,the term qualified biogas property means property comprising a system which-- 7i7 converts biomass 7as defined in section #de,k7c77#c77 into a gas which-- 7,i7 consists of not less than #eb percent methane1 or 7,,ii7 is concentrated by such system into a gas which consists of not less than #eb percent methane1 and 7ii7 captures such gas for productive use4 7,b7 ,inclusion of cleaning and conditioning property ,the term qualified biogas property includes any property which is part of such system which cleans or conditions such gas4 7,c7 ,termination ,the term qualified biogas property shall not include any property the construction of which does not begin before ,january #a1 #bjbh4 4 7#e7 ,denial ,of ,double ,benefit ,for ,qualified ,biogas ,property ,section #de7;e7 is amended by adding at the end the following new paragraph3 7#ab7 ,coordination with energy credit for qualified biogas property ,the term qualified facility shall not include any facility which produces electricity from gas produced by qualified biogas property 7as defined in section #dh7;c77#g77 if a credit is determined under section #dh with respect to such property for the taxable year or any prior taxable year4 4 7e7 ,fuel cells using electromechanical processes 7#a7 ,in general ,section #dh7;c77#a7 is amended-- 7,a7 in subparagraph 7,a77i7-- 7i7 by inserting or electromechanical after electrochemical1 and 7ii7 by inserting 7#a kilowatts in the case of a fuel cell power plant with a linear generator assembly7 after #j4e kilowatt1 and 7,b7 in subparagraph 7,c7-- 7i7 by inserting 1 or linear generator assembly1 after a fuel cell stack assembly1 and 7ii7 by inserting or electromechanical after electrochemical4 7#b7 ,linear generator assembly limitation ,section #dh7;c77#a7 is amended by redesignating subparagraph 7,d7 as subparagraph 7,e7 and by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 ,linear generator assembly ,the term linear generator assembly does not include any assembly which contains rotating parts4 4 7f7 ,effective date ,the amendments made by this section shall apply to periods after ,december #ca1 #bjbj1 under rules similar to the rules of section #dh7m7 as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij4 #ijdjc4 ,extension of credit for carbon oxide sequestration 7a7 ,in general ,section #de,q7d77#a7 is amended by striking ,january #a1 #bjbd and inserting ,january #a1 #bjbf4 7b7 ,effective date ,the amendment made by this section applies to facilities the construction of which begins after ,december #ca1 #bjbc4 #ijdjd4 ,elective payment for energy property and electricity produced from certain renewable resources1 etc 7a7 ,in general ,subchapter ,b of chapter #fe is amended by adding at the end the following new section3 #fdca4 ,elective payment for energy property1 electricity produced from certain renewable resources1 etc1 and carbon oxide sequestration 7a7 ,energy property ,in the case of a taxpayer making an election 7at such time and in such manner as the ,secretary may provide7 under this section with respect to any portion of an applicable credit1 such taxpayer shall be treated as making a payment against the tax imposed by subtitle ,a for the taxable year equal to-- 7#a7 in the case of an ,indian tribal government1 the amount of such portion1 and 7#b7 in the case of any other taxpayer1 #he percent of such amount4 7b7 ,definitions and special rules ,for purposes of this section-- 7#a7 ,governmental entities treated as taxpayers ,in the case of an election under this section-- 7,a7 any ,state or local government1 or a political subdivision thereof1 or 7,b7 an ,indian tribal government1 shall be treated as a taxpayer for purposes of this section and determining any applicable credit4 7#b7 ,applicable credit ,the term applicable credit means each of the following credits that would 7without regard to this section7 be determined with respect to the taxpayer3 7,a7 ,a energy credit under section #dh4 7,b7 ,a renewable electricity production credit under section #de4 7,c7 ,a carbon oxide sequestration credit under section #de,q4 7#c7 ,indian tribal government ,the term ,indian tribal government shall have the meaning given such term by section #aci;,e4 7#d7 ,timing ,the payment described in subparagraph 7,a7 shall be treated as made on-- 7,a7 in the case of any government1 or political subdivision1 to which paragraph 7#a7 applies and for which no return is required under section #fjaa or #fjcc7;a71 the later of the date that a return would be due under section #fjcc7;a7 if such government or subdivision were described in that section or the date on which such government or subdivision submits a claim for credit or refund 7at such time and in such manner as the ,secretary shall provide71 and 7,b7 in any other case1 the later of the due date of the return of tax for the taxable year or the date on which such return is filed4 7#e7 ,waiver of special rules ,in the case of an election under this section1 the determination of any applicable credit shall be without regard to paragraphs 7#c7 and 7#d77;,a77i7 of section #ej7;b74 7c7 ,exclusion from gross income ,gross income of the taxpayer shall be determined without regard to this section4 7d7 ,denial of double benefit ,solely for purposes of section #ch1 in the case of a taxpayer making an election under this section1 the energy credit determined under section #de or the renewable electricity production credit determined under section #dh shall be reduced by the amount of the portion of such credit with respect to which the taxpayer makes such election4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #fe is amended by adding at the end the following new item3 ,sec4 #fdca4 ,elective payment for energy property and electricity produced from certain renewable resources1 etc4 4 7c7 ,effective date ,the amendments made by this section shall apply to property originally placed in service after the date of the enactment of this ,act4 #ijdje4 ,extension of energy credit for offshore wind facilities 7a7 ,in general ,section #dh7;a77#e7 is amended by adding at the end the following new subparagraph3 7,f7 ,qualified offshore wind facilities 7i7 ,in general ,in the case of any qualified offshore wind facility-- 7,i7 subparagraph 7,c77ii7 shall be applied by substituting ,january #a of the applicable year 7as determined under subparagraph 7,f77ii77 for ,january #a1 #bjbf1 7,,ii7 subparagraph 7,e7 shall not apply1 and 7,,iii7 for purposes of this paragraph1 section #de7;d77#a7 shall be applied by substituting ,january #a of the applicable year 7as determined under section #dh7;a77#e77;,f77ii77' for ,january #a1 #bjbf4 7ii7 ,applicable year ,for purposes of this subparagraph1 the term applicable year means the later of-- 7,i7 calendar year #bjbe1 or 7,,ii7 the calendar year subsequent to the first calendar year in which the ,secretary1 after consultation with the ,secretary of ,energy1 determines that the ,united ,states has increased its offshore wind capacity by not less than #c1jjj megawatts as compared to such capacity on ,january #a1 #bjba4 ,for purposes of subclause 7,,ii71 the ,secretary shall not include any increase in offshore wind capacity which is attributable to any facility the construction of which began before ,january #a1 #bjba4 7iii7 ,qualified offshore wind facility ,for purposes of this subparagraph1 the term qualified offshore wind facility means a qualified facility 7within the meaning of section #de7 described in paragraph 7#a7 of section #de7;d7 7determined without regard to any date by which the construction of the facility is required to begin7 which is located in the inland navigable waters of the ,united ,states or in the coastal waters of the ,united ,states4 7iv7 ,report on offshore wind capacity ,on ,january #ae1 #bjbd1 and annually thereafter until the calendar year described in clause 7ii77,,ii71 the ,secretary1 after consultation with the ,secretary of ,energy1 shall issue a report to be made available to the public which discloses the increase in the offshore wind capacity of the ,united ,states1 as measured in total megawatts1 since ,january #a1 #bjbj4 4 7b7 ,effective date ,the amendment made by this section shall apply to periods after ,december #ca1 #bjaf1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 #ijdjf4 ,green energy publicly traded partnerships 7a7 ,in general ,section #ggjd7;d77#a77;,e7 is amended-- 7#a7 by striking income and gains derived from the exploration and inserting income and gains derived from-- 7i7 the exploration 1 7#b7 by inserting or before industrial source1 and 7#c7 by striking 1 or the transportation or storage and all that follows and inserting the following3 7ii7 the generation of electric power or thermal energy exclusively using any qualified energy resource 7as defined in section #de7;c77#a771 7iii7 the operation of energy property 7as defined in section #dh7;a77#c71 determined without regard to any date by which the construction of the facility is required to begin71 7iv7 in the case of a facility described in paragraph 7#c7 or 7#g7 of section #de7;d7 7determined without regard to any placed in service date or date by which construction of the facility is required to begin71 the accepting or processing of open-loop biomass or municipal solid waste1 7v7 the storage of electric power or thermal energy exclusively using energy property that is energy storage property 7as defined in section #dh7;c77#e771 7vi7 the generation1 storage1 or distribution of electric power or thermal energy exclusively using energy property that is combined heat and power system property 7as defined in section #dh7;c77#c71 determined without regard to subparagraph 7,b77iii7 thereof and without regard to any date by which the construction of the facility is required to begin71 7vii7 the transportation or storage of any fuel described in subsection 7b71 7c71 7d71 or 7e7 of section #fdbf1 7viii7 the conversion of renewable biomass 7as defined in subparagraph 7,i7 of section #baa7o77#a7 of the ,clean ,air ,act 7as in effect on the date of the enactment of this clause77 into renewable fuel 7as defined in subparagraph 7,j7 of such section as so in effect71 or the storage or transportation of such fuel1 7ix7 the production1 storage1 or transportation of any fuel which-- 7,i7 uses as its primary feedstock carbon oxides captured from an anthropogenic source or the atmosphere1 7,,ii7 does not use as its primary feedstock carbon oxide which is deliberately released from naturally occurring subsurface springs1 and 7,,iii7 is determined by the ,secretary1 after consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 to achieve a reduction of not less than a #fj percent in lifecycle greenhouse gas emissions 7as defined in section #baa7o77#a77;,h7 of the ,clean ,air ,act1 as in effect on the date of the enactment of this clause7 compared to baseline lifecycle greenhouse gas emissions 7as defined in section #baa7o77#a77;,c7 of such ,act1 as so in effect71 7x7 the generation of electric power from1 a qualifying gasification project 7as defined in section #dh;,b7c77#a7 without regard to subparagraph 7,c77 that is described in section #dh7;d77#a77;,b71 or 7xi7 in the case of a qualified facility 7as defined in section #de,q7d71 without regard to any date by which construction of the facility is required to begin7 not less than #ej percent 7#cj percent in the case of a facility placed in service before ,january #a1 #bjba7 of the total carbon oxide production of which is qualified carbon oxide 7as defined in section #de,q7c77-- 7,i7 the generation1 availability for such generation1 or storage of electric power at such facility1 or 7,,ii7 the capture of carbon dioxide by such facility1 4 7b7 ,effective date ,the amendments made by this section apply to taxable years beginning after ,december #ca1 #bjbj4 ,b ,renewable ,fuels #ijdaa4 ,biodiesel and renewable diesel 7a7 ,income tax credit ,section #dj;,a7g7 is amended to read as follows3 7g7 ,phase out2 termination 7#a7 ,phase out ,in the case of any sale or use after ,december #ca1 #bjbb1 subsections 7b77#a77;,a7 and 7b77#b77;,a7 shall be applied by substituting for #a4jj-- 7,a7 4#ge1 if such sale or use is before ,january #a1 #bjbd1 7,b7 4#ej1 if such sale or use is after ,december #ca1 #bjbc1 and before ,january #a1 #bjbe1 and 7,c7 4#cc1 if such sale or use is after ,december #ca1 #bjbd1 and before ,january #a1 #bjbf4 7#b7 ,termination ,this section shall not apply to any sale or use after ,december #ca1 #bjbe4 4 7b7 ,excise tax incentives 7#a7 ,phase out ,section #fdbf7;c77#b7 is amended to read as follows3 7#b7 ,applicable amount ,for purposes of this subsection1 the applicable amount is-- 7,a7 #a4jj in the case of any sale or use for any period before ,january #a1 #bjbc1 7,b7 4#ge in the case of any sale or use for any period after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 7,c7 4#ej in the case of any sale or use for any period after ,december #ca1 #bjbc1 and before ,january #a1 #bjbe1 and 7,d7 4#cc in the case of any sale or use for any period after ,december #ca1 #bjbd1 and before ,january #a1 #bjbf4 4 7#b7 ,termination 7,a7 ,in general ,section #fdbf7;c77#f7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjbe4 7,b7 ,payments ,section #fdbg7;e77#f77;,b7 is amended by striking ,december #ca1 #bjbb and inserting ,december #ca1 #bjbe4 7c7 ,effective date ,the amendments made by this section shall apply to fuel sold or used after ,december #ca1 #bjbb4 #ijdab4 ,extension of excise tax credits relating to alternative fuels 7a7 ,extension and phaseout of alternative fuel credit 7#a7 ,in general ,section #fdbf7;d77#a7 is amended by striking #ej cents and inserting the applicable amount4 7#b7 ,applicable amount and termination ,section #fdbf7;d77#e7 is amended to read as follows3 7#e7 ,phaseout and termination 7,a7 ,phaseout ,for purposes of this subsection1 the applicable amount is-- 7i7 #ej cents in the case of any sale or use for any period before ,january #a1 #bjbc1 7ii7 #ch cents in the case of any sale or use for any period after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 7iii7 #be cents in the case of any sale or use for any period after ,december #ca1 #bjbc1 and before ,january #a1 #bjbe1 and 7iv7 #ag cents in the case of any sale or use for any period after ,december #ca1 #bjbd1 and before ,january #a1 #bjbf4 7,b7 ,termination ,this subsection shall not apply to any sale or use for any period after ,december #ca1 #bjbe4 4 7b7 ,alternative fuel mixture credit 7#a7 ,in general ,section #fdbf7;e77#c7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7#b7 ,phaseout ,section #fdbf7;e77#a7 is amended by striking #ej cents and inserting the applicable amount 7as defined in subsection 7d77#e77;,a774 7c7 ,payments for alternative fuels ,section #fdbg7;e77#f77;,c7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7d7 ,effective date ,the amendments made by this section shall apply to fuel sold or used after ,december #ca1 #bjbj4 #ijdac4 ,extension of second generation biofuel incentives 7a7 ,in general ,section #dj7;b77#f77;,j77i7 is amended by striking #bjba and inserting #bjbf4 7b7 ,extension of special allowance for depreciation of second generation biofuel plant property ,section #afh7l77#b77;,d7 is amended by striking #bjba and inserting #bjbf4 7c7 ,effective date 7#a7 ,in general ,the amendment made by subsection 7a7 shall apply to qualified second generation biofuel production after ,december #ca1 #bjbj4 7#b7 ,second generation biofuel plant property ,the amendment made by subsection 7b7 shall apply to property placed in service after ,december #ca1 #bjbj4 ,c ,green ,energy and ,efficiency ,incentives for ,individuals #ijdba4 ,extension1 increase1 and modifications of nonbusiness energy property credit 7a7 ,extension of credit ,section #be;,c7g77#b7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,increase in credit percentage for qualified energy efficiency improvements ,section #be;,c7a77#a7 is amended by striking #aj percent and inserting #ae percent4 7c7 ,increase in lifetime limitation of credit ,section #be;,c7b77#a7 is amended-- 7#a7 by striking #ejj and inserting #a1bjj1 and 7#b7 by striking ,december #ca1 #bjje and inserting ,december #ca1 #bjbj4 7d7 ,limitations ,section #be;,c7b7 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,limitation on qualified energy efficiency improvements ,the credit allowed under this section by reason of subsection 7a77#a71 with respect to costs paid or incurred by a taxpayer for a taxable year1 shall not exceed-- 7,a7 for components described in subsection 7c77#c77;,a71 the excess 7if any7 of #fjj over the aggregate credits allowed under this section with respect to such components for all prior taxable years ending after ,december #ca1 #bjbj1 7,b7 for components described in subsection 7c77#c77;,b7-- 7i7 in the case of components which are not described in clause 7ii71 the excess 7if any7 of #bjj over the aggregate credits allowed under this section with respect to such components for all prior taxable years ending after ,december #ca1 #bjbj1 and 7ii7 in the case of components which meet the standards for most efficient certification under applicable ,energy ,star program requirements1 the excess 7if any7 of #fjj over the aggregate credits allowed under this section with respect to such components for all prior taxable years ending after ,december #ca1 #bjbj1 or with respect to components described in clause 7i7 for such taxable year1 and 7,c7 for components described in subsection 7c77#c77;,c7 by any taxpayer for any taxable year1 the credit allowed under this section with respect to such amounts for such year shall not exceed the lesser of-- 7i7 the excess 7if any7 of #ejj over the aggregate credits allowed under this section with respect to such amounts for all prior taxable years ending after ,december #ca1 #bjbj1 or 7ii7 #bej for each exterior door4 7#c7 ,limitation on residential energy property expenditures ,the credit allowed under this section by reason of subsection 7a77#b7 shall not1 with respect to an item of property1 exceed-- 7,a7 in the case of property described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7d77#c71 #fjj1 7,b7 for the case of property described in subparagraph 7,d7 of subsection 7d77#c71 #djj1 7,c7 in the case of a hot water boiler1 #fjj1 and 7,d7 in the case of a furnace1 an amount equal to the sum of-- 7i7 #cjj1 plus 7ii7 if the taxpayer is converting from a non-condensing furnace to a condensing furnace1 #cjj4 4 7e7 ,standards for energy efficient building envelope components ,section #be;,c7c77#b7 is amended by striking meets-- and all that follows through the period at the end and inserting the following3 meets-- 7,a7 in the case of an exterior window1 a skylight1 or an exterior door1 applicable ,energy ,star program requirements1 and 7,b7 in the case of any other component1 the prescriptive criteria for such component established by the #bjah ,,iecc 7as such term is defined in section #de,l7b77#e774 4 7f7 ,roofs not building envelope components ,section #be;,c7c77#c7 is amended by adding and at the end of subparagraph 7,b71 by striking 1 and at the end of subparagraph 7,c7 and inserting a period1 and by striking subparagraph 7,d74 7g7 ,advanced main air circulating fans not qualified energy property 7#a7 ,in general ,section #be;,c7d77#b77;,a7 is amended by adding or at the end of clause 7i71 by striking 1 or at the end of clause 7ii7 and inserting a period1 and by striking clause 7iii74 7#b7 ,conforming amendment ,section #be;,c7d7 is amended by striking paragraph 7#e7 and redesignating paragraph 7#f7 as paragraph 7#e74 7h7 ,increase in standard for electric heat pump water heater ,section #be;,c7d77#c77;,a7 is amended by striking an energy factor of at least #b4j and inserting a uniform energy factor of at least #c4j4 7i7 ,update of standards for certain energy-efficient building property ,section #be;,c7d77#c7 is amended-- 7#a7 by striking ,january #a1 #bjji each place such term appears and inserting ,november #a1 #bjai1 and 7#b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 a natural gas1 propane1 or oil water heater which1 in the standard ,department of ,energy test procedure1 yields-- 7i7 in the case of a storage tank water heater-- 7,i7 in the case of a medium-draw water heater1 a uniform energy factor of not less than #j4gh1 and 7,,ii7 in the case of a high-draw water heater1 a uniform energy factor of not less than #j4hj1 and 7ii7 in the case of a tankless water heater-- 7,i7 in the case of a medium-draw water heater1 a uniform energy factor of not less than #j4hg1 and 7,,ii7 in the case of a high-draw water heater1 a uniform energy factor of not less than #j4ij1 and 4 7j7 ,increase in standard for furnaces ,section #be;,c7d77#d7 is amended by striking by striking not less than #ie4 and inserting the following3 not less than-- 7,a7 in the case of a furnace1 #ig percent1 and 7,b7 in the case of a hot water boiler1 #ie percent4 4 7k7 ,home energy audits 7#a7 ,in general ,section #be;,c7a7 is amended by striking and at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#c7 #cj percent of the amount paid or incurred by the taxpayer during the taxable year for home energy audits4 4 7#b7 ,limitation ,section #be;,c7b7 is amended adding at the end the following new paragraph3 7#d7 ,home energy audits ,the amount of the credit allowed under this section by reason of subsection 7a77#c7 shall not exceed #aej4 4 7#c7 ,home energy audits ,section #be;,c1 as amended by subsections 7a71 is amended by redesignating subsections 7e71 7f71 and 7g71 as subsections 7f71 7g71 and 7h71 respectively1 and by inserting after subsection 7d7 the following new subsection3 7e7 ,home energy audits ,for purposes of this section1 the term home energy audit means an inspection and written report with respect to a dwelling unit located in the ,united ,states and owned or used by the taxpayer as the taxpayer's principal residence 7within the meaning of section #aba7 which-- 7#a7 identifies the most significant and cost-effective energy efficiency improvements with respect to such dwelling unit1 including an estimate of the energy and cost savings with respect to each such improvement1 and 7#b7 is conducted and prepared by a home energy auditor that meets the certification or other requirements specified by the ,secretary 7after consultation with the ,secretary of ,energy1 and not later than #ahj days after the date of the enactment of this subsection7 in regulations or other guidance4 4 7#d7 ,conforming amendment ,section #ajaf7;a77#cc7 is amended by striking section #be;,c7f7 and inserting section #be;,c7g74 7l7 ,effective dates 7#a7 ,increase and modernization ,except as otherwise provided by this subsection1 the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 7#b7 ,extension ,the amendments made by subsection 7a7 shall apply to property placed in service after ,december #ca1 #bjbj4 7#c7 ,home energy audits ,the amendments made by subsection 7k7 shall apply to amounts paid or incurred after ,december #ca1 #bjbj4 #ijdbb4 ,residential energy efficient property 7a7 ,extension of credit 7#a7 ,in general ,section #be;,d7h7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbg4 7#b7 ,application of phaseout ,section #be;,d7g7 is amended-- 7,a7 in paragraph 7#a71 by striking ,january #a1 #bjbj and inserting ,january #a1 #bjbf1 7,b7 in paragraph 7#b7-- 7i7 by striking ,december #ca1 #bjai and inserting ,december #ca1 #bjbe1 and 7ii7 by striking ,january #a1 #bjba and inserting ,january #a1 #bjbg1 and 7,c7 in paragraph 7#c7-- 7i7 by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbf1 and 7ii7 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbh4 7b7 ,qualified biomass fuel property expenditures2 residential energy efficient property credit for battery storage technology 7#a7 ,in general ,section #be;,d7a7 is amended by striking and at the end of paragraph 7#d7 and by inserting after paragraph 7#e7 the following new paragraphs3 7#f7 the qualified biomass fuel property expenditures1 and 7#g7 the qualified battery storage technology expenditures1 4 7#b7 ,qualified biomass fuel property expenditures2 residential energy efficient property credit for battery storage technology ,section #be;,d7d7 is amended by adding at the end the following new paragraphs3 7#f7 ,qualified biomass fuel property expenditure 7,a7 ,in general ,the term qualified biomass fuel property expenditure means an expenditure for property-- 7i7 which uses the burning of biomass fuel to heat a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 or to heat water for use in such a dwelling unit1 and 7ii7 which has a thermal efficiency rating of at least #ge percent 7measured by the higher heating value of the fuel74 7,b7 ,biomass fuel ,for purposes of this section1 the term biomass fuel means any plant-derived fuel available on a renewable or recurring basis4 7#g7 ,qualified battery storage technology expenditure ,the term qualified battery storage technology expenditure means an expenditure for battery storage technology which-- 7,a7 is installed in connection with a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 and 7,b7 has a capacity of not less than #c kilowatt hours4 4 7#c7 ,denial of double benefit for biomass stoves 7,a7 ,in general ,section #be;,c7d77#c7 is amended by adding and at the end of subparagraph 7,c71 by striking 1 and at the end of subparagraph 7,d7 and inserting a period1 and by striking subparagraph 7,e74 7,b7 ,conforming amendment ,section #be;,c7d71 as amended by the preceding provisions of this ,act1 is amended by striking paragraph 7#e74 7c7 ,effective date ,the amendments made by this section shall apply to expenditures made after the date of the enactment of this ,act4 #ijdbc4 ,energy efficient commercial buildings deduction 7a7 ,extension ,section #agi;,d7h7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,increase in the maximum amount of deduction 7#a7 ,in general ,section #agi;,d7b7 is amended by striking #a4hj and inserting #c4 7#b7 ,inflation adjustment ,section #agi;,d1 as amended by this ,act1 is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,inflation adjustment ,in the case of a taxable year beginning after #bjbj1 each dollar amount in subsection 7b7 or subsection 7d77#a77;,a7 shall be increased by an amount equal to-- 7#a7 such dollar amount1 multiplied by 7#b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjai for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 4 7#c7 ,conforming amendment ,section #agi;,d7d77#a77;,a7 is amended by striking by substituting 4#fj for #a4hj and inserting by substituting #a for #c4 7c7 ,limit on deduction limited to three-,year period ,section #agi;,d7b77#b7 is amended by striking for all prior taxable years and inserting for the #c years immediately preceding such taxable year4 7d7 ,update of standards 7#a7 ,,ashrae standards ,section #agi;,d7c7 is amended-- 7,a7 in paragraphs 7#a77;,b77ii7 and 7#a77;,d71 by striking ,standard #ij4a-bjjg and inserting ,reference ,standard #ij4a1 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,reference ,standard #ij4a ,the term ,reference ,standard #ij4a means1 with respect to property1 the ,standard #ij4a most recently adopted 7as of the date that is #b years before the date that construction of such property begins7 by the ,american ,society of ,heating1 ,refrigerating1 and ,air ,conditioning ,engineers and the ,illuminating ,engineering ,society of ,north ,america4 4 7#b7 ,california ,nonresidential ,alternative ,calculation ,method ,approval ,manual ,section #agi;,d7d77#b7 is amended by striking #bjje and inserting #bjai4 7e7 ,change in efficiency standards ,section #agi;,d7c77#a77;,d7 is amended by striking #ej and inserting #cj 4 7f7 ,deadwood ,section #agi;,d1 as amended by subsection 7a71 is amended by striking subsection 7f7 and redesignating subsections 7g7 and 7h7 as subsections 7f7 and 7g71 respectively4 7g7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #ijdbd4 ,extension1 increase1 and modifications of new energy efficient home credit 7a7 ,extension of credit ,section #de,l7g7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,increase in credit for certain dwelling units ,section #de,l7a77#b77;,a7 is amended by striking #b1jjj and inserting #b1ejj4 7c7 ,increase in standard for heating and cooling reduction for certain units ,section #de,l7c77#a7 is amended by striking #ej percent each place such term appears and inserting #fj percent4 7d7 ,energy saving requirements modifications 7#a7 ,all ,energy ,star ,labeled homes eligible2 no reduction in standard ,section #de,l7c7 is amended by amending paragraph 7#c7 to read as follows3 7#c7 a unit which meets the requirements established by the ,administrator of the ,environmental ,protection ,agency under the ,energy ,star ,labeled ,homes program and1 in the case of a manufactured home1 which conforms to ,federal ,manufactured ,home ,construction and ,safety ,standards 7part #cbhj of title #bd1 ,code of ,federal ,regulations74 4 7#b7 ,units constructed in accordance with #bjah ,,iecc standards ,section #de,l7c71 as amended by paragraph 7#a71 is further amended by striking or at the end of paragraph 7#b71 by striking the period at the end of paragraph 7#c7 and inserting 1 or1 and by adding at the end the following new paragraph3 7#d7 certified-- 7,a7 to have a level of annual energy consumption which is at least #ae percent below the annual level of energy consumption of a comparable dwelling unit-- 7i7 which is constructed in accordance with the standards of chapter #d of the #bjah ,,iecc 7without taking into account on-site energy generation71 and 7ii7 which meets the requirements described in paragraph 7#a77;,a77ii71 and 7,b7 to have building envelope component improvements account for at least #a_/e of such #ae percent4 4 7#c7 ,conforming amendments 7,a7 ,section #de,l7c77#b7 is amended by inserting or 7#d7 after paragraph 7#a74 7,b7 ,section #de,l7a77#b77;,a7 is amended by striking or 7#b7 and inserting 1 7#b71 or 7#d74 7,c7 ,section #de,l7b7 is amended by adding at the end the following3 7#e7 #bjah ,,iecc ,the term #bjah ,,iecc means the #bjah ,international ,energy ,conservation ,code1 as such ,code 7including supplements7 is in effect on ,november #a1 #bjah4 4 7e7 ,effective dates ,the amendments made by this section shall apply to dwelling units acquired after ,december #ca1 #bjbj4 #ijdbe4 ,modifications to income exclusion for conservation subsidies 7a7 ,in general ,section #acf7;a7 is amended-- 7#a7 by striking any subsidy provided and inserting any subsidy-- 7#a7 provided 1 7#b7 by striking the period at the end and inserting a comma1 and 7#c7 by adding at the end the following new paragraphs3 7#b7 provided 7directly or indirectly7 by a public utility to a customer1 or by a ,state or local government to a resident of such ,state or locality1 for the purchase or installation of any water conservation or efficiency measure1 7#c7 provided 7directly or indirectly7 by a storm water management provider to a customer1 or by a ,state or local government to a resident of such ,state or locality1 for the purchase or installation of any storm water management measure1 or 7#d7 provided 7directly or indirectly7 by a ,state or local government to a resident of such ,state or locality for the purchase or installation of any wastewater management measure1 but only if such measure is with respect to the taxpayer's principal residence4 4 7b7 ,conforming amendments 7#a7 ,definition of water conservation or efficiency measure and storm water management measure ,section #acf7;c7 is amended-- 7,a7 by striking ,energy conservation measure in the heading thereof and inserting ,definitions1 7,b7 by striking ,in general in the heading of paragraph 7#a7 and inserting ,energy conservation measure1 and 7,c7 by redesignating paragraph 7#b7 as paragraph 7#e7 and by inserting after paragraph 7#a7 the following3 7#b7 ,water conservation or efficiency measure ,for purposes of this section1 the term water conservation or efficiency measure means any evaluation of water use1 or any installation or modification of property1 the primary purpose of which is to reduce consumption of water or to improve the management of water demand with respect to one or more dwelling units4 7#c7 ,storm water management measure ,for purposes of this section1 the term storm water management measure means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units4 7#d7 ,wastewater management measure ,for purposes of this section1 the term wastewater management measure means any installation or modification of property primarily designed to manage wastewater 7including septic tanks and cesspools7 with respect to one or more dwelling units4 4 7#b7 ,definition of public utility ,section #acf7;c77#e7 7as redesignated by paragraph 7#a77;,c77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,public utility ,the term public utility means a person engaged in the sale of electricity1 natural gas1 or water to residential1 commercial1 or industrial customers for use by such customers4 7,c7 ,storm water management provider ,the term storm water management provider means a person engaged in the provision of storm water management measures to the public4 7,d7 ,person ,for purposes of subparagraphs 7,b7 and 7,c71 the term person includes the ,federal ,government1 a ,state or local government or any political subdivision thereof1 or any instrumentality of any of the foregoing4 4 7#c7 ,clerical amendments 7,a7 ,the heading for section #acf is amended-- 7i7 by inserting and water after energy1 and 7ii7 by striking provided by public utilities4 7,b7 ,the item relating to section #acf in the table of sections of part ,,iii of subchapter ,b of chapter #a is amended-- 7i7 by inserting and water after energy1 and 7ii7 by striking provided by public utilities4 7c7 ,effective date ,the amendments made by this section shall apply to amounts received after ,december #ca1 #bjah4 7d7 ,no inference ,nothing in this ,act or the amendments made by this ,act shall be construed to create any inference with respect to the proper tax treatment of any subsidy received directly or indirectly from a public utility1 a storm water management provider1 or a ,state or local government for any water conservation measure or storm water management measure before ,january #a1 #bjba4 ,d ,greening the ,fleet and ,alternative ,vehicles #ijdca4 ,modification of limitations on new qualified plug-in electric drive motor vehicle credit 7a7 ,in general ,section #cj;,d7e7 is amended to read as follows3 7e7 ,limitation on number of new qualified plug-,in electric drive motor vehicles eligible for credit 7#a7 ,in general ,in the case of any new qualified plug-in electric drive motor vehicle sold after the date of the enactment of the ,,green ,act of #bjbj-- 7,a7 if such vehicle is sold during the transition period1 the amount determined under subsection 7b77#b7 shall be reduced by #ejj1 and 7,b7 if such vehicle is sold during the phaseout period1 only the applicable percentage of the credit otherwise allowable under subsection 7a7 shall be allowed4 7#b7 ,transition period ,for purposes of this subsection1 the transition period is the period subsequent to the first date on which the number of new qualified plug-in electric drive motor vehicles manufactured by the manufacturer of the vehicle referred to in paragraph 7#a7 sold for use in the ,united ,states after ,december #ca1 #bjji1 is at least #bjj1jjj4 7#c7 ,phaseout period 7,a7 ,in general ,for purposes of this subsection1 the phaseout period is the period beginning with the second calendar quarter following the calendar quarter which includes the first date on which the number of new qualified plug-in electric drive motor vehicles manufactured by the manufacturer of the vehicle referred to in paragraph 7#a7 sold for use in the ,united ,states after ,december #ca1 #bjji1 is at least #fjj1jjj4 7,b7 ,applicable percentage ,for purposes of paragraph 7#a77;,b71 the applicable percentage is-- 7i7 #ej percent for the first calendar quarter of the phaseout period1 and 7ii7 #j percent for each calendar quarter thereafter4 7,c7 ,exclusion of sale of certain vehicles 7i7 ,in general ,for purposes of subparagraph 7,a71 any new qualified plug-in electric drive motor vehicle manufactured by the manufacturer of the vehicle referred to in paragraph 7#a7 which was sold during the exclusion period shall not be included for purposes of determining the number of such vehicles sold4 7ii7 ,exclusion period ,for purposes of this subparagraph1 the exclusion period is the period-- 7,i7 beginning on the first date on which the number of new qualified plug-in electric drive motor vehicles manufactured by the manufacturer of the vehicle referred to in paragraph 7#a7 sold for use in the ,united ,states after ,december #ca1 #bjji1 is at least #bjj1jjj1 and 7,,ii7 ending on the date of the enactment of the ,,green ,act of #bjbj4 7#d7 ,controlled groups ,rules similar to the rules of section #cj;,b7f77#d7 shall apply for purposes of this subsection4 4 7b7 ,extension for #b- and #c-,wheeled plug-,in electric vehicles ,section #cj;,d7g77#c77;,e7 is amended to read as follows3 7,e7 is acquired after ,december #ca1 #bjbj1 and before ,january #a1 #bjbf4 4 7c7 ,effective date 7#a7 ,limitation ,the amendment made by subsection 7a7 shall apply to vehicles sold after the date of the enactment of this ,act4 7#b7 ,extension ,the amendment made by subsection 7b7 shall apply to vehicles sold after ,december #ca1 #bjbj4 #ijdcb4 ,credit for previously-owned qualified plug-in electric drive motor vehicles 7a7 ,in general ,subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #be;,d the following new section3 #be;,e4 ,previously-owned qualified plug-in electric drive motor vehicles 7a7 ,allowance of credit ,in the case of a qualified buyer who during a taxable year places in service a previously-owned qualified plug-in electric drive motor vehicle1 there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- 7#a7 #a1bej1 plus 7#b7 in the case of a vehicle which draws propulsion energy from a battery which exceeds #d kilowatt hours of capacity 7determined at the time of sale71 the lesser of-- 7,a7 #a1bej1 and 7,b7 the product of #bjh4ej and such excess kilowatt hours4 7b7 ,limitations 7#a7 ,sale price ,the credit allowed under subsection 7a7 with respect to sale of a vehicle shall not exceed #cj percent of the sale price4 7#b7 ,adjusted gross income ,the amount which would 7but for this paragraph7 be allowed as a credit under subsection 7a7 shall be reduced 7but not below zero7 by #bej for each #a1jjj 7or fraction thereof7 by which the taxpayer's adjusted gross income exceeds #cj1jjj 7twice such amount in the case of a joint return74 7c7 ,definitions ,for purposes of this section-- 7#a7 ,previously-owned qualified plug-in electric drive motor vehicle ,the term previously-owned qualified plug-in electric drive motor vehicle means1 with respect to a taxpayer1 a motor vehicle-- 7,a7 the model year of which is at least #b earlier than the calendar year in which the taxpayer acquires such vehicle1 7,b7 the original use of which commences with a person other than the taxpayer1 7,c7 which is acquired by the taxpayer in a qualified sale1 7,d7 registered by the taxpayer for operation in a ,state or possession of the ,united ,states1 and 7,e7 which meets the requirements of subparagraphs 7,c71 7,d71 7,e71 and 7,f7 of section #cj;,d7d77#a74 7#b7 ,qualified sale ,the term qualified sale means a sale of a motor vehicle-- 7,a7 by a person who holds such vehicle in inventory 7within the meaning of section #dga7 for sale or lease1 7,b7 for a sale price of less than #be1jjj1 and 7,c7 which is the first transfer since the date of the enactment of this section to a person other than the person with whom the original use of such vehicle commenced4 7#c7 ,qualified buyer ,the term qualified buyer means1 with respect to a sale of a motor vehicle1 a taxpayer-- 7,a7 who is an individual1 7,b7 who purchases such vehicle for use and not for resale1 7,c7 with respect to whom no deduction is allowable with respect to another taxpayer under section #aea1 7,d7 who has not been allowed a credit under this section for any sale during the #c-year period ending on the date of the sale of such vehicle1 and 7,e7 who possesses a certificate issued by the seller that certifies-- 7i7 that the vehicle is a previously-owned qualified plug-in electric drive motor vehicle1 7ii7 the capacity of the battery at time of sale1 and 7iii7 such other information as the ,secretary may require4 7#d7 ,motor vehicle2 capacity ,the terms motor vehicle and capacity have the meaning given such terms in paragraphs 7#b7 and 7#d7 of section #cj;,d7d71 respectively4 7d7 ,application of certain rules ,for purposes of this section1 rules similar to the rules of paragraphs 7#a71 7#b71 7#d71 7#e71 7#f7 and 7#g7 of section #cj;,d7f7 shall apply for purposes of this section4 7e7 ,certificate submission requirement ,the ,secretary may require that the issuer of the certificate described in subsection 7c77#c77;,e7 submit such certificate to the ,secretary at the time and in the manner required by the ,secretary4 7f7 ,termination ,no credit shall be allowed under this section with respect to sales after ,december #ca1 #bjbe4 4 7b7 ,clerical amendment ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #be;,d the following new item3 ,sec4 #be;,e4 ,previously-owned qualified plug-in electric drive motor vehicles4 4 7c7 ,effective date ,the amendments made by this section shall apply to sales after the date of the enactment of this ,act4 #ijdcc4 ,credit for zero-emission heavy vehicles and zero-emission buses 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new section3 #de,u4 ,zero-emission heavy vehicle credit 7a7 ,allowance of credit ,for purposes of section #ch1 in the case of a manufacturer of a zero-emission heavy vehicle1 the zero-emission heavy vehicle credit determined under this section for a taxable year is an amount equal to #aj percent of the sum of the sale price of each zero-emission heavy vehicle sold by such taxpayer during such taxable year4 7b7 ,limitation ,the sale price of a zero-emission heavy vehicle may not be taken into account under subsection 7a7 to the extent such price exceeds #a1jjj1jjj4 7c7 ,zero-,emission heavy vehicle ,for purposes of this section-- 7#a7 ,in general ,the term zero-emission heavy vehicle means a motor vehicle which-- 7,a7 has a gross vehicle weight rating of not less than #ad1jjj pounds1 7,b7 is not powered or charged by an internal combustion engine1 and 7,c7 is propelled solely by an electric motor which draws electricity from a battery or fuel cell4 7#b7 ,motor vehicle2 manufacturer ,the term motor vehicle and manufacturer have the meaning given such terms in paragraphs 7#b7 and 7#c7 of section #cj;,d7d71 respectively4 7d7 ,special rules 7#a7 ,sale price ,for purposes of this section1 the sale price of a zero-emission heavy vehicle shall be reduced by any rebate or other incentive given before1 on1 or after the date of the sale4 7#b7 ,domestic use ,no credit shall be allowed under subsection 7a7 with respect to a zero-emission heavy vehicle to a manufacturer who knows or has reason to know that such vehicle will not be used primarily in the ,united ,states or a possession of the ,united ,states4 7#c7 ,regulations ,the ,secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section4 7e7 ,termination ,this section shall not apply to sales after ,december #ca1 #bjbe4 4 7b7 ,credit made part of general business credit ,subsection 7b7 of section #ch is amended by striking plus at the end of paragraph 7#cb71 by striking the period at the end of paragraph 7#cc7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cd7 the zero-emission heavy vehicle credit determined under section #de,u4 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new item3 ,sec4 #de,u4 ,zero-emission heavy vehicle credit44 7d7 ,effective date ,the amendments made by this section shall apply to sales after the date of the enactment of this ,act4 #ijdcd4 ,qualified fuel cell motor vehicles 7a7 ,in general ,section #cj;,b7k77#a7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #ijdce4 ,alternative fuel refueling property credit 7a7 ,in general ,section #cj;,c7g7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,additional credit for certain electric charging property 7#a7 ,in general ,section #cj;,c7a7 is amended-- 7,a7 by striking equal to #cj percent and inserting the following3 equal to the sum of-- 7#a7 #cj percent 1 7,b7 by striking the period at the end and inserting 1 plus1 and 7,c7 by adding at the end the following new paragraph3 7#b7 #bj percent of so much of such cost as exceeds the limitation under subsection 7b77#a7 that does not exceed the amount of cost attributable to qualified alternative vehicle refueling property 7determined without regard to paragraphs 7#a71 7#b77;,a71 and 7#b77;,b7 of subsection 7c77 which-- 7,a7 is intended for general public use and recharges motor vehicle batteries with no associated fee or payment arrangement1 7,b7 is intended for general public use and accepts payment via a credit card reader1 or 7,c7 is intended for use exclusively by fleets of commercial or governmental vehicles4 4 7#b7 ,conforming amendment ,section #cj;,c7b7 is amended-- 7,a7 by striking ,the credit allowed under subsection 7a7 and inserting ,the amount of cost taken into account under subsection 7a77#a71 7,b7 by striking #cj1jjj and inserting #ajj1jjj1 and 7,c7 by striking #a1jjj and inserting #c1ccc4cc4 7c7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #ijdcf4 ,modification of employer-provided fringe benefits for bicycle commuting 7a7 ,repeal of suspension of exclusion for qualified bicycle commuting reimbursement ,section #acb7;f7 is amended by striking paragraph 7#h74 7b7 ,commuting fringe includes bikeshare 7#a7 ,in general ,clause 7i7 of section #acb7;f77#e77;,f7 is amended by striking a bicycle and all that follows and inserting bikeshare1 a bicycle1 and bicycle improvements1 repair1 and storage1 if the employee regularly uses such bikeshare or bicycle for travel between the employee's residence and place of employment or mass transit facility that connects an employee to their place of employment44 7#b7 ,bikeshare ,section #acb7;f77#e77;,f7 is amended by adding at the end the following3 7iv7 ,bikeshare ,the term bikeshare means a bicycle rental operation at which bicycles are made available to customers to pick up and drop off for point-to-point use within a defined geographic area4 4 7c7 ,low-,speed electric bicycles ,section #acb7;f77#e77;,f71 as amended by subsection 7b77#b71 is amended by adding at the end the following3 7v7 ,low-speed electric bicycles ,the term bicycle includes a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than #gej watts 7#a h4p471 whose maximum speed on a paved level surface1 when powered solely by such a motor while ridden by an operator who weighs #agj pounds1 is less than #bj mph4 4 7d7 ,modification relating to bicycle commuting month ,clause 7iii7 of section #acb7;f77#e77;,f7 is amended to read as follows3 7iii7 ,qualified bicycle commuting month ,the term qualified bicycle commuting month means1 with respect to any employee1 any month during which such employee regularly uses a bicycle for a portion of the travel between the employee's residence and place of employment4 4 7e7 ,limitation on exclusion 7#a7 ,in general ,subparagraph 7,c7 of section #acb7;f77#b7 is amended by striking applicable annual limitation and inserting applicable monthly limitation4 7#b7 ,applicable monthly limitation defined ,clause 7ii7 of section #acb7;f77#e77;,f7 is amended to read as follows3 7ii7 ,applicable monthly limitation ,the term applicable monthly limitation1 with respect to any employee for any month1 means an amount equal to #bj percent of the dollar amount in effect for the month under paragraph 7#b77;,b74 4 7#c7 ,aggregate limitation ,subparagraph 7,b7 of section #acb7;f77#b7 is amended by inserting and the applicable monthly limitation in the case of any qualified bicycle commuting benefit4 7f7 ,no constructive receipt ,paragraph 7#d7 of section #acb7;f7 is amended by striking 7other than a qualified bicycle commuting reimbursement74 7g7 ,conforming amendments ,paragraphs 7#a77;,d71 7#b77;,c71 and 7#e77;,f7 of section #acb7;f7 are each amended by striking reimbursement each place it appears and inserting benefit4 7h7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 ,e ,investment in the ,green ,workforce #ijdda4 ,extension of the advanced energy project credit 7a7 ,in general ,section #dh;,c is amended by redesignating subsection 7e7 as subsection 7f7 and by inserting after subsection 7d7 the following new subsection3 7e7 ,additional allocations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this paragraph1 the ,secretary1 after consultation with the ,secretary of ,energy1 shall establish a program to designate amounts of qualifying advanced project credit limitation to qualifying advanced energy projects4 7#b7 ,annual limitation 7,a7 ,in general ,the amount of qualifying advanced project credit limitation that may be designated under this subsection during any calendar year shall not exceed the annual credit limitation with respect to such year4 7,b7 ,annual credit limitation ,for purposes of this subsection1 the term annual credit limitation means #b1ejj1jjj1jjj for each of calendar years #bjba1 #bjbb1 #bjbc1 #bjbd1 and #bjbe1 and zero thereafter4 7,c7 ,carryover of unused limitation ,if the annual credit limitation for any calendar year exceeds the aggregate amount designated for such year under this subsection1 such limitation for the succeeding calendar year shall be increased by the amount of such excess4 ,no amount may be carried under the preceding sentence to any calendar year after #bjbe4 7#c7 ,placed in service deadline ,no credit shall be determined under subsection 7a7 with respect to any property which is placed in service after the date that is #d years after the date of the designation under this subsection relating to such property4 7#d7 ,selection criteria ,selection criteria similar to those in subsection 7d77#c7 shall apply1 except that in determining designations under this subsection1 the ,secretary1 after consultation with the ,secretary of ,energy1 shall-- 7,a7 require that applicants provide written assurances to the ,secretary that all laborers and mechanics employed by contractors and subcontractors in the performance of construction1 alteration or repair work on a qualifying advanced energy project 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 #ca of title #dj1 ,united ,states ,code1 and 7,b7 give the highest priority to projects which-- 7i7 manufacture 7other than primarily assembly of components7 property described in a subclause of subsection 7c77#a77;,a77i7 7or components thereof71 and 7ii7 have the greatest potential for commercial deployment of new applications4 7#e7 ,disclosure of designations ,rules similar to the rules of subsection 7d77#e7 shall apply for purposes of this subsection4 4 7b7 ,clarification with respect to electrochromatic glass ,section #dh;,c7c77#a777;,a77i77,v7 is amended-- 7#a7 by striking and smart grid and inserting 1 smart grid1 and 7#b7 by inserting 1 and electrochromatic glass before the comma at the end4 7c7 ,effective date ,the amendment made by this section shall take effect on the date of the enactment of this ,act4 7d7 ,progress report ,during the #cj-;day period ending on ,december #ca1 #bjbe1 the ,secretary of the ,treasury 7or the ,secretary's delegate71 after consultation with the ,secretary of ,labor1 shall submit a report to ,congress on the domestic job creation1 wages associated with such jobs1 and the amount of such wages paid as described in section #dh;,c7e77#d77;,b7 of the ,internal ,revenue ,code of #aihf1 attributable to the amendment made by this section4 #ijddb4 ,labor costs of installing mechanical insulation property 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is further amended by adding at the end the following new section3 #de,v4 ,labor costs of installing mechanical insulation property 7a7 ,in general ,for purposes of section #ch1 the mechanical insulation labor costs credit determined under this section for any taxable year is an amount equal to #aj percent of the mechanical insulation labor costs paid or incurred by the taxpayer during such taxable year4 7b7 ,mechanical insulation labor costs ,for purposes of this section-- 7#a7 ,in general ,the term mechanical insulation labor costs means the labor cost of installing mechanical insulation property with respect to a mechanical system referred to in paragraph 7#b77;,a7 which was originally placed in service not less than #a year before the date on which such mechanical insulation property is installed4 7#b7 ,mechanical insulation property ,the term mechanical insulation property means insulation materials1 and facings and accessory products installed in connection to such insulation materials-- 7,a7 placed in service in connection with a mechanical system which-- 7i7 is located in the ,united ,states1 and 7ii7 is of a character subject to an allowance for depreciation1 and 7,b7 which result in a reduction in energy loss from the mechanical system which is greater than the expected reduction from the installation of insulation materials which meet the minimum requirements of ,reference ,standard #ij4a 7as defined in section #agi;,d7c77#b774 7c7 ,termination ,this section shall not apply to mechanical insulation labor costs paid or incurred after ,december #ca1 #bjbe4 4 7b7 ,credit allowed as part of general business credit ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is further amended by striking plus at the end of paragraph 7#cc71 by striking the period at the end of paragraph 7#cd7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#ce7 the mechanical insulation labor costs credit determined under section #de,v7a74 4 7c7 ,conforming amendments 7#a7 ,section #bhj;,c is amended by adding at the end the following new subsection3 7i7 ,mechanical insulation labor costs credit 7#a7 ,in general ,no deduction shall be allowed for that portion of the mechanical insulation labor costs 7as defined in section #de,v7b77 otherwise allowable as deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section #de,v7a74 7#b7 ,similar rule where taxpayer capitalizes rather than deducts expenses ,if-- 7,a7 the amount of the credit determined for the taxable year under section #de,v7a71 exceeds 7,b7 the amount of allowable as a deduction for such taxable year for mechanical insulation labor costs 7determined without regard to paragraph 7#a771 the amount chargeable to capital account for the taxable year for such costs shall be reduced by the amount of such excess4 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is further amended by adding at the end the following new item3 ,sec4 #de,v4 ,labor costs of installing mechanical insulation property4 4 7d7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred after ,december #ca1 #bjbj1 in taxable years ending after such date4 #ijddc4 ,labor standards for certain energy jobs 7a7 ,department of labor certification of qualified entities 7#a7 ,definitions ,in this subsection-- 7,a7 ,applicable construction project ,the term applicable construction project means1 with respect to any entity-- 7i7 the installation of any qualified alternative fuel vehicle refueling property 7as defined in section #cj;,c7c7 of the ,internal ,revenue ,code of #aihf71 7ii7 the installation of any qualified energy property described in section #dh;,d7a77#a7 of such ,code1 7iii7 the installation of any qualified property referred to in paragraph 7#b7 of section #dh;,d7a7 of such ,code as part of any qualified investment credit facility described in such paragraph1 and 7iv7 the installation of any energy efficient commercial building property 7as defined in section #agi;,d7c77#a7 of such ,code74 7,b7 ,covered project labor agreement ,the term covered project labor agreement means a project labor agreement that-- 7i7 binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents1 7ii7 allows all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise a party to a collective bargaining agreement1 7iii7 contains guarantees against strikes1 lockouts1 and other similar job disruptions1 7iv7 sets forth effective1 prompt1 and mutually binding procedures for resolving labor disputes arising during the covered project labor agreement1 and 7v7 provides other mechanisms for labor-management cooperation on matters of mutual interest and concern1 including productivity1 quality of work1 safety1 and health4 7,c7 ,project labor agreement ,the term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is described in section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7,d7 ,installation includes on-site construction ,any reference in this subsection to the installation of any property shall include the construction of such property if such construction is performed on the site where such property is installed4 7,e7 ,qualified entity ,the term qualified entity means an entity that the ,secretary of ,labor certifies as a qualified entity in accordance with paragraph 7#b74 7,f7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 including any requirement1 standard1 or rule promulgated under such ,act1 as such requirement1 standard1 or rule was in effect on ,december #cj1 #bjai4 7#b7 ,certification of qualified entities 7,a7 ,in general ,the ,secretary of ,labor shall establish a process for certifying entities that submit an application under subparagraph 7,b7 as qualified entities with respect to applicable construction projects for purposes of the amendments made by subsections 7b71 7c71 and 7d74 7,b7 ,application process 7i7 ,in general ,an entity seeking certification as a qualified entity under this paragraph shall submit an application to the ,secretary of ,labor at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including information to demonstrate compliance with the requirements under subparagraph 7,c74 7ii7 ,requests for additional information ,not later than #a year after receiving an application from an entity under clause 7i7-- 7,i7 the ,secretary of ,labor may request additional information from the entity in order to determine whether the entity is in compliance with the requirements under subparagraph 7,c71 and 7,,ii7 the entity shall provide such additional information4 7iii7 ,determination deadline ,the ,secretary of ,labor shall make a determination on whether to certify an entity under this subsection not later than-- 7,i7 in a case in which the ,secretary requests additional information described in paragraph 7#b77;,b77ii71 #a year after the ,secretary receives such additional information from the entity1 or 7,,ii7 in a case that is not described in subclause 7,i71 #a year after the date on which the entity submits the application under clause 7i74 7iv7 ,precertification remedies ,the ,secretary shall consider any corrective actions taken by an entity seeking certification under this paragraph to remedy an administrative merits determination1 arbitral award or decision1 or civil judgment identified under subparagraph 7,c77iii7 and shall impose as a condition of certification any additional remedies necessary to avoid further or repeated violations4 7,c7 ,labor standards requirements ,the ,secretary of ,labor shall require an entity1 as a condition of certification under this subsection1 to satisfy each of the following requirements3 7i7 ,the entity shall ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of any applicable construction project 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 #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7ii7 ,in the case of any applicable construction project the cost of which exceeds #be1jjj1jjj1 the entity shall be a party to1 or require contractors and subcontractors in the performance of such applicable construction project to consent to1 a covered project labor agreement4 7iii7 ,the entity1 and all contractors and subcontractors in performance of any applicable construction project1 shall represent in the application submitted under subparagraph 7,b7 7and periodically thereafter during the performance of the applicable construction project as the ,secretary of ,labor may require7 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the entity in the preceding #c years 7or1 in the case of disclosures after the initial disclosure1 during such period as the ,secretary of ,labor may provide7 for violations of-- 7,i7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 7,,ii7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq471 7,,iii7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq471 7,,iv7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 7,v7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act71 7,,vi7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act71 7,,vii7 ,executive ,order ,no4 #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity71 7,,viii7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic71 7,,ix7 section #dbab of title #ch1 ,united ,states ,code1 7,x7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq471 7,,xi7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 7,,xii7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 7,,xiii7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq471 7,,xiv7 ,federal ,government standards establishing a minimum wage for contractors1 or 7,,xv7 equivalent ,state laws1 as defined in guidance issued by the ,secretary of ,labor4 7iv7 ,the entity1 and all contractors and subcontractors in the performance of any applicable construction project1 shall not require mandatory arbitration for any dispute involving a worker engaged in a service for the entity unless such worker is covered by a collective bargaining agreement that provides otherwise4 7v7 ,the entity1 and all contractors and subcontractors in the performance of any applicable construction project1 shall consider an individual performing any service in such performance as an employee 7and not an independent contractor7 of the entity1 contractor1 or subcontractor1 respectively1 unless-- 7,i7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of the service and in fact1 7,,ii7 the service is performed outside the usual course of the business of the entity1 contractor1 or subcontractor1 respectively1 and 7,,iii7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in such service4 7vi7 ,the entity shall prohibit all contractors and subcontractors in the performance of any applicable construction project from hiring employees through a temporary staffing agency unless the relevant ,state workforce agency certifies that temporary employees are necessary to address an acute1 short-term labor demand4 7vii7 ,the entity shall require all contractors1 subcontractors1 successors in interest of the entity1 and other entities that may acquire the entity1 in the performance or acquisition of any applicable construction project1 to have an explicit neutrality policy on any issue involving the organization of employees of the entity1 and all contractors and subcontractors in the performance of any applicable construction project1 for purposes of collective bargaining4 7viii7 ,the entity shall require all contractors and subcontractors to participate in a registered apprenticeship program for each skilled craft employed on any applicable construction project4 7ix7 ,the entity1 and all contractors and subcontractors in the performance of any applicable construction project1 shall not request or otherwise consider the criminal history of an applicant for employment before extending a conditional offer to the applicant1 unless-- 7,i7 a background check is otherwise required by law1 7,,ii7 the position is for a ,federal law enforcement officer 7as defined in section #aae7;c77#a7 of title #ah1 ,united ,states ,code7 position1 or 7,,iii7 the ,secretary of ,labor1 after consultation with the ,secretary of ,energy1 certifies that precluding criminal history prior to the conditional offer would pose a threat to national security4 7,d7 ,davis-bacon act ,the ,secretary of ,labor shall have1 with respect to the labor standards described in subparagraph 7,c77i71 the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7,e7 ,period of validity for certifications ,a certification made under this subsection shall be in effect for a period of #e years4 ,an entity may reapply to the ,secretary of ,labor for an additional certification under this subsection in accordance with the application process under paragraph 7#b77;,b74 7,f7 ,revocation of qualified entity status ,the ,secretary of ,labor may revoke the certification of an entity under this subsection as a qualified entity at any time in which the ,secretary reasonably determines the entity is no longer in compliance with paragraph 7#b77;,c74 7,g7 ,certification may cover more than one substantially similar project ,the ,secretary of ,labor may make certifications under this paragraph which apply with respect to more than one project if the projects to which such certification apply are substantially similar projects which meet the requirements of this subsection4 ,such projects shall be treated as a specific construction project for purposes of paragraph 7#a77;,c74 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for fiscal year #bjbj and each fiscal year thereafter4 7b7 ,jobs in energy credit 7#a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #dh;,c the following new section3 #dh;,d4 ,jobs in energy credit 7a7 ,investment credit for qualified property ,for purposes of section #df1 the jobs in energy credit for any taxable year is an amount equal to #aj percent of the basis of any qualified energy property placed in service by the taxpayer during such taxable year if the installation of such property is performed by a qualified entity with respect to such property4 7b7 ,qualified energy property ,for purposes of this section1 the term qualified energy property means-- 7#a7 energy property 7as defined in section #dh7;a77#c771 or 7#b7 qualified property which is part of a qualified investment credit facility 7as defined in section #dh7;a77#e7 without regard to clause 7a77#e77;,c77iii77 which is originally placed in service after ,december #ca1 #bjbj4 7c7 ,qualified entity ,for purposes of this section-- 7#a7 ,in general ,the term qualified entity means1 with respect to the installation of any qualified energy property1 an entity which is certified by the ,secretary of ,labor as being in compliance with all of the applicable requirements under section #ijddc7;a7 of the ,,green ,act of #bjbj with respect to such installation at all times during the period beginning on the date on which the installation of such property begins and ending on the date on which such property is placed in service4 7#b7 ,certification of facility required ,in the case of any qualified property referred to in subsection 7b77#b71 an entity shall be treated as a qualified entity with respect to the installation of such property only if the ,secretary of ,labor has certified that the construction of the qualified investment credit facility of which such qualified property is a part as being in compliance with all of the applicable requirements under section #ijddc7;a7 of the ,,green ,act of #bjbj for the period referred to in paragraph 7#a74 7d7 ,special ,rules 7#a7 ,certain progress expenditure rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of subsection 7a74 7#b7 ,special rule for property financed by subsidized energy financing or industrial development bonds ,for purposes of subsection 7a71 rules similar to the rules of section #dh7;a77#d7 shall apply for purposes of determining the basis of any qualified energy property4 7#c7 ,installation includes on-site construction ,any reference in this section to the installation of any property shall include the construction of such property if such construction is performed on the site where such property is installed4 7#d7 ,recapture ,if the ,secretary of ,labor revokes the certification of a qualified entity with respect to the installation of any property1 the tax imposed under this chapter on the taxpayer to whom the credit determined under this section is allowed shall be increased for the taxable year which includes the date of such revocation by an amount equal to the aggregate decrease in the credits allowed under section #ch for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property4 7#e7 ,election not to have section apply ,this section shall not apply with respect to any taxpayer for any taxable year if such taxpayer elects 7at such time and in such manner as the ,secretary may prescribe7 not to have this section apply4 4 7#b7 ,conforming amendments 7,a7 ,section #df of such ,code is amended by striking and at the end of paragraph 7#e71 by striking the period at the end of paragraph 7#f7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#g7 the jobs in energy credit4 4 7,b7 ,section #di7;a77#a77;,c7 of such ,code is amended by striking and at the end of clause 7iv71 by striking the period at the end of clause 7v7 and inserting a comma1 and by adding at the end the following new clause3 7vi7 the basis of any qualified energy property under section #dh;,d4 4 7,c7 ,section #ej7;a77#b77;,e7 of such ,code is amended by striking or #dh;,c7b77#b7 and inserting #dh;,c7b77#b71 or #dh;,d7d77#a74 7,d7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,c the following new item3 ,sec4 #dh;,d4 ,jobs in energy credit4 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to periods after ,december #ca1 #bjbj1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 7c7 ,increase in energy efficient commercial building deduction for installation by qualified entities 7#a7 ,in general ,section #agi;,d7d7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7#g7 ,adjustment for qualified entities ,in the case of any energy efficient commercial building property which was installed 7within the meaning of section #dh;,d7d77#c77 by an entity which is certified by the ,secretary of ,labor as being in compliance with all of the applicable requirements under section #ijddc7;a7 of the ,,green ,act of #bjbj with respect to such installation1 subsection 7b77#a77;,a7 shall be applied by substituting #c4bj for #c4 4 7#b7 ,conforming amendment ,section #agi;,d7d77#a77;,a7 of such ,code is amended by inserting 7or1 in the case of property to which paragraph 7#g7 applies1 by substituting #a4jg for #c4bj in such paragraph7 before the period at the end4 7#c7 ,effective date ,the amendments made by this subsection shall apply to property placed in service after ,december #ca1 #bjbj4 7d7 ,increase in alternative fuel vehicle refueling property credit for installation by qualified entities 7#a7 ,in general ,section #cj;,c7a71 as amended by the preceding provisions of this ,act1 is amended by striking plus at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#c7 in the case of any qualified alternative fuel vehicle refueling property which was installed 7within the meaning of section #dh;,d7d77#c77 by an entity which is certified by the ,secretary of ,labor as being in compliance with all of the applicable requirements under section #ijddc7;a7 of the ,,green ,act of #bjbj with respect to such installation1 #aj percent of the amount of costs taken into account under paragraph 7#a7 with respect to such property4 4 7#b7 ,effective date ,the amendments made by this subsection shall apply to property placed in service after ,december #ca1 #bjbj4 ,f ,environmental ,justice #ijdea4 ,qualified environmental justice program credit 7a7 ,in general ,subpart ,c of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new section3 #cf;,c4 ,qualified environmental justice programs 7a7 ,allowance of credit ,in the case of an eligible educational institution1 there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the applicable percentage of the amounts paid or incurred by such taxpayer during such taxable year which are necessary for a qualified environmental justice program4 7b7 ,qualified environmental justice program ,for purposes of this section-- 7#a7 ,in general ,the term qualified environmental justice program means a program conducted by one or more eligible educational institutions that is designed to address1 or improve data about1 qualified environmental stressors for the primary purpose of improving1 or facilitating the improvement of1 health and economic outcomes of individuals residing in low-income areas or areas populated disproportionately by racial or ethnic minorities4 7#b7 ,qualified environmental stressor ,the term qualified environmental stressor means1 with respect to an area1 a contamination of the air1 water1 soil1 or food with respect to such area or a change relative to historical norms of the weather conditions of such area4 7c7 ,eligible educational institution ,for purposes of this section1 the term eligible educational institution means an institution of higher education 7as such term is defined in section #aja or #ajb7;c7 of the ,higher ,education ,act of #aife7 that is eligible to participate in a program under title ,,iv of such ,act4 7d7 ,applicable percentage ,for purposes of this section1 the term applicable percentage means-- 7#a7 in the case of a program involving material participation of faculty and students of an institution described in section #cga7;a7 of the ,higher ,education ,act of #aife1 #cj percent1 and 7#b7 in all other cases1 #bj percent4 7e7 ,credit allocation 7#a7 ,allocation 7,a7 ,in general ,the ,secretary shall allocate credit dollar amounts under this section to eligible educational institutions1 for qualified environmental justice programs1 that-- 7i7 submit applications at such time and in such manner as the ,secretary may provide1 and 7ii7 are selected by the ,secretary under subparagraph 7,b74 7,b7 ,selection criteria ,the ,secretary1 after consultation with the ,secretary of ,energy1 the ,secretary of ,education1 the ,secretary of ,health and ,human ,services1 and the ,administrator of the ,environmental ,protection ,agency1 shall select applications on the basis of the following criteria3 7i7 ,the extent of participation of faculty and students of an institution described in section #cga7;a7 of the ,higher ,education ,act of #aife4 7ii7 ,the extent of the expected effect on the health or economic outcomes of individuals residing in areas within the ,united ,states that are low-income areas or areas populated disproportionately by racial or ethnic minorities4 7iii7 ,the creation or significant expansion of qualified environmental justice programs4 7#b7 ,limitations 7,a7 ,in general ,the amount of the credit determined under this section for any taxable year to any eligible educational institution for any qualified environmental justice program shall not exceed the excess of-- 7i7 the credit dollar amount allocated to such institution for such program under this subsection1 over 7ii7 the credits previously claimed by such institution for such program under this section4 7,b7 ,five-year limitation ,no amounts paid or incurred after the #e-year period beginning on the date a credit dollar amount is allocated to an eligible educational institution for a qualified environmental justice program shall be taken into account under subsection 7a7 with respect to such institution for such program4 7,c7 ,allocation limitation ,the total amount of credits that may be allocated under the program shall not exceed-- 7i7 #a1jjj1jjj1jjj for each of #bjba1 #bjbb1 #bjbc1 #bjbd1 and #bjbe1 and 7ii7 #j for each subsequent year4 7f7 ,requirements 7#a7 ,in general ,an eligible educational institution that has been allocated credit dollar amounts under this section for a qualified environmental justice project for a taxable year shall-- 7,a7 make publicly available the application submitted to the ,secretary under subsection 7e7 with respect to such project1 and 7,b7 submit an annual report to the ,secretary that describes the amounts paid or incurred for1 and expected impact of1 such project4 7#b7 ,failure to comply ,in the case of an eligible educations institution that has failed to comply with the requirements of this subsection1 the credit dollar amount allocated to such institution under this section is deemed to be #j4 7g7 ,public disclosure ,the ,secretary1 upon making an allocation of credit dollar amounts under this section1 shall publicly disclose-- 7#a7 the identity of the eligible educational institution receiving the allocation1 and 7#b7 the amount of such allocation4 4 7b7 ,conforming amendments 7#a7 ,section #fbaa7;b77#d77;,a7 is amended by inserting #cf;,c1 after #cf;,b14 7#b7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting #cf;,c1 after #cf;,b14 7c7 ,clerical amendment ,the table of sections for subpart ,c of part ,,iv of subchapter ,a of chapter #a is amended by inserting after the item relating to section #cf;,b the following new item3 ,sec4 #cf;,c4 ,qualified environmental justice programs4 4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 ,g ,treasury report on data from the ,greenhouse ,gas ,reporting ,program #ijdfa4 ,report on ,greenhouse ,gas ,reporting ,program 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall submit a report to ,congress on the utility of the data from the ,greenhouse ,gas ,reporting ,program for determining the amount of greenhouse gases emitted by each taxpayer for the purpose of imposing a fee on such taxpayers with respect to such emissions4 ,such report shall include a detailed description and analysis of any administrative or other challenges associated with using such data for such purpose4 7b7 ,greenhouse ,gas ,reporting ,program ,for purposes of this section1 the term ,greenhouse ,gas ,reporting ,program means the reporting program established by the ,administrator of the ,environmental ,protection ,agency under title ,,ii of division ,f of the ,consolidated ,appropriations ,act1 #bjjh4 ,v ,disaster and resiliency #ijeja4 ,exclusion of amounts received from state-based catastrophe loss mitigation programs 7a7 ,in general ,section #aci of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,state-,based catastrophe loss mitigation programs 7#a7 ,in general ,gross income shall not include any amount received by an individual as a qualified catastrophe mitigation payment under a program established by a ,state1 or a political subdivision or instrumentality thereof1 for the purpose of making such payments4 7#b7 ,qualified catastrophe mitigation payment ,for purposes of this section1 the term qualified catastrophe mitigation payment means any amount which is received by an individual to make improvements to such individual's residence for the sole purpose of reducing the damage that would be done to such residence by a windstorm1 earthquake1 or wildfire4 7#c7 ,no increase in basis ,rules similar to the rules of subsection 7g77#c7 shall apply in the case of this subsection4 4 7b7 ,conforming amendments 7#a7 ,section #aci7;d7 is amended by striking and qualified and inserting 1 qualified catastrophe mitigation payments1 and qualified4 7#b7 ,section #aci7;i7 7as redesignated by subsection 7a77 is amended by striking or qualified and inserting 1 qualified catastrophe mitigation payment1 or qualified4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #ijejb4 ,repeal of temporary limitation on personal casualty losses 7a7 ,in general ,section #afe7;h7 is amended by striking paragraph 7#e74 7b7 ,effective date ,the amendment made by this section shall apply to losses incurred in taxable years beginning after ,december #ca1 #bjag4 7c7 ,regulations ,the ,secretary of the ,treasury1 or the ,secretary's designee1 shall issue regulations or other guidance consistent with ,revenue ,procedure #bjag-fj to implement the amendment made by this section4 ,,vi ,housing ,a ,low-,income ,housing ,tax ,credit ,improvements #ijfja4 ,extension of period for rehabilitation expenditures 7a7 ,in general ,clause 7ii7 of section #db7;e77#c77;,a7 is amended by inserting 7any #cf-month period1 in the case of buildings receiving an allocation of housing credit dollar amount before ,january #a1 #bjbb7 after #bd-month period4 7b7 ,conforming amendment ,subparagraph 7,a7 of section #db7;e77#d7 is amended by inserting 7or #cf-month period1 if applicable7 after #bd-month period4 7c7 ,effective date ,the amendments made by this section shall apply to buildings receiving an allocation of housing credit dollar amount after ,december #ca1 #bjaf4 #ijfjb4 ,extension of basis expenditure deadline 7a7 ,in general ,clause 7i7 of section #db7;h77#a77;,e7 is amended by inserting 7the third calendar year1 in the case of an allocation made before ,january #a1 #bjbb7 after second calendar year4 7b7 ,qualified building ,clause 7ii7 of section #db7;h77#a77;,e7 is amended-- 7#a7 by striking the date which is #a year after the date that the allocation was made and inserting the applicable date1 7#b7 by inserting 7or third1 if applicable7 after second in the first sentence1 7#c7 by inserting 7or third7 after second in the second sentence1 7#d7 by striking building4--,for purposes of and inserting 8building4-- 7,i7 ,in general ,for purposes of 1 and 7#e7 by adding at the end the following new subclause3 7,,ii7 ,applicable date ,for purposes of subclause 7,i71 the applicable date is #a year after the date that the allocation was made with respect to the building 7#b years1 in the case of allocations made before ,january #a1 #bjbb74 4 7c7 ,effective date ,the amendments made by this section shall apply to buildings receiving an allocation of housing credit dollar amount after ,december #ca1 #bjaf4 #ijfjc4 ,tax-exempt bond financing requirement 7a7 ,in general ,subparagraph 7,b7 of section #db7;h77#d7 is amended by adding at the end the following3 ,in the case of buildings financed by an obligation issued in calendar years ending before ,january #a1 #bjbb1 the preceding sentence shall be applied by substituting #be percent for #ej percent44 7b7 ,effective date ,the amendment made by this section shall apply to buildings placed in service in taxable years beginning after ,december #ca1 #bjai4 #ijfjd4 ,minimum credit rate 7a7 ,in general ,subsection 7b7 of section #db is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d71 and 7#b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,minimum credit rate ,in the case of any new or existing building to which paragraph 7#b7 does not apply1 the applicable percentage shall not be less than #d percent4 4 7b7 ,effective date ,the amendments made by this section shall apply to buildings which receive allocations of housing credit dollar amount or1 in the case of projects financed by tax-exempt bonds as described in section #db7;h77#d7 of the ,internal ,revenue ,code of #aihf1 which are placed in service by the taxpayer after ,january #bj1 #bjbj4 #ijfje4 ,increases in ,state allocations 7a7 ,in general ,clause 7ii7 of section #db7;h77#c77;,c7 is amended-- 7#a7 by striking #a4ge in subclause 7,i7 and inserting #d4ef 7#c4eh in the case of calendar year #bjba71 and 7#b7 by striking #b1jjj1jjj in subclause 7,,ii7 and inserting #e1bad1jea 7#d1jig1dhf in the case of calendar year #bjba74 7b7 ,cost-of-,living adjustment ,subparagraph 7,h7 of section #db7;h77#c7 is amended-- 7#a7 by striking #bjjb in clause 7i7 and inserting #bjbj1 7#b7 by striking the #b1jjj1jjj and #a4ge amounts in subparagraph 7,c7 in clause 7i7 and inserting the dollar amounts applicable to such calendar year under subclauses 7,i7 and 7,,ii7 of subparagraph 7,c77ii71 7#c7 by striking #bjja in clause 7i77,,ii7 and inserting #bjai1 7#d7 by striking #b1jjj1jjj amount in clause 7ii77,i7 and inserting amount under subparagraph 7,c77ii77,,ii71 and 7#e7 by striking #a4ge amount in clause 7ii77,,ii7 and inserting amount under subparagraph 7,c77ii77,i74 7c7 ,effective date ,the amendments made by this section shall apply to calendar years beginning after ,december #ca1 #bjbj4 #ijfjf4 ,increase in credit for certain projects designated to serve extremely low-income households 7a7 ,in general ,paragraph 7#e7 of section #db7;d7 is amended by adding at the end the following new subparagraph3 7,c7 ,increase in credit for projects designated to serve extremely low-income households ,in the case of any building-- 7i7 #bj percent or more of the residential units in which are rent-restricted 7determined as if the imputed income limitation applicable to such units were #cj percent of area median gross income7 and are designated by the taxpayer for occupancy by households the aggregate household income of which does not exceed the greater of-- 7,i7 #cj percent of area median gross income1 or 7,,ii7 #ajj percent of an amount equal to the ,federal poverty line 7within the meaning of section #cf;,b7d77#c771 and 7ii7 which is designated by the housing credit agency as requiring the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project1 subparagraph 7,b7 shall not apply to the portion of such building which is comprised of such units1 and the eligible basis of such portion of the building shall be #aej percent of such basis determined without regard to this subparagraph4 4 7b7 ,reserved ,state allocation ,subparagraph 7,c7 of section #db7;h77#c7 is amended-- 7#a7 by striking plus at the end of clause 7iii71 7#b7 by striking the period at the end of clause 7iv7 and inserting 1 plus1 7#c7 by inserting after clause 7iv7 the following new clause3 7v7 an amount equal to #aj percent of the sum of the amounts determined under clauses 7i71 7ii71 7iii71 and 7iv7 7if any74 1 and 7#d7 by adding at the end the following3 ,any amount allocated pursuant to clause 7v7 shall be accounted for separately and shall be allocated only to buildings to which subsection 7d77#e77;,c7 applies44 7c7 ,effective date ,the amendments made by this section shall apply to buildings which receive allocations of housing credit dollar amount or1 in the case of projects financed by tax-exempt bonds as described in section #db7;h77#d7 of the ,internal ,revenue ,code of #aihf1 which receive a determination of housing credit dollar amount1 after the date of the enactment of this ,act4 #ijfjg4 ,inclusion of ,indian areas as difficult development areas for purposes of certain buildings 7a7 ,in general ,subclause 7,i7 of section #db7;d77#e77;,b77iii7 is amended by inserting before the period the following3 1 and any ,indian area4 7b7 ,indian area ,clause 7iii7 of section #db7;d77#e77;,b7 is amended by redesignating subclause 7,,ii7 as subclause 7,,iv7 and by inserting after subclause 7,i7 the following new subclauses3 7,,ii7 ,indian area ,for purposes of subclause 7,i71 the term ,indian area means any ,indian area 7as defined in section #d7aa7 of the ,native ,american ,housing ,assistance and ,self ,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7aa7774 7,,iii7 ,special rule for buildings in ,indian areas ,in the case of an area which is a difficult development area solely because it is an ,indian area1 a building shall not be treated as located in such area unless such building is assisted or financed under the ,native ,american ,housing ,assistance and ,self ,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq47 or the project sponsor is an ,indian tribe 7as defined in section #de;,a7c77#f771 a tribally designated housing entity 7as defined in section #d7bb7 of such ,act 7#be ,u4,s4,c4 #dajc7bb7771 or wholly owned or controlled by such an ,indian tribe or tribally designated housing entity4 4 7c7 ,effective date ,the amendments made by this section shall apply to buildings placed in service after ,december #ca1 #bjai4 #ijfjh4 ,inclusion of rural areas as difficult development areas 7a7 ,in general ,subclause 7,i7 of section #db7;d77#e77;,b77iii71 as amended by the preceding sections of this ,act1 is amended by inserting 1 any rural area after median gross income4 7b7 ,rural area ,clause 7iii7 of section #db7;d77#e77;,b71 as amended by the preceding sections of this ,act1 is further amended by redesignating subclause 7,,iv7 as subclause 7,v7 and by inserting after subclause 7,,iii7 the following new subclause3 7,,iv7 ,rural area ,for purposes of subclause 7,i71 the term rural area means any non-metropolitan area1 or any rural area as defined by section #ebj of the ,housing ,act of #aidi1 which is identified by the qualified allocation plan under subsection 7m77#a77;,b74 4 7c7 ,effective date ,the amendments made by this section shall apply to buildings placed in service after ,december #ca1 #bjai4 #ijfji4 ,increase in credit for bond-financed projects designated by housing credit agency 7a7 ,in general ,clause 7v7 of section #db7;d77#e77;,b7 is amended by striking the second sentence4 7b7 ,technical amendment ,clause 7v7 of section #db7;d77#e77;,b71 as amended by subsection 7a71 is further amended-- 7#a7 by striking ,state in the heading1 and 7#b7 by striking ,state housing credit agency and inserting housing credit agency4 7c7 ,effective date ,the amendments made by this section shall apply to buildings which receive a determination of housing credit dollar amount after the date of the enactment of this ,act4 #ijfaj4 ,repeal of qualified contract option 7a7 ,termination of option for certain buildings 7#a7 ,in general ,subclause 7,,ii7 of section #db7;h77#f77;,e77i7 is amended by inserting in the case of a building described in clause 7iii71 before on the last day4 7#b7 ,buildings described ,subparagraph 7,e7 of section #db7;h77#f7 is amended by adding at the end the following new clause3 7iii7 ,buildings described ,a building described in this clause is a building-- 7,i7 which received its allocation of housing credit dollar amount before ,january #a1 #bjbj1 or 7,,ii7 in the case of a building any portion of which is financed as described in paragraph 7#d71 which received before ,january #a1 #bjbj1 a determination from the issuer of the tax-exempt bonds or the housing credit agency that the building is eligible to receive an allocation of housing credit dollar amount under the rules of paragraphs 7#a7 and 7#b7 of subsection 7m74 4 7b7 ,rules relating to existing projects ,subparagraph 7,f7 of section #db7;h77#f7 is amended by striking the nonlow-income portion and all that follows and inserting the nonlow-income portion and the low-income portion of the building for fair market value 7determined by the housing credit agency by taking into account the rent restrictions required for the low-income portion of the building to continue to meet the standards of paragraphs 7#a7 and 7#b7 of subsection 7g774 ,the ,secretary shall prescribe such regulations as may be necessary or appropriate to carry out this paragraph44 7c7 ,conforming amendments 7#a7 ,paragraph 7#f7 of section #db7;h7 is amended by striking subparagraph 7,g7 and by redesignating subparagraphs 7,h71 7,i71 7,j71 and 7,k7 as subparagraphs 7,g71 7,h71 7,i71 and 7,j71 respectively4 7#b7 ,subclause 7,,ii7 of section #db7;h77#f77;,e77i71 as amended by subsection 7a71 is further amended by striking subparagraph 7,i7 and inserting subparagraph 7,h74 7d7 ,technical amendment ,subparagraph 7,i7 of section #db7;h77#f71 as redesignated by subsection 7c71 is amended by striking agreement and inserting commitment4 7e7 ,effective date ,the amendments made by this section shall apply to buildings with respect to which a written request described in section #db7;h77#f77;,h7 of the ,internal ,revenue ,code of #aihf is submitted after the date of the enactment of this ,act4 #ijfaa4 ,prohibition of local approval and contribution requirements 7a7 ,in general ,paragraph 7#a7 of section #db7m7 is amended-- 7#a7 by striking clause 7ii7 of subparagraph 7,a7 and by redesignating clauses 7iii7 and 7iv7 thereof as clauses 7ii7 and 7iii71 and 7#b7 by adding at the end the following new subparagraph3 7,e7 ,local approval or contribution not taken into account ,the selection criteria under a qualified allocation plan shall not include consideration of-- 7i7 any support or opposition with respect to the project from local or elected officials1 or 7ii7 any local government contribution to the project1 except to the extent such contribution is taken into account as part of a broader consideration of the project's ability to leverage outside funding sources1 and is not prioritized over any other source of outside funding4 4 7b7 ,effective date ,the amendments made by this section shall apply to allocations of housing credit dollar amounts made after ,december #ca1 #bjbj4 #ijfab4 ,adjustment of credit to provide relief during ,,covid-#ai outbreak 7a7 ,in general ,at the election of a taxpayer who is an owner of an eligible low-income building-- 7#a7 the credit determined under section #db of the ,internal ,revenue ,code of #aihf for the first or second taxable year of such building's credit period ending on or after ,july #a1 #bjbj1 shall be #aej percent of the amount which would 7but for this subsection7 be so allowable with respect to such building for such taxable year1 and 7#b7 the aggregate credits allowable under such section with respect to such building shall be reduced1 on a pro rata basis for each subsequent taxable year in the credit period1 by the increase in the credit allowed by reason of paragraph 7#a7 with respect to such first or second taxable year4 ,the preceding sentence shall not be construed to affect whether any taxable year is part of the credit1 compliance1 or extended use periods for purposes of such section #db4 7b7 ,eligible low-,income building ,for purposes of this section1 the term eligible low-income building means a qualified low-income building with respect to which-- 7#a7 the first year in the credit period ends on or after ,july #a1 #bjbj1 and before ,july #a1 #bjbb1 and 7#b7 construction or leasing delays have occurred after ,january #ca1 #bjbj1 due to the outbreak of coronavirus disease #bjai 7,,covid-#ai7 in the ,united ,states4 7c7 ,election 7#a7 ,in general ,the election under subsection 7a7 shall be made at such time and in such manner as shall be prescribed by the ,secretary of the ,treasury 7or the ,secretary's delegate7 and1 once made1 shall be irrevocable by the taxpayer and any successor in ownership4 7#b7 ,partnerships ,in the case of an eligible low-income building owned by a partnership or ,s corporation1 such election shall be made at the entity level4 7#c7 ,certification ,an owner making such election shall provide to the housing credit agency1 at the same time and in addition to such other information as may be required under section #db7l77#a7 of the ,internal ,revenue ,code of #aihf with respect to the building1 a certification that the purpose of making such election is to offset any reductions in capital or additional costs arising by reason of the outbreak of coronavirus disease #bjai 7,,covid-#ai7 in the ,united ,states4 ,such certification shall include any documentation which the housing credit agency may request4 7d7 ,definitions ,any term used in this section which is also used in section #db of the ,internal ,revenue ,code of #aihf shall have the same meaning as when used in such section4 #ijfac4 ,credit for low-income housing supportive services 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by inserting after section #db the following new section3 #db;,a4 ,credit for contributions to low-income housing supportive services 7a7 ,in general ,for purposes of section #ch1 the amount of the low-income housing supportive services credit determined under this section for the applicable taxable year is an amount equal to #be percent of the qualified supportive housing contribution made by the taxpayer4 7b7 ,qualified supportive housing contribution ,for purposes of this section-- 7#a7 ,in general ,the term qualified supportive housing contribution means the total amount contributed in cash by the taxpayer to a qualified supportive housing reserve fund with respect to a qualified low-income building1 determined as of the date the building is placed in service4 7#b7 ,qualified supportive housing reserve fund ,the term qualified supportive housing reserve fund means1 with respect to any qualified low-income building1 a separate fund reserved exclusively for payment for qualified supportive services provided to tenants of the building pursuant to an extended supportive services commitment4 ,the owner of such building shall designate an administrator to separately account for the amounts in the fund in such manner as the ,secretary may prescribe4 7#c7 ,limitations 7,a7 ,in general ,no amount attributable to any governmental grant1 including grants provided by the government of any ,state1 possession1 tribe1 or locality1 shall be taken into account under paragraph 7#a74 7,b7 ,dollar limitation ,the total qualified supportive housing contributions taken into account under this section with respect to any qualified low-income building shall not exceed-- 7i7 #abj1jjj1 multiplied by 7ii7 the number of low-income units in the building which are occupied at the close of the applicable taxable year4 7c7 ,applicable taxable year ,for purposes of this section1 the term applicable taxable year means the #ast taxable year in the credit period with respect to the qualified low-income building described in subsection 7b77#a74 7d7 ,qualified supportive services ,for purposes of this section1 the term qualified supportive services means services-- 7#a7 provided by the owner of a qualified low-income building 7directly or through contracts with a third party service provider7 to tenants of the building1 7#b7 which include health services 7including mental health services71 coordination of tenant benefits1 job training1 financial counseling1 resident engagement services1 or services the principal purpose of which is to help tenants retain permanent housing1 or such other services as the ,secretary may by regulation provide1 7#c7 which are provided at no cost to tenants1 and 7#d7 usage of or participation in which is not required for tenants4 ,such term includes reasonable and necessary measures for the provision of such services1 including measures to engage tenants in and coordinate such services and measures required to obtain the certification described in subsection 7e77#d74 7e7 ,extended supportive services commitment ,the term extended supportive services commitment means any agreement between the owner of a qualified low-income building and the housing credit agency which-- 7#a7 requires that amounts in a qualified supportive housing reserve fund are spent exclusively on the provision of qualified supportive services to tenants of such building1 7#b7 requires that the amounts in such fund be spent entirely during the extended use period1 and provides for the manner in which such spending will be distributed across such period1 7#c7 requires the designation of one or more individuals to engage tenants regarding and coordinate delivery of qualified supportive services1 7#d7 requires the maintenance of an appropriate certification1 as determined by the ,secretary after consultation with housing credit agencies1 for qualified supportive services1 subject to recertification at least once every #e years1 7#e7 requires appropriate annual reporting to the housing credit agency on expenditures and outcomes1 as determined by such agency1 and 7#f7 is binding on all successors in ownership of such building4 7f7 ,recapture of qualified supportive housing reserve amounts 7#a7 ,in general ,if the owner of a qualified low-income building is determined to be noncompliant with the extended supportive services commitment or extended low-income housing commitment with respect to such building1 any remaining amounts in the qualified supportive housing reserve fund with respect to such building shall be transferred to the housing credit agency4 7#b7 ,use of repayments ,a housing credit agency shall use any amount received pursuant to paragraph 7#a7 only for purposes of qualified low-income buildings4 7g7 ,special rules 7#a7 ,in general ,notwithstanding any other provision of this section1 no credit shall be allowed under this section for any taxable year with respect to any qualified low-income building unless-- 7,a7 the building has received an allocation of the low-income housing credit under section #db by a housing credit agency which is approved by the governmental unit 7in accordance with rules similar to the rules of section #adg7;f77#b7 7other than subparagraph 7,b77ii7 thereof77 of which such agency is a part1 7,b7 the housing credit agency sets forth selection criteria to determine appropriate1 evidence-based supportive services and provides a procedure that the agency 7or an agent or other private contractor of such agency7 will follow in monitoring for noncompliance with the provisions of this section and in reporting such noncompliance to the ,secretary1 7,c7 an extended low-income housing commitment is in effect with respect to such building as of the end of such taxable year1 7,d7 an extended supportive services commitment is in effect with respect to such building as of the end of such taxable year1 and 7,e7 appropriate books and records for itemized expenses and expenditures with respect to the qualified supportive housing reserve fund are maintained on an annual basis1 and are available for inspection upon request by the housing credit agency4 7#b7 ,denial of double benefit ,the deductions otherwise allowed under this chapter for the taxable year shall be reduced by the amount of the credit allowed under this section for such taxable year4 7h7 ,definitions ,any term used in this section which is also used in section #db shall have the same meaning as when used in such section4 4 7b7 ,credit ,to be part of general business credit 7#a7 ,in general ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended by striking plus at the end of paragraph 7#cd71 by striking the period at the end of paragraph 7#ce7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cf7 the low-income housing supportive services credit determined under section #db;,a7a74 4 7#b7 ,treatment as specified credit ,clause 7iii7 of section #ch7;c77#d77;,b7 is amended by inserting 1 and the credit determined under section #db;,a after #bjjg4 7c7 ,treatment for purposes of tax on base erosion payments ,paragraph 7#d7 of section #ei;,a7b7 is amended by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively1 and by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 the low-income housing supportive services credit determined under section #db;,a7a71 4 7d7 ,passive activity credits 7#a7 ,in general ,section #dfi is amended by striking #db each place it appears in subsections 7i77#c77;,c71 7i77#f77;,b77i71 and 7k77#a7 and inserting #db or #db;,a4 7#b7 ,conforming amendments ,the headings of subsections 7i77#c77;,c7 and 7i77#f77;,b7 of section #dfi are each amended by striking credit and inserting credits4 7e7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #db the following new item3 ,sec4 #db;,a4 ,credit for contributions to low-income housing supportive services4 4 7f7 ,effective date ,the amendments made by this section shall apply to buildings placed in service after ,december #ca1 #bjbj4 ,b ,neighborhood ,homes ,credit #ijfba4 ,neighborhood homes credit 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by inserting after section #db;,a the following new section3 #db;,b4 ,neighborhood homes credit 7a7 ,allowance of credit ,for purposes of section #ch1 the amount of the neighborhood homes credit determined under this section for a taxable year for a qualified project shall be1 with respect to each qualified residence that is part of such qualified project and that experiences a qualified completion event during such taxable year1 an amount equal to-- 7#a7 in the case of an affordable sale1 with respect to the seller1 the excess of-- 7,a7 the qualified development cost incurred by such seller for such qualified residence1 over 7,b7 the sale price of such qualified residence1 or 7#b7 in the case of any other qualified completion event1 with respect to a taxpayer other than the owner of the qualified residence 7or a related person with respect to such owner71 the excess of-- 7,a7 the development cost incurred by such taxpayer for such qualified residence1 over 7,b7 the amount received by such taxpayer as payment for such rehabilitation4 7b7 ,limitations 7#a7 ,amount ,the amount determined under subsection 7a7 with respect to a qualified residence shall not exceed #ce percent of the lesser of-- 7,a7 the qualified development cost1 or 7,b7 #hj percent of the national median sale price for new homes 7as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project74 7#b7 ,allocations 7,a7 ,in general ,the amount determined under subsection 7a7 with respect to a qualified residence that is part of a qualified project and that experiences a qualified completion event shall not exceed the excess of-- 7i7 the amount determined under subparagraph 7,b71 over 7ii7 the amounts previously determined under subsection 7a7 with respect to such qualified project4 7,b7 ,allocation amount ,the amount determined under this paragraph with respect to a qualified residence that is part of a qualified project and that experiences a qualified completion event is the least of-- 7i7 the amount allocated to such project by the neighborhood homes credit agency under this section1 7ii7 pursuant to subparagraph 7,c71 the amount such agency determines at the time of the qualified completion event is necessary to ensure the financial feasibility of the project1 or 7iii7 in the case of a qualified completion event that occurs after the #e-year period beginning on the date of the allocation referred to in clause 7i71 #j4 7,c7 ,financial feasability ,for purposes of subparagraph 7,b77ii71 the neighborhood homes credit agency shall consider-- 7i7 the sources and uses of funds and the total financing planned for the qualified project1 7ii7 any proceeds or receipts expected to be generated by reason of tax benefits1 7iii7 the percentage of the amount allocated to such project under this section used for project costs other than the cost of intermediaries1 and 7iv7 the reasonableness of the developmental costs and fees of the qualified project4 7c7 ,qualified development cost ,for purposes of this section-- 7#a7 ,in general ,the term qualified development cost means1 with respect to a qualified residence1 so much of the allowable development cost as the neighborhood homes credit agency certifies1 at the time of the completion event1 meets the standards promulgated under subsection 7h77#a77;,c74 7#b7 ,allowable development cost ,the term allowable development cost means-- 7,a7 the cost of construction1 substantial rehabilitation1 demolition of any structure1 and environmental remediation1 and 7,b7 in the case of an affordable sale1 so much of the cost of acquiring buildings and land as does not exceed an amount equal to #ge percent of the costs described in subparagraph 7,a74 7#c7 ,condominium and cooperative housing units ,in the case of a qualified residence described in subparagraph 7,b7 or 7,c7 of subsection 7f77#a71 the allowable development cost of such qualified residence shall be an amount equal to the total allowable development cost of the entire condominium or cooperative housing property in which such qualified residence is located1 multiplied by a fraction-- 7,a7 the numerator of which is the total floor space of such qualified residence1 and 7,b7 the denominator of which is the total floor space of all residences within such property4 7d7 ,qualified project ,for purposes of this section1 the term qualified project means a project that-- 7#a7 a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences located in one or more qualified census tracts1 and 7#b7 is designated by such agency as a qualified project under this section and is allocated 7before such building or substantial rehabilitation begins7 a portion of the amount allocated to such agency under subsection 7g74 7e7 ,qualified census tract ,for purposes of this section-- 7#a7 ,in general ,the term qualified census tract means a census tract-- 7,a7 with-- 7i7 a median gross income which does not exceed #hj percent of the applicable area median gross income1 7ii7 a poverty rate that is not less than #acj percent of the applicable area poverty rate1 and 7iii7 a median value for owner-occupied homes that does not exceed applicable area median value for owner-occupied homes1 7,b7 which is located in a city with a population of not less than #ej1jjj and a poverty rate that is not less than #aej percent of the applicable area poverty rate1 and which has-- 7i7 a median gross income which does not exceed the applicable area median gross income1 and 7ii7 a median value for owner-occupied homes that does not exceed #hj percent of the applicable area median value for owner-occupied homes1 or 7,c7 which is located in a nonmetropolitan county and which has-- 7i7 a median gross income which does not exceed the applicable area median gross income1 and 7ii7 been designated by a neighborhood homes credit agency under this clause4 7#b7 ,additional census tracts for substantial rehabilitation ,in the case of a qualified residence that is intended for substantial rehabilitation described in subsection 7f77#e77;,b71 the term qualified census tract includes a census tract that meets the requirements of paragraph 7#a77;,a71 without regard to clause 7iii71 and that is designated by the neighborhood homes credit agency under this paragraph4 7#c7 ,list of qualified census tracts ,the ,secretary of ,housing and ,urban ,development shall1 for each year1 make publicly available a list of qualified census tracts under-- 7,a7 on a combined basis1 subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 7,b7 subparagraph 7,c7 of such paragraph1 and 7,c7 paragraph 7#b74 7f7 ,other definitions ,for purposes of this section-- 7#a7 ,qualified residence ,the term qualified residence means a residence that consists of-- 7,a7 a single-family home containing #d or fewer residential units1 7,b7 a condominium unit1 or 7,c7 a house or an apartment owned by a cooperative housing corporation 7as defined in section #baf7;b774 7#b7 ,affordable sale 7,a7 ,in general 7i7 ,in general ,the term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection 7h77#a77;,d7 for a price that does not exceed-- 7,i7 in the case of any qualified residence not described in subclause 7,,ii71 7,,iii71 or 7,,iv71 the amount equal to the product of #d multiplied by the applicable area median gross income1 7,,ii7 in the case of a single-family home containing two residential units1 #abe percent of the amount described in subclause 7,i71 7,,iii7 in the case of a single-family home containing three residential units1 #aej percent of the amount described in subclause 7,i71 or 7,,iv7 in the case of a single-family home containing four residential units1 #age percent of the amount described in subclause 7,i74 7ii7 ,related persons 7,i7 ,in general ,a sale between related persons shall not be treated as an affordable sale4 7,,ii7 ,definition ,for purposes of this section1 a person 7in this clause referred to as the related person7 is related to any person if the related person bears a relationship to such person specified in section #bfg7;b7 or #gjg7;b77#a71 or the related person and such person are engaged in trades or businesses under common control 7within the meaning of subsections 7a7 and 7b7 of section #eb74 ,for purposes of the preceding sentence1 in applying section #bfg7;b7 or #gjg7;b77#a71 #aj percent shall be substituted for #ej percent4 7#c7 ,applicable area ,the term applicable area means-- 7,a7 in the case of a metropolitan census tract1 the metropolitan area in which such census tract is located1 and 7,b7 in the case of a census tract other than a census tract described in subparagraph 7,a71 the ,state4 7#d7 ,substantial rehabilitation ,the term substantial rehabilitation means rehabilitation efforts involving qualified development costs that are not less than the greater of-- 7,a7 #bj1jjj1 or 7,b7 #bj percent of the cost of acquiring buildings and land4 7#e7 ,qualified completion event ,the term qualified completion event means-- 7,a7 in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold1 an affordable sale1 or 7,b7 in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and owned by the same qualified homeowner throughout such rehabilitation1 the completion of such rehabilitation 7as determined by the neighborhood homes credit agency7 to the standards promulgated under subsection 7h77#a77;,d74 7#f7 ,qualified homeowner 7,a7 ,in general ,the term qualified homeowner means1 with respect to a qualified residence1 an individual-- 7i7 who owns and uses such qualified residence as the principal residence of such individual1 and 7ii7 whose income is #adj percent or less of the applicable area median gross income for the location of the qualified residence4 7,b7 ,ownership ,for purposes of a cooperative housing corporation 7as such term is defined in section #baf7;b771 a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy4 7,c7 ,income ,for purposes of this paragraph1 income shall be a determined in accordance with sections #adc7;f77#b7 and #adc7;f77#d74 7,d7 ,timing ,for purposes of this paragraph1 the income of a taxpayer shall be determined-- 7i7 in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold1 at the time a binding contract for purchase is made1 or 7ii7 in the case of a qualified residence that is occupied by a qualified homeowner and intended to be substantially rehabilitated as part of a qualified project1 at the time a binding contract to undertake such rehabilitation is made4 7#g7 ,neighborhood homes credit agency ,the term neighborhood homes credit agency means the agency designated by the governor of a ,state as the neighborhood homes credit agency of the ,state4 7g7 ,allocation 7#a7 ,state neighborhood homes credit ceiling ,the ,state neighborhood homes credit amount for a ,state for a calendar year is an amount equal to the greater of-- 7,a7 the product of #f1 multiplied by the ,state population 7determined in accordance with section #adf7;j771 or 7,b7 #h1jjj1jjj4 7#b7 ,unused amount ,the ,state neighborhood homes credit amount for a calendar year shall be increased by the sum of-- 7,a7 any amount certified by the neighborhood homes credit agency of the ,state as having been previously allocated to a qualified project and not used during the #e-year period described in subsection 7b77#b77;,b77iii71 plus 7,b7 sum of the amount by which the amount determined under paragraph 7#a7 7without application of this paragraph7 exceeded the amount allocated to qualified projects in each of the three immediately preceding calendar years4 7#c7 ,portion of state credit ceiling for certain projects involving qualified nonprofit organizations ,rules similar to the rules of section #db7;h77#e7 shall apply4 7h7 ,responsibilities of neighborhood homes credit agencies 7#a7 ,in general ,notwithstanding subsection 7g71 the ,state neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the ,state-- 7,a7 allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency1 7,b7 allocates not more than #bj percent of such amount for the previous year to projects with respect to qualified residences in census tracts under subsection 7e77#a77;,c7 or 7e77#b71 7,c7 promulgates standards with respect to reasonable qualified development costs and fees1 7,d7 promulgates standards with respect to construction quality1 and 7,e7 submits to the ,secretary 7at such time and in such manner as the ,secretary may prescribe7 an annual report specifying-- 7i7 the amount of the neighborhood homes credits allocated to each qualified project for the previous year1 7ii7 with respect to each qualified residence completed in the preceding calendar year-- 7,i7 the census tract in which such qualified residence is located1 7,,ii7 with respect to the qualified project that includes such qualified residence1 the year in which such project received an allocation under this section1 7,,iii7 whether such qualified residence was new or substantially rehabilitated1 7,,iv7 the eligible basis of such qualified residence1 7,v7 the amount of the neighborhood homes credit with respect to such qualified residence1 7,,vi7 the sales price of such qualified residence or1 in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and is owned by the same qualified homeowner during the entirety of such rehabilitation1 the cost of the substantial rehabilitation1 and 7,,vii7 the income of the qualified homeowner 7expressed as a percentage of the applicable area median gross income for the location of the qualified residence71 and 7iii7 such other information as the ,secretary may require4 7#b7 ,qualified allocation plan ,for purposes of this subsection1 the term qualified allocation plan means any plan which-- 7,a7 sets forth the selection criteria to be used to prioritize qualified projects for allocations of ,state neighborhood homes credit dollar amounts1 including-- 7i7 the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project1 7ii7 the expected contribution of the project to neighborhood stability and revitalization1 7iii7 the capability of the project sponsor1 and 7iv7 the likelihood the project will result in long-term homeownership1 7,b7 has been made available for public comment1 and 7,c7 provides a procedure that the neighborhood homes credit agency 7or any agent or contractor of such agency7 shall follow for purposes of-- 7i7 identifying noncompliance with any provisions of this section1 and 7ii7 notifying the ,internal ,revenue ,service of any such noncompliance of which the agency becomes aware4 7i7 ,possessions treated as states ,for purposes of this section1 the term ,state includes the ,district of ,columbia and a possession of the ,united ,states4 7j7 ,repayment 7#a7 ,in general 7,a7 ,sold during #e-year period ,if a qualified residence is sold during the #e-year period beginning on the date of the qualified completion event described in subsection 7a7 with respect to such qualified residence1 the seller shall transfer an amount equal to the repayment amount from the amount realized on such sale to the relevant neighborhood homes credit agency4 7,b7 ,use of repayments ,a neighborhood homes credit agency shall use any amount received pursuant to subparagraph 7,a7 only for purposes of qualified projects4 7#b7 ,repayment amount ,for purposes of paragraph 7#a77;,a71 the repayment amount is an amount equal to #ej percent of the gain from such resale1 reduced by #bj percent for each year of the #e-year period referred to in paragraph 7#a77;,a7 which ends before the date of the sale referred to in such paragraph4 7#c7 ,lien for repayment amount ,a neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph 7#a77;,a74 7#d7 ,denial of deductions if converted to rental housing ,if1 during the #e-year period beginning on the date of the qualified completion event described in subsection 7a71 an individual who owns a qualified residence fails to use such qualified residence as such individual's principal residence for any period of time1 no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting1 during such period of time1 such qualified residence4 7#e7 ,waiver ,the neighborhood homes credit agency may waive the repayment required under paragraph 7#a77;,a7 in the case of homeowner experiencing a hardship4 7k7 ,report 7#a7 ,in general ,the ,secretary shall annually issue a report1 to be made available to the public1 which contains the information submitted pursuant to subsection 7h77#a77;,e74 7#b7 ,de-identification ,the ,secretary shall ensure that any information made public pursuant to paragraph 7#a7 excludes any information that would allow for the identification of qualified homeowners4 7l7 ,inflation adjustment 7#a7 ,in general ,in the case of a calendar year after #bjbj1 the dollar amounts in this section shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for such calendar year by substituting calendar year #bjai for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7#b7 ,rounding 7,a7 ,in the case of the dollar amount in subsection 7f77#d71 any increase under paragraph 7#a7 which is not a multiple of #a1jjj shall be rounded to the nearest multiple of #a1jjj4 7,b7 ,in the case of the dollar amount in subsection 7g77#a77;,a77i71 any increase under paragraph 7#a7 which is not a multiple of #j4ja shall be rounded to the nearest multiple of #j4ja4 7,c7 ,in the case of the dollar amount in subsection 7g77#a77;,a77ii71 any increase under paragraph 7#a7 which is not a multiple of #ajj1jjj shall be rounded to the nearest multiple of #ajj1jjj4 4 7b7 ,current year business credit calculation ,section #ch7;b71 as amended by the preceding provisions of this ,act1 is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 the neighborhood homes credit determined under section #db;,b7a71 4 7c7 ,conforming amendments ,subsections 7i77#c77;,c71 7i77#f77;,b77i71 and 7k77#a7 of section #dfi are each amended by inserting or #db;,a and inserting #db;,a1 or #db;,b4 7d7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a1 as amended by the preceding provisions of this ,act1 is amended by inserting after the item relating to section #db;,a the following new item3 ,sec4 #db;,b4 ,neighborhood homes credit4 4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 ,,vii ,tribal development #ijgja4 ,treatment of ,indian ,tribes as ,states with respect to bond issuance 7a7 ,in general ,subsection 7c7 of section #ghga is amended to read as follows3 7c7 ,special rules for tax-,exempt bonds 7#a7 ,in general ,in applying section #adf to bonds issued by ,indian ,tribal ,governments the ,secretary shall annually-- 7,a7 establish a national bond volume cap based on the greater of-- 7i7 the ,state population formula approach in section #adf7;d77#a77;,a7 7using national ,tribal population estimates supplied annually by the ,department of the ,interior in consultation with the ,census ,bureau71 and 7ii7 the minimum ,state ceiling amount in section #adf7;d77#a77;,b7 7as adjusted in accordance with the cost of living provision in section #adf7;d77#b771 7,b7 allocate such national bond volume cap among all ,indian ,tribal ,governments seeking such an allocation in a particular year under regulations prescribed by the ,secretary4 7#b7 ,application of geographic restriction ,in the case of national bond volume cap allocated under paragraph 7#a71 section #adf7k77#a7 shall not apply to the extent that such cap is used with respect to financing for a facility located on qualified ,indian lands4 7#c7 ,definitions and special rules ,for purposes of this subsection-- 7,a7 ,indian ,tribal ,government ,the term ,indian ,tribal ,government means the governing body of an ,indian ,tribe1 band1 nation1 or other organized group or community which is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians1 and also includes any agencies1 instrumentalities or political subdivisions thereof4 7,b7 ,intertribal consortiums1 etc ,in any case in which an ,indian ,tribal ,government has authorized an intertribal consortium1 a ,tribal organization1 or an ,alaska ,native regional or village corporation1 as defined in1 or established pursuant to1 the ,alaska ,native ,claims ,settlement ,act1 to plan for1 coordinate or otherwise administer services1 finances1 functions1 or activities on its behalf under this subsection1 the authorized entity shall have the rights and responsibilities of the authorizing ,indian ,tribal ,government only to the extent provided in the ,authorizing resolution4 7,c7 ,qualified ,indian lands ,the term qualified ,indian lands shall mean an ,indian reservation as defined in section #c7;d7 of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adeb7;d771 including lands which are within the jurisdictional area of an ,oklahoma ,indian ,tribe 7as determined by the ,secretary of the ,interior7 and shall include lands outside a reservation where the facility is to be placed in service in connection with the active conduct of a trade or business by an ,indian ,tribe on or near an ,indian reservation or ,alaska ,native village or in connection with infrastructure 7including roads1 power lines1 water systems1 railroad spurs1 and communication facilities7 serving an ,indian reservation or ,alaska ,native village4 4 7b7 ,repeal of essential governmental function requirements ,section #ghga is amended-- 7#a7 by striking subsections 7b7 and 7e71 and 7#b7 by striking subject to subsection 7b71 in subsection 7a77#b74 7c7 ,conforming amendment ,subparagraph 7,b7 of section #de7;c77#i7 is amended to read as follows3 7,b7 ,indian ,tribe ,for purposes of this paragraph1 the term ,indian tribe has the meaning given the term ,indian ,tribal ,government by section #ghga7;c77#c77;,a74 4 7d7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this ,act4 7#b7 ,repeal of essential governmental function requirements ,the amendments made by subsection 7b7 shall apply to transactions after1 and obligations issued in calendar years beginning after1 the date of the enactment of this ,act4 #ijgjb4 ,treatment of ,tribal foundations and charities like charities funded and controlled by other governmental funders and sponsors 7a7 ,in general ,section #ghga7;a7 is amended by striking and at the end of paragraph 7#f71 by striking the period at the end of paragraph 7#g7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#h7 for purposes of-- 7,a7 determining support of an organization described in section #agj7;b77#a77;,a77vi71 and 7,b7 determining whether an organization is described in paragraph 7#a7 or 7#b7 of section #eji7;a7 for purposes of section #eji7;a77#c74 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #ijgjc4 ,new markets tax credit 7a7 ,expanding low-,income community definition to include ,tribal communities 7#a7 ,in general ,paragraph 7#a7 of section #de;,d7e7 is amended to read as follows3 7#a7 ,in general ,the term low-income community means any area-- 7,a7 comprising a population census tract if-- 7i7 the poverty rate for such tract is at least #bj percent1 or 7ii7 7,i7 in the case of a tract not located within a metropolitan area1 the median family income for such tract does not exceed #hj percent of statewide median family income1 or 7,,ii7 in the case of a tract located within a metropolitan area1 the median family income for such tract does not exceed #hj percent of the greater of statewide median family income or the metropolitan area median family income1 7,b7 comprising a ,tribal ,statistical ,area4 ,subparagraph 7,a77ii7 shall be applied using possession wide median family income in the case of census tracts located within a possession of the ,united ,states4 4 7#b7 ,tribal statistical area defined ,section #de;,d7e7 is amended by adding at the end the following new paragraph3 7#f7 ,tribal statistical area ,for purposes of paragraph 7#a77;,b71 the term ,tribal ,statistical ,area means-- 7,a7 any ,tribal ,census ,tract1 ,oklahoma ,tribal ,statistical ,area1 ,tribal-,designated ,statistical ,area1 or ,alaska ,native ,village ,statistical ,area if-- 7i7 the poverty rate for such tract or area is at least #bj percent1 or 7ii7 the median family income for such tract or area does not exceed #hj percent of the statewide median family income for a ,state with boundaries that encompass or intersect the boundaries of such area1 and 7,b7 any area that will be used for the construction1 reconstruction or improvement of a community facility or an infrastructure project that-- 7i7 services ,tribal or ,alaska ,native village members of any tract or area described in subparagraph 7,a71 and 7ii7 has documented its eligibility with respect to clause 7i7 to the satisfaction of the relevant ,indian ,tribal ,government 7within the meaning of section #ghga7;c774 4 7b7 ,tribal investment proportionality goal ,section #de;,d7i7 is amended by striking and at the end of paragraph 7#e71 by striking the period at the end of paragraph 7#f7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#g7 which ensure that ,tribal ,statistical ,areas 7as defined in subsection 7e77#f77 receive a proportional allocation of qualified equity investments based on the overall number of ,native ,americans relative to the portion of the ,united ,states population which is at or below the poverty line 7as determined for purposes of determining poverty rates under subsection 7e774 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 ,,viii ,highway trust fund and related taxes #ijhja4 ,extension of ,highway ,trust ,fund expenditure authority 7a7 ,highway ,trust ,fund ,section #iejc is amended-- 7#a7 by striking ,october #a1 #bjbj in subsections 7b77#f77;,b71 7c77#a71 and 7e77#c7 and inserting ,october #a1 #bjbe1 and 7#b7 by striking ,,fast ,act in subsections 7c77#a7 and 7e77#c7 and inserting ,moving ,forward ,act4 7b7 ,sport ,fish ,restoration and ,boating ,trust ,fund ,section #iejd is amended-- 7#a7 by striking ,,fast ,act each place it appears in subsection 7b77#b7 and inserting ,moving ,forward ,act1 and 7#b7 by striking ,october #a1 #bjbj in subsection 7d77#b7 and inserting ,october #a1 #bjbe4 7c7 ,leaking ,underground ,storage ,tank ,trust ,fund ,section #iejh7;e77#b7 is amended by striking ,october #a1 #bjbj and inserting ,october #a1 #bjbe4 #ijhjb4 ,extension of highway-related taxes 7a7 ,in general 7#a7 ,each of the following provisions of the ,internal ,revenue ,code of #aihf is amended by striking ,september #cj1 #bjbb and inserting ,september #cj1 #bjbg3 7,a7 ,section #djda7;a77#a77;,c77iii77,i74 7,b7 ,section #djda7m77#a77;,b74 7,c7 ,section #djha7;d77#a74 7#b7 ,each of the following provisions of the ,internal ,revenue ,code of #aihf is amended by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbg3 7,a7 ,section #djda7m77#a77;,a74 7,b7 ,section #djea7;c74 7,c7 ,section #djga7;d74 7,d7 ,section #djha7;d77#c74 7b7 ,extension of tax1 etc41 on use of certain heavy vehicles ,each of the following provisions of the ,internal ,revenue ,code of #aihf is amended by striking #bjbc each place it appears and inserting #bjbh3 7#a7 ,section #ddha7;f74 7#b7 ,subsections 7c77#d7 and 7d7 of section #ddhb4 7c7 ,floor stocks refunds ,section #fdab7;a77#a7 is amended-- 7#a7 by striking ,october #a1 #bjbb each place it appears and inserting ,october #a1 #bjbg1 7#b7 by striking ,march #ca1 #bjbc each place it appears and inserting ,march #ca1 #bjbh1 and 7#c7 by striking ,january #a1 #bjbc and inserting ,january #a1 #bjbh4 7d7 ,extension of certain exemptions 7#a7 ,section #dbba7;a7 is amended by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbg4 7#b7 ,section #ddhc7;i7 is amended by striking ,october #a1 #bjbc and inserting ,october #a1 #bjbh4 7e7 ,extension of transfers of certain taxes 7#a7 ,in general ,section #iejc is amended-- 7,a7 in subsection 7b7-- 7i7 by striking ,october #a1 #bjbb each place it appears in paragraphs 7#a7 and 7#b7 and inserting ,october #a1 #bjbg1 7ii7 by striking ,october #a1 #bjbb in the heading of paragraph 7#b7 and inserting ,october #a1 #bjbg1 7iii7 by striking ,september #cj1 #bjbb in paragraph 7#b7 and inserting ,september #cj1 #bjbg21 and 7iv7 by striking ,july #a1 #bjbc in paragraph 7#b7 and inserting ,july #a1 #bjbh1 and 7,b7 in subsection 7c77#b71 by striking ,july #a1 #bjac and inserting ,july #a1 #bjbh4 7#b7 ,motorboat and small-engine fuel tax transfers 7,a7 ,in general ,paragraphs 7#c77;,a77i7 and 7#d77;,a7 of section #iejc7;c7 are each amended by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbg4 7,b7 ,conforming amendments to land and water conservation fund ,section #bjjcaj of title #ed1 ,united ,states ,code1 is amended-- 7i7 by striking ,october #a1 #bjbc each place it appears and inserting ,october #a1 #bjbh1 and 7ii7 by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbg4 #ijhjc4 ,additional transfers to ,highway ,trust ,fund ,section #iejc7;f7 is amended by redesignating paragraph 7#aj7 as paragraph 7#aa7 and by inserting after paragraph 7#i7 the following new paragraph3 7#aj7 ,additional transfers to trust fund ,out of money in the ,treasury not otherwise appropriated1 there is hereby appropriated-- 7,a7 #ajf1gjj1jjj1jjj to the ,highway ,account 7as defined in subsection 7e77#e77;,b77 in the ,highway ,trust ,fund1 and 7,b7 #ch1fjj1jjj1jjj to the ,mass ,transit ,account in the ,highway ,trust ,fund4 4 ,n ,rights for ,transportation ,security ,officers #iajja4 ,short title ,this division may be cited as the ,rights for ,transportation ,security ,officers ,act of #bjbj4 #iajjb4 ,definitions ,for purposes of this division-- 7#a7 the term adjusted basic pay means-- 7,a7 the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions2 and 7,b7 any regular1 fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes1 including any applicable locality payment and any special rate supplement2 7#b7 the term ,administrator means the ,administrator of the ,transportation ,security ,administration2 7#c7 the term covered employee means an employee who holds a covered position2 7#d7 the term covered position means a position within the ,transportation ,security ,administration2 7#e7 the term conversion date means the date as of which paragraphs 7#a7 through 7#d7 of section #iajjc7;c7 take effect2 7#f7 the term #bjai ,determination means the publication1 entitled ,determination on ,transportation ,security ,officers and ,collective ,bargaining1 issued on ,july #ac1 #bjai1 by ,administrator ,david ,p4 ,pekoske2 7#g7 the term employee has the meaning given such term by section #baje of title #e1 ,united ,states ,code2 7#h7 the term ,secretary means the ,secretary of ,homeland ,security2 and 7#i7 the term ,,tsa personnel management system means any personnel management system established or modified under-- 7,a7 section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note72 or 7,b7 section #aad7n7 of title #di1 ,united ,states ,code4 #iajjc4 ,conversion of ,,tsa personnel 7a7 ,restrictions on certain personnel authorities ,notwithstanding any other provision of law1 effective as of the date of the enactment of this division-- 7#a7 any ,,tsa personnel management system in use for covered employees and covered positions on the day before such date of enactment1 and any ,,tsa personnel management policy1 letters1 guideline1 or directive in effect on such day may not be modified2 7#b7 no ,,tsa personnel management policy1 letter1 guideline1 or directive that was not established before such date issued pursuant to section #aaa7;d7 of the ,aviation and ,transportation ,security ,act 7#di ,u4,s4,c4 #ddice note7 or section #aad7n7 of title #di1 ,united ,states ,code1 may be established2 and 7#c7 any authority to establish or adjust a human resources management system under chapter #ig of title #e1 ,united ,states ,code1 shall terminate with respect to covered employees and covered positions4 7b7 ,personnel authorities during transition period ,any ,,tsa personnel management system in use for covered employees and covered positions on the day before the date of enactment of this division and any ,,tsa personnel management policy1 letter1 guideline1 or directive in effect on the day before the date of enactment of this division shall remain in effect until the effective date under subsection 7c74 7c7 ,transition to general personnel management system applicable to civil service employees ,effective as of the date determined by the ,secretary1 but in no event later than #ahj days after the date of the enactment of this division-- 7#a7 each provision of law cited in section #iajjb7i7 is repealed2 7#b7 any ,,tsa personnel management policy1 letter1 guideline1 and directive1 including the #bjai ,determination1 shall cease to be effective2 7#c7 any human resources management system established or adjusted under chapter #ig of title #e1 ,united ,states ,code1 with respect to covered employees or covered positions shall cease to be effective2 and 7#d7 covered employees and covered positions shall be subject to the provisions of title #e1 ,united ,states ,code4 7d7 ,safeguards on grievances ,in carrying out this division1 the ,secretary shall take such actions as are necessary to provide an opportunity to each covered employee with a grievance or disciplinary action 7including an adverse action7 pending within ,,tsa on the date of enactment of this division or at any time during the transition period described in subsection 7c7 to have such grievance removed to proceedings pursuant to title #e1 ,united ,states ,code1 or continued within ,,tsa4 #iajjd4 ,transition rules 7a7 ,nonreduction in pay and compensation ,under pay conversion rules as the ,secretary may prescribe to carry out this division1 a covered employee converted from a ,,tsa personnel management system to the provisions of title #e1 ,united ,states ,code1 pursuant to section #iajjb7;c77#d7 shall not be subject to any reduction in the rate of adjusted basic pay payable1 or total compensation provided1 to such covered employee4 7b7 ,preservation of other rights ,in the case of each covered employee as of the conversion date1 the ,secretary shall take any actions necessary to ensure that-- 7#a7 any annual leave1 sick leave1 or other paid leave accrued1 accumulated1 or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used2 and 7#b7 the ,government share of any premiums or other periodic charges under chapter #hi of title #e1 ,united ,states ,code1 governing group health insurance shall remain at least the same as was the case immediately before the conversion date4 7c7 ,,gao study on ,,tsa pay rates ,not later than the date that is #i months after the date of enactment of this division1 the ,comptroller ,general shall submit a report to ,congress on the differences in rates of pay1 classified by pay system1 between ,transportation ,security ,administration employees-- 7#a7 with duty stations in the contiguous #dh ,states2 and 7#b7 with duty stations outside of such ,states1 including those employees located in any territory or possession of the ,united ,states4 7d7 ,rule of construction ,during the transition period and after the conversion date1 the ,secretary shall ensure that the ,transportation ,security ,administration continues to prevent the hiring of individuals who have been convicted of a sex crime1 an offense involving a minor1 a crime of violence1 or terrorism4 #iajje4 ,consultation requirement 7a7 ,exclusive representative ,the labor organization certified by the ,federal ,labor ,relations ,authority on ,june #bi1 #bjaa1 or successor labor organization shall be treated as the exclusive representative of full- and part-time non-supervisory ,,tsa personnel carrying out screening functions under section #ddija of title #di1 ,united ,states ,code1 and shall be the exclusive representative for such personnel under chapter #ga of title #e1 ,united ,states ,code1 with full rights under such chapter4 ,any collective bargaining agreement covering such personnel on the date of enactment of this division shall remain in effect1 consistent with subsection 7d74 7b7 ,consultation rights ,not later than #g days after the date of the enactment of this division1 the ,secretary shall consult with the exclusive representative for the personnel described in subsection 7a7 under chapter #ga of title #e1 ,united ,states ,code1 on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this division4 ,prior to the conversion date1 the ,secretary shall provide 7in writing7 to such exclusive representative the plans for how the ,secretary intends to carry out the conversion of covered employees and covered positions under this division1 including with respect to such matters as-- 7#a7 the anticipated conversion date2 and 7#b7 measures to ensure compliance with sections #iajjc and #iajjd4 7c7 ,required agency response ,if any views or recommendations are presented under subsection 7b7 by the exclusive representative1 the ,secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken4 7d7 ,sunset provision ,the provisions of this section shall cease to be effective as of the conversion date4 #iajjf4 ,no right to strike ,nothing in this division shall be considered-- 7#a7 to repeal or otherwise affect-- 7,a7 section #aiah of title #ah1 ,united ,states ,code 7relating to disloyalty and asserting the right to strike against the ,government72 or 7,b7 section #gcaa of title #e1 ,united ,states ,code 7relating to loyalty and striking72 or 7#b7 to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph 7#a74 #iajjg4 ,rule of construction with respect to certain crimes relating to terrorism ,nothing in this division may be construed to contradict chapter #aac;,b of title #ah1 ,united ,states ,code1 including with respect to-- 7#a7 section #bccb;b 7relating to acts of terrorism transcending national boundaries72 7#b7 section #bcci 7relating to harboring or concealing terrorists72 and 7#c7 section #bcci;,a 7relating to providing material support to terrorists74 #iajjh4 ,report by ,,gao regarding ,,tsa recruitment ,not later than #a year after the date of the enactment of this division1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the efforts of the ,transportation ,security ,administration regarding recruitment1 including recruitment efforts relating to veterans and the dependents of veterans and members of the ,armed ,forces and the dependents of such members4 ,such report shall also include recommendations regarding how the ,administration may improve such recruitment efforts4 #iajji4 ,sense of ,congress ,it is the sense of ,congress that the ,transportation ,security ,administration's personnel system provides insufficient benefits and workplace protections to the workforce that secures the nation's transportation systems and that the ,transportation ,security ,administration's workforce should be provided protections and benefits under title #e1 ,united ,states ,code4 #iajaj4 ,assistance for ,federal ,air ,marshal ,service ,the ,administrator of the ,transportation ,security ,administration shall engage and consult with public and private entities associated with the ,federal ,air ,marshal ,service to address concerns regarding ,federal ,air ,marshals related to the following3 7#a7 ,mental health4 7#b7 ,suicide rates4 7#c7 ,morale and recruitment4 7#d7 ,any other personnel issues the ,administrator determines appropriate4 #iajaa4 ,prohibition on certain social media application ,beginning on the date of the enactment of this division1 covered employees may not use or have installed on ,united ,states ,government-issued mobile devices the social media video application known as ,tik,tok or any successor application4 #iajab4 ,veterans hiring ,the ,secretary shall prioritize the hiring of veterans1 including disabled veterans1 and other preference eligible individuals1 including widows and widowers of veterans1 as defined in section #bajh of title #e1 ,united ,states ,code1 for covered positions4 #iajac4 ,prevention and protection against certain illness ,the ,administrator of the ,transportation ,security ,administration1 in coordination with the ,director of ,centers for ,disease ,control and ,prevention and the ,director of the ,national ,institute of ,allergy and ,infectious ,diseases1 shall ensure that covered employees are provided proper guidance regarding prevention and protections against coronavirus1 including appropriate resources4 ,o ,agriculture infrastructure improvements #ibjja4 ,reforestation ,trust ,fund ,section #cjc7;b77#b7 of ,public ,law #if-dea 7#af ,u4,s4,c4 #afjf;a7b77#b77 is amended by striking #cj1jjj1jjj and inserting #fj1jjj1jjj4 ,p ,budgetary ,effects #icjja4 ,budgetary effects 7a7 ,statutory ,,paygo scorecards ,the budgetary effects of each division of this ,act shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo scorecards ,the budgetary effects of each division of this ,act shall not be entered on any ,,paygo scorecard maintained for purposes of section #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74 ,q ,state-,owned ,enterprises #idjja4 ,state-,owned enterprises prohibition 7a7 ,buy ,america ,none of the funds authorized or made available by this ,act1 or the amendments made by this ,act1 may be used in awarding a contract1 subcontract1 grant1 or loan to an entity that-- 7#a7 is owned or controlled by1 is a subsidiary of1 or is otherwise related legally or financially to a corporation based in a country that-- 7,a7 is identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of this ,act2 7,b7 was identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 and 7,c7 is subject to monitoring by the ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf72 or 7#b7 is listed pursuant to section #i7;b77#c7 of the ,uyghur ,human ,rights ,policy ,act of #bjbj 7,public ,law #aaf-ade74 7b7 ,exception ,for purposes of subsection 7a71 the term otherwise related legally or financially does not include a minority relationship or investment4 7c7 ,international agreements ,this section shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 ,passed the ,house of ,representatives ,july #a1 #bjbj4;,clerk4